A) An assurance given to the state government at the time of its accession
B) Indian Independence Act 1947
C) The cease-fire agreement concluded with Pakistan in 1948
D) All the above
Correct Answer: A
Solution :
[a] Under Article 370, except for Defense, Foreign Affairs, Communications and ancillary matters (matters specified in the instrument of accession) the Indian Parliament needs the state government's concurrence for applying all other laws. So, a separate set of laws is made for the people residing in the state, which includes all those related to ownership of property, citizenship as well as fundamental rights. The 1947 accord between the then Prime Minister Indira Gandhi and former J&K Chief Minister Sheikh Abdullah stated, "The State of Jammu and Kashmir, which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India." The principal drafter of Article 370 was Gopalaswami Ayyangar. He argued that Kashmir, for many reasons, was not ready for the integration unlike other states. It was because the time the Article 370 was imposed, India and Pakistan had been at war over the state of Jammu & Kashmir. Dr B.R. Ambedkar was against Article 370 in Kashmir as he wanted the state to equally progress. Thus, he exchanged words with Abdullah. Thereafter, Abdullah approached Nehru who directed him to Ayyangar, the drafter of Article 370. Ayyangar then went to Sardar Patel asking him to advise something over the matter concerning Nehru's prestige. Thus, Patel got it passed when Nehru was on foreign tour. On the day this article came up for discussion. Dr. Ambedkar did not reply to questions on it though he did participate on other articles. All arguments were done by Krishna Swami Ayyangar. However, Article 1 of the Constitution of Jammu and Kashmir states that the State of Jammu and Kashmir is and shall be an integral part of the Union of India. Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions. Due to constant ceasefires, the situation was critical and abnormal in Kashmir as a part of state's territory was still in charge of enemies. The law did not discriminate between the male and female permanent residents of the state. But the females were considered the PRs only until they got married. Thereafter, they had to seek for fresh PR. In 2004, the state high court, in the case of State of J & K Vs Sheela Sawhney, declared that there was no provision in the existing law dealing with the status of a female PR who married a non-resident. The provision of women losing their PR status after marrying outside the state, therefore, did not have any legal basis. It brought relief to women marrying outside the state. Thereafter, People's Democratic Party led by Mehbooba Mufti passed a law to overturn the court judgment by introducing a Bill styled "Permanent Residents (Disqualification) Bill, 2004 which was further backed up by Omar Abdullah's political party National Conference. Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state.
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