article 370 speech

Speech on Article 370 for Students and Children

Speech on article 370.

Hello All. I am here to deliver a speech on article 370. This has been the most discussed topic in recent times. Since Independence, It gave special status to J & K. We all Indians use to subconsciously think about it, majority of us had apprehensions about it, we wanted it to be scrapped, we wanted it to get removed as it used to create discrimination between natives of J & K with rest of the Indians. Finally, it happened on 05.Aug.2019. The government of India revoked it. Now all the Indians including J & K people are equal, all are now covered under the constitution of India. All of us now have a single nationality, single flag, and common laws.

Source: en.wikipedia.org

Background of Article 370

In 1947, when India was about to get freedom and when the British were leaving India, they give the freedom to all the kings in India to live wherever they wish to. This caused the formation of hundreds of provinces internally.

By the efforts of Sardar Vallabh Bhai Patel, all those provinces agreed to unite to form a nation. But one province i.e. Jammu & Kashmir, which was ruled by the then king Hari Singh, was not ready to get united.

They did not want to get merged & wanted to maintain their identity as an independent province. Pakistan tried to acquire Kashmir forcefully by invading its forces in it in October 1947. Hari Singh asked India for help in fighting with the Pakistani army.

India did help under once condition that Kashmir needs to come with India. India did promise to give it a special status under Article 370 of the constitution of India.

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Benefits and Drawbacks of Article 370

People in Jammu and Kashmir had dual citizenship, which is the citizenship of J & K as well as India. They had a different flag. The elections were conducted every 6 years in J & K. Criticising the Indian flag was not a crime in J & K. The rules of the Supreme court of India were not applicable to J&K.

If a Kashmiri girl married any man outside J&K, she lost her J&K citizenship. And if she married any Pakistani, then that man used to get J&K citizenship. The RTI act was not applicable to J&K. No reservations for minorities were there in J&K. No one outside J&K could buy land over there. Financial emergencies were not applicable to J&K.

Kashmir never faced the problem of over crowing or overpopulation, as no one from outside can get and settle into J&K. Employment opportunities were very low in J&K, and hence a lot of youth were heading towards terrorism.

Low GDP was there and corruption was very high. After independence, China had acquired 10% of Kashmir & Pakistan had acquired 30% of Kashmir. India has only 60% of Kashmir left with it. Article 370 was implemented as a temporary provision, that’s why India could scrap it, and hence could finally unify J&K with all the states.

Revocation of article 370 will have a positive impact. It can have many benefits, both to J&K people as well as to the rest of the Indians. J&K people will now have ample career opportunities. The business opportunities will increase. J&K girls can now freely marry to anyone in India. Their GDP will increase.

Other states people can now invest in J&K. They can set up manufacturing units, hence increasing job opportunities to J&K people. Foreign investors were also eyeing on the scrapping of article 370, hence we can expect the increase in FDI in J&K. Let us all wish our India to be strongly unified & flourish.

Thank you for your precious time.

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Speech Writing /

2-Minute Speech on Article 370 for Students

Updated on
Dec 11, 2023

Speech on Article 370: Did you know people of the Indian State of Jammu and Kashmir had dual citizenship: citizenship of Jammu and Kashmir and India? In August 2019, the Indian Government issued a Presidential order to remove Article 370 from the Indian State of Jammu & Kashmir, after which the Jammu and Kashmir Reorganisation Act, 2019 was passed by the Parliament. This act converted the entire state into two different Union Territories: Jammu and Kashmir and Ladakh. This order was passed by a two-thirds majority vote in both the houses of the Indian Parliament: Lok Sabha and Rajya Sabha.

This Blog Includes:

Speech on article 370, advantages of article 370, disadvantages of article 370.

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This act revoked the special status of the Indian State of Jammu & Kashmir, which had the special status under Article 370 . There were nationwide debates on this decision, where people were challenging the government’s decision. The Government, on the other hand, proclaimed that it was necessary to maintain peace in the valley and for the complete inclusion of the entire region. For students, we have given a 2-minute speech on Article 370.

Also Read: Government of India Act 1935: Key Features, Significance and More!

‘Good morning, my teacher (s) and dear friend. Today, I stand before you to present my speech on Article 370. Our Constitution gave a special status to the Indian State of Jammu and Kashmir under Article 370. This status was given because this area has been the subject of a dispute between India and Pakistan on one side and India and China on the other.

In 1948, right after Independence, there was a territorial dispute between India and Pakistan, where the latter claimed Kashmir as its integral part. After this, on 17th October 1949, the Indian Government passed the Article 370 Act. Jammu and Kashmir’s accession happened on three matters: Defence, foreign affairs, and communications.

‘However, Kashmir became the frontline warzone, because of which there has been a series of wars between India and Pakistan – 1947, 1965, and 1971 and a war-like situation erupted in 1998 as well (Kargil war).’

‘To give a new life to the people of Jammu and Kashmir and make it a terror-free region, the Indian Government removed Article 370. In India, we have a federal structure, with three different lists; Union, State, and Concurrent Lists. In the case of Jammu and Kashmir, only the State List was applicable, and subjects under the Union and Concurrent lists were limited. It means the residual powers were not in the hands of the Union but in the hands of the State.’

When Article 370 was implemented, only two articles of the Indian Constitution applied in full to Jammu and Kashmir. Now, with the removal of Article 370, this entire region is directly governed by the central government, which has appointed a Lieutenant Governor in both regions.’

‘We are the largest democracy in the world, and it is our constitutional right to question the government’s decision. However, Article 370 is a sensitive topic and the government knows what’s best for the country and its people. Therefore, we must understand why the government removed Article 370.

Thank you.’

Also Read: Important Amendment of the Indian Constitution

What Are the Advantages and Disadvantages of Article 370?

Like any other law, Article 370 also has two different sides: advantages and disadvantages. Below we discussed some of the popular advantages and disadvantages of Article 370.

Article 370 was implemented for the complete inclusion of J&K in India.
It prompts the slogan ‘One Nation, One Constitution.’
Private investors can invest and take land on lease, which will contribute to the region’s economy and create employment opportunities.
J&K will be part of India, just like any other state or union territory.
A person living outside J&K is not allowed to buy land in the valley.
State Legislative elections in the region were conducted every 6 years.
Rules of the Central Government and the Supreme Court of India were not applied to the State.
The Right to Information (RTI) Act was not applied in J&K.
Because of this Article, the authority of the Indian Government and defense was limited.
Terrorist activities have always been one of the major problems in the state.
Non-Kashmiris were not allowed to buy land in the region.

Shiva Tyagi

With an experience of over a year, I've developed a passion for writing blogs on wide range of topics. I am mostly inspired from topics related to social and environmental fields, where you come up with a positive outcome.

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Speech on Article 370 for Students in English | 3 Minutes Speech

December 10, 2020 by Sandeep

Speech on Article 370: Article 370 of the Indian constitution offers special powers to J&K. The land in J&K is widely disputed; therefore, special provisions were created. Citizenship, fundamental rights and land property rights have exclusive representations in article 370. Non-J&K residents didn’t have any rights to buy land in the state. On August 5th, 20219, a landmark judgement was passed for the abrogation of Article 370. This led to the division of J&K into two separate states- J&K and Ladakh regions.

Speech on Article 370 in 500 Words

Below we have provided a speech on Article 370 in English, written in easy and simple words for class 7, 8, 9 and 10 school students.

A warm welcome to everyone present here. Today I am here to share my thoughts on Article 370. It is one of the most discussed topics nowadays. Article 370 acknowledges the special status of Jammu & Kashmir, which is different from the rest of the residents of Indians. It always created discrimination between the residents of Jammu & Kashmir & rest of the Indians. It came into force in 1949.

Let me throw some knowledge on the history of the same. Back in 1947 when India got independence from the Britishers, Jammu & Kashmir was a princely state which did not agree to unite with India. Hari Singh then ruled the province. But soon after independence in October 1947, Pakistan tried to attack Jammu & Kashmir to acquire it fully. Hari Singh then asked India help to fight with the Pakistan Army.

India did help under the condition that it will come along & unite with India. India promised to give it a special status under Article 370 of the constitution. Since then, Jammu & Kashmir has been the subject of the clash between India & Pakistan for the full control of the territory. India & Pakistan subsequently went into several wars, with which each came to control different parts of the territory with a ceasefire line agreed.

Now let me tell you how this special status impacted people? All the provisions which were applicable for all other states of India were not applicable for Jammu & Kashmir until & unless it has been passed in the state assembly. This was applicable for all the laws except for defence, foreign affairs, finance & communication. The people of J & K live under a different set of laws regarding citizenship, property & fundamental rights.

The residents were given dual citizenship. The election was conducted at an interval of every six years, not in five years. Many more other laws were different from the rest of the country. Now Article 370 also had drawbacks. No one from outside the state can settle there, so which resulted in deficient job creation—several other problems like corruption, slower economic growth & many more.

Article 370 was a temporary provision & on 5th August 2019 government of India revoked it. Repealing of Article 370 has given equal opportunity to the residents of Jammu & Kashmir as other citizens of India. Now all the measures can be taken to improve the economic status of Jammu & Kashmir. It is now part of India without under any special provision; it is same as all the other states. We all have the same nationality, same law & rights. We all are proud to be Indians.

Speech on Article 370

Article 370 is a hot topic that often sparks debate. It’s a part of India’s constitution that once gave special status to the region of Jammu and Kashmir.

In 2019, this provision underwent a significant change. This stirred a lot of discussions and reactions worldwide.

1-minute Speech on Article 370

Ladies and Gentlemen, today we talk about a topic that has been the center of many discussions – Article 370. This piece of law was unique to the Indian state of Jammu and Kashmir.

Article 370 was a special rule in the Indian Constitution. It gave Jammu and Kashmir its own constitution, flag, and freedom to make laws. This meant that the state had a different set of rules from the rest of India.

The purpose of Article 370 was to respect the unique culture and identity of Jammu and Kashmir. It was a bridge that connected Jammu and Kashmir with India.

But there were concerns. Some people believed that Article 370 kept Jammu and Kashmir away from the rest of India. They said it stopped the state from growing and developing like other parts of India.

In August 2019, the Indian government changed Article 370. They said this change would bring Jammu and Kashmir closer to the rest of India. They believed it would help the state to grow and develop.

Friends, Article 370 is a complex topic. It has different meanings for different people. Some see it as a symbol of special status. Others see it as a barrier to unity and growth. It’s important for us to respect all views and work towards a peaceful and prosperous future for everyone.

So, let’s learn, let’s discuss, and let’s understand. Because knowledge is the first step towards understanding and unity. Thank you.

Also check:

Essay on Article 370

2-minute Speech on Article 370

Ladies and Gentlemen,

Let’s talk about a topic that has been in the news a lot – Article 370. This is not just a number, but a part of the Indian constitution that has played a significant role in our history. It was a unique law that gave special status to the state of Jammu and Kashmir.

Now, what does ‘special status’ mean? It’s like when your parents let you have some extra privileges that your siblings don’t get. Jammu and Kashmir had some of these extra privileges. They had their own constitution, their own flag, and they could make some of their own rules.

Article 370 was not always meant to stay, though. It was a ‘temporary’ law, like a guest who was supposed to leave after some time. But this guest stayed for a very long time, for about 70 years.

In August 2019, the Indian government said it was time for this guest to leave. They removed Article 370. This meant that Jammu and Kashmir were no longer special. They were now just like all the other states in India.

This decision made some people very happy and some people very sad. Those who were happy said that this was good for India. They said that Jammu and Kashmir could now truly be a part of India, without any special rules. They also said that this could help bring peace to a place that has seen a lot of violence.

Those who were sad said that this was not fair. They said that the people of Jammu and Kashmir should have been asked before making such a big decision. They also said that this could lead to more violence, not less.

So, was it right to remove Article 370? That’s a question that doesn’t have a simple answer. It’s like asking if it’s right to take away the extra privileges that your parents gave you. Some of you might say yes, it’s only fair. Others might say no, it’s not fair.

In the end, what matters is not just the decision, but how it’s carried out. It’s important to make sure that the people of Jammu and Kashmir are treated with respect and kindness. It’s also important to make sure that their voices are heard.

Remember, laws and articles can change, but what should never change is our commitment to fairness, justice, and peace. Thank you.

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Essay on Article 370

Through this essay on Article 370, one will learn how Article 370 of the Indian Constitution gave special status to Jammu and Kashmir, which is located in the northern part of the Indian subcontinent. This state has been administered by India since 1954.

The Article is drafted in part XXI of the Constitution which is titled as "Temporary, Transitional and Special Provisions". The Article 370 essay in English will give a clear overview of what actually Article 370 is?

A Long Essay on Article 370 in English

The Constituent Assembly of Jammu and Kashmir after being established, has been given the power to recommend which Articles of the Indian Constitution can be applied in the state and also to cancel the 370 altogether. After being advised by the State Constituent Assembly of Jammu and Kashmir, a Presidential order was issued in 1954 that specified the Articles which will be applied to the state. Through this Article 370 essay, one will learn how the Constituent Assembly didn't recommend cancellation of Article 370 before it got dissolved. As a result, the Article was deemed to become a permanent feature of the Indian Constitution.

Different Laws And Rights

The Article 370 in English essay explains how Article 370 was incorporated to keep the residents of Jammu and Kashmir under a Law that is different from the rest of the Country. The different Laws include those relating to citizenship Rights, ownership of property Rights, and different fundamental Rights. Due to these separate Laws, Indians from other states were forbidden to buy any land or property in the state of Jammu and Kashmir.

While the Indian Government was planning out the Constitution of India, they requested the advice of each and every state on the number of constitutions to be incorporated. All the states agreed to have one Constitution in spite of having one for each state except the state assembly of Jammu and Kashmir. The state assembly of Jammu and Kashmir requested that only those Articles of the Constitution will be applied in the state that corresponds to the original instrument to accession and other rules will be incorporated by the state assembly after being formed. But the state assembly got dissolved, and the Article was considered as a permanent feature of the Indian Constitution. This was confirmed by various rulings of India such as the Supreme Court and High Court.

The essay on Article 370 can help one understand the four Provisions of Article 370:

The state was exempted from the complete applicability of the Constitution of India. The state has the power to form its own Constitution.

The power of the central government in this state is limited to three subjects: defense, foreign affairs, and communications.

Some central government’s constitutional power can be extended to the state only with the concurrence of the state government.

The State Government's power to give concurrence is only active until the State Constituent Assembly was convened. After the scheme of powers is dispersed by the State Constituent Assembly, no further extension of powers is possible.

As studied in the Article 370 essay, it is clear that the state of Jammu and Kashmir has a special status and can incorporate its own Constitution, no other states in the Country have these powers.

Impact On Abolition Of Article 370

With the elimination of Article 370 in 2019, people of J&K will no longer have dual citizenship and would be treated similarly to other Indian citizens. Because the citizenship clause is no longer in force, all of the additional benefits and grounds for discrimination associated with the title are effectively gone.

One of the most significant advantages was that non-J&K residents were unable to purchase land within the state. As a result, persons living in J&K have plenty of resources that they haven't put to good use in order to have a safe place to live. Women were the worst victims of this equation, as they lost their land Rights if they married someone from outside the state. Furthermore, neither she nor her children were eligible to inherit the land. A Kashmiri man, on the other hand, was free to marry any lady from any state and preserve his property Rights. A non-resident of J&K was not permitted to vote in state legislature elections or to run for office. Non-J&K residents were unable to enrol in postgraduate professional courses since state universities in Jammu and Kashmir require a Permanent Resident Certificate (PRC). Furthermore, they were not eligible for any government help or scholarships to utilize while working for the government since permanent residence is necessary, which was not attainable at the time but is today.

The state was not automatically rendered subject to any Laws passed by Parliament. As a result, disadvantaged populations in the state, such as SCs and STs, were denied the benefits that the Indian Constitution ordinarily provides. Even within the state, Rights such as the Right to education and the Right to information apply. More than that, the middle did not have the authority to declare a financial emergency within the state, but that is no longer the case; Kashmir now follows the same rules and regulations as the rest of the nation.

Short Essay on Article 370

150 words paragraph on article 370.

In this Article 370 short essay, one will gain some basic knowledge of Article 370. Article 370 was incorporated, especially for the state of Jammu and Kashmir. This Article was formed along with Article 35a. The Article vested some important powers in the hands of the State Constituent Assembly. It restricted the Central Government from interfering with the matters of Jammu and Kashmir. One can gain a lot of knowledge from this essay on Article 370.

Article 370 gave the authority to the State Constituent Assembly to incorporate its own Constitution that will give the state several different Laws. Such separate Laws include citizenship Rights, ownership of land Rights, and many others. People from other states are restricted from buying land in this state.

In this short speech on Article 370 in English, it is clear that the state of Jammu and Kashmir is an important state of India and experiences a special status among all the other states.

The 370 Article essay in English will educate a person on how the instrument of accession affected the state of Jammu and Kashmir. Clause 7 of the Instrument of Accession signed by the Maharaja Hari Singh says that the state of Jammu and Kashmir is not compelled to accept any future Articles of the Constitution of India. The state assembly has the power to incorporate its own Constitution. The state assembly will also decide how much power should be vested in the hands of the Central Government. The state of Jammu and Kashmir was experiencing a special status because of the conflict that was prevailing on the land.The Article 370 paragraph in English explains the special status of the Jammu and Kashmir experiences.

FAQs on Article 370 Essay

1. What powers are vested by Article 370?

From the knowledge we have gained from the Article 370 essay, it is clear that the State Constituent Assembly has the power to make its own rules for the state without getting interfered with by the Central Government. The state government has the power to make separate laws in terms of citizenship, ownership of land, etc.

2. In what subjects the Central Government has power over Jammu and Kashmir?

The central Government has power on a total of three subjects that are defense, foreign affairs and communication according to an essay on Article 370. In spite of these three subjects, the central government is restricted to interfere because of the special status of the state of Jammu and Kashmir. If the state government extents some powers then the centre can interfere.

3. What is the background of Article 370?

When India was about to gain independence and the British were departing, they gave all of India's rulers the Right to reside anywhere they wanted. Internally, this resulted in the development of hundreds of provinces. Sardar Vallabh Bhai Patel's efforts resulted in all of those regions agreeing to merge to establish a country. However, one province, Jammu & Kashmir, governed by the then-king Hari Singh, was unwilling to join the union. They didn't want to be combined, and they wanted to keep their identity as a separate province. In October 1947, Pakistan attempted to capture Kashmir by invading it with its army. Hari Singh requested India's assistance in combating the Pakistani troops. India assisted on the condition that Kashmir joins India. Under Article 370 of the Indian constitution, India promised to provide it with special status.

4. What are the benefits and drawbacks of Article 370?

People in Jammu and Kashmir held dual citizenship, meaning they were citizens of both Jammu and Kashmir and India. They had a different flag than we had. In J & K, elections were held every six years. In J&K, criticising the Indian flag was not a crime. The Supreme Court of India's regulations were not applicable to J&K. A Kashmiri girl loses her Kashmiri citizenship if she marries a guy from outside the state. And if she married a Pakistani, he was automatically granted citizenship in J&K. The Right to Information Act did not apply to J&K. In J&K, there were no reservations for minorities. Outside of J&K, no one could acquire land there. J&K was exempt from financial emergencies. Kashmir has never had an issue with overcrowding or overpopulation since no one from outside the state may enter and reside there. Because employment possibilities were few in J&K, many young people turned to terrorism. There was a low GDP and a high level of corruption. China had acquired 10% of Kashmir after independence, whereas Pakistan had grabbed 30% of Kashmir. Only 60% of Kashmir is still in India's possession. Article 370 was enacted as a temporary measure, which allowed India to repeal it and eventually unite J&K with the rest of the states.

5. What is the end result of Article 370?

Article 370's revocation will have a favourable influence. It has the potential to help both the people of J&K and the rest of India. People in J&K will suddenly have a plethora of job options. A number of business opportunities will arise. Girls from J&K can now marry anyone in India. Their gross domestic product will rise. People from other states can now invest in J&K. They can establish manufacturing units, resulting in more work prospects for individuals in J&K. Foreign investors were also looking forward to the repeal of Article 370, therefore we should see an increase in FDI in J&K. Let us all wish for a strong, united, and prosperous India.

Speech on Article 370 in English in simple and easy words

Table of Contents

Speech on Article 370: Article 370 is an Article in the Constitution of India which gives special status to the northern state of Jammu and Kashmir. When India gained independence, the then ruler of Kashmir, Maharaja Hari Singh was left with an option of annexing with either India or Pakistan. Hari Singh rather chose to remain independent, till the Pakistani tribes attacked J&K. Thus Maharaja Hari Singh agreed to a conditional annexation with India. These conditions are specifically mentioned in Instrument of Accession that he signed on 26th October 1947. Later when the monarchy of J& K was abolished in 1952, most of the declarations in the instrument of Accession were incorporated in the Constitution by immediate government.

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Long and Short Speech on Article 370 in English

We are providing various speech on Article 370 under different words limit in simple and easy to understand language.

Following Article 370 speech have been written covering all the vital aspects of it.

After going through the speeches you will know the meaning and features of Article 370; when was Article 370 scrapped; what are going to be its repercussions in long run, both on Kashmir and on India; was the decision to scrap the article was good or bad; what all privileges were enjoyed by the government and people of Kashmir under Article 370, etc. So, choose the one which you like the most:

Speech on Article 370 of Constitution of India – Speech 1

Good Morning everyone! Good to see you all! I am ________ from class/dept __________, here to give a speech on one of the most talked about topics in India, today – Article 370. For those who don’t know about Article 370 and its origin, I am pleased to remind that, it was Article especially enshrined in the Constitution of India for the state of Jammu and Kashmir. But, there was an exception, while all the parts of the Constitution were uniformly applicable to all the states and union territories of India; Article 370 provided a kind of immunity or special status to the state of Jammu and Kashmir.

That is, Legislative powers of centre over the state of Jammu and Kashmir were limited only on vital matters of foreign affairs, defence, communication etc. This gave the J&K Legislative Assembly draconian powers to rule over the state. However, you all must be aware that Article 370 has been abrogated with effect from 5 th August 2019, by a Presidential order. Clause (3) of Article 370 empowers the President of India to make amendments and change the scope of the Article. This very clause was used by the present NDA led government at centre in abolition of Article 370. Apart from abrogation of Article 370, the government also successfully passed the bill for reorganization of J&K and Laddakh in both the houses of Parliament.

Now, J&K is a Union Territory with Legislative Assembly and Laddakh will also be a Union Territory without Legislative Assembly. The abolition of Article 370 will, in the long run, have significant political, economical and social consequences on the state of J&K and its people. The state which has been reeling under terrorism and cross border insurgency since independence is now expected to get a new lease of life with full legislative power of the government. By and large, the decision will benefit the development of the state and expose the youths to new arenas of growth and prosperity. In my opinion the abolition of Article will start new business ventures in state, and encourage new start ups.

In the coming years sectors like education, healthcare, tourism & hospitality are going to grow at a tremendous pace, generating employment and improving economy. All in all this is a good action by the government taken in a good spirit for the benefit of the people of Jammu & Kashmir. The move got a huge support from Indian masses and political parties as well. Almost all the political parties of India, big or small, supported the move; though, there were few exceptions also. Opinion of the senior congress leadership is however divided over the issue. Scrapping of Article 370 from J&K didn’t evoke much response from the international community, as no international treaty of commitment was violated.

However, Pakistan is crying foul and terms the move as unilateral, biased and unconstitutional. Present Prime Minister of Pakistan has also indicated on taking the matter to the United Nations; though, there too, lies little hope as no international violation has been made by India. With this, I would like to end my speech on Article 370 and hope that the people of Jammu and Kashmir and Laddakh, will soon be on the path of growth and development as rest of the nation is. Thank You!!

Speech on Article 370 of Constitution of India – Speech 2

A very Good Morning to all those present here. I am ________ from __________, here to talk to you and share views on Article 370. Article 370 of the Indian Constitution provided a special status to the state of Jammu and Kashmir. J&K was allowed to have its own Constitution and rendered the Constitution of India in applicable in the state. The Article also gave the local leadership of J&K, superiority over Centre to rule the state at its own will. It also gave the government of Jammu and Kashmir, the power to decide the citizenship and its rights.

The Article 370 was instituted in the Constitution of India in 1949 as a Temporary, Transitional and Special provision. All of you must have got the news, nevertheless, it’s my duty to remind you all, that Article 370 has been scrapped by the BJP led NDA alliance at the centre. This had been possible by passing a Presidential order, abrogating Article 370 from J&K. Clause 3, of the Article 370 itself mentions that the President of the Indian Union is empowered to make necessary changes into the Article or to abolish it right away. Overall it is a good move by the government of India and I have arguments to support my opinion.

Till now Jammu and Kashmir, had its own Constitution and flag, moreover, any disrespect to Indian national flag wasn’t a crime under law. But, now with Article 370 scrapped no one would dare to burn or malign the Tricolor in any way. The Article also gave dual citizenship to the residents of J&K, that is every resident of J&K was also a resident of India; on the other hand, residents of other parts of India were not considered as residents of J&K. This divisive law of citizenship now stands abolished.

Certain clauses of the Article were also gender discriminatory. For example, if a permanent male resident of J&M marries a woman from some other part of India, then his rights over the land won’t change and both the husband and wife were natural owners of the land. On the contrary, if a woman resident of J&K Kashmir marries an outsider, then she automatically loses all of her property rights, what so ever, in the state. This biased law now stands abolished. Indian citizens were not allowed to buy property in Jammu and Kashmir, a law which made establishment of small businesses difficult and hampered the overall economical growth of the state.

But, now the state is open to small and large business houses for investment in education, healthcare, tourism, infrastructure etc, ultimately generating employment and boosting economy. The abrogation is also expected to improve India’s preparedness against terrorism and cross border infringement. It gives free hand to the Indian government like all other parts of India on vital issues of state’s concern. The move is supported hugely by Indian citizens and also politicians, across the party lines; however, some leaders seem to differ.

Among those who are condemning the act as unconstitutional and aggressive are – J&K National Conference chief, Farooq Abdullah and People Democratic Party (PDP) member, Mahbooba Mufti. Apart from facing opposition from certain political class and extremists groups, the move, by and large, enjoys tremendous support of the people of India. Neighboring Pakistan, (which had been till now misusing the special status of J&K for its own interest, to support infiltration and terrorism in India) is the only country which is voicing some opposition.

Government of Pakistan is contemplating about raising the issue with international community in the United Nations. With no response from the international community on scrapping of Article 370, mainly because it didn’t violate any international treaty, leaves Pakistan with less hope of having a desirable outcome. However difficult the decision to abolish Article 370 might have been, it was possible only by an unwavering political will and impeccable plan of action.

Let us hope that the action will bring peace in the valley which has long been suffering with terrorism and insurgency. Let us hope that new educational institutions, professional institutes, hospitals, hotels, restaurants, factories etc will be open in J&K, putting the state on the tracks of growth and prosperity and to revive its economy. Thank You!!

Understanding the Abrogation of Article 370: Origin and Impact

R. Sai Spandana | 29th Jul 2023

The Supreme Court will decide the extent of the Union’s powers to make laws for Jammu and Kashmir and abrogate Article 370.

After almost four years of repose, the Supreme Court is set to hear the challenge to the abrogation of Article 370 next week. The Court’s decision will have practical ramifications on the extent of Jammu and Kashmir’s autonomy and the Union’s powers to alter it.

Art. 370 granted ‘temporary’ special status to Jammu and Kashmir. From August 2, 2023, five senior most judges of the top Court— Chief Justice D.Y. Chandrachud , S.K. Kaul , Sanjiv Khanna , B.R. Gavai and Surya Kant will hear a batch of petitions challenging the Union’s 2019 Orders which effectively abrogated this special status given to the State.

The Origins of Jammu and Kashmir’s Unique Status

In 1947, following the India-Pakistan partition, Jammu and Kashmir, a princely state—with a Muslim majority and a Hindu ruler—that shared a long border with the two countries, witnessed high tensions with both India and Pakistan coveting it. The erstwhile ruler of the State of Jammu and Kashmir, Maharaja Hari Singh was in a dilemma . He neither wanted to join the newly democratic India nor was he inclined to side with the Muslim-majoritarian Pakistan. He wanted Kashmir to remain an independent State.

On October 24, 1947, Singh appealed to India for military protection against threats and attacks from Pakistan. In return, he would cede Jammu and Kashmir to India. The result was the signing of the ‘ Instrument of Accession ’ (IoA) by which Singh, on October 27th, 1947, acceded Jammu and Kashmir to India. However, terms and conditions applied. India would not be given complete control over the State.

As per this instrument, India’s Parliament could enact laws only on three subject matters—defence, external affairs and communications. Everything else was left to the State of Jammu and Kashmir. Further, the State was not bound by the Constitution of India (which was being drafted at that time). The IoA also stated that it could not be amended by the Indian government unless a supplement to the IoA allowed it.

Contents of Article. 370

The constituent assembly introduced Article 370 (Draft Art. 306A) to give effect to the IoA. This Article is titled ‘Temporary provisions concerning the State of Jammu and Kashmir’ . Its purpose was to enable Jammu and Kashmir to transition from an independent princely state to a democratic State of India.

In essence, this Article did three things:

It limited the power of the Indian Parliament to make laws for Jammu and Kashmir to the three subjects mentioned in the IoA—defence, external affairs and communications.
It stated that except for Article 1 , the Constitution of India did not apply to Jammu and Kashmir. Article 1 states that India is a Union of States.
It stated that this Article could only be amended by the President with the consent of the Constituent Assembly of Jammu and Kashmir. Even though Jammu and Kashmir’s Constituent Assembly would cease to exist once the State’s Constitution came into being, the power to amend Article 370 was given only to the Constituent Assembly and not to its legislative assembly. Therefore, arguably , this Constituent Assembly was meant to decide the fate of Article 370 once and for all.

The Establishment and Dissolution of Jammu and Kashmir’s Constituent Assembly

On October 31, 1951, Jammu and Kashmir’s Constituent Assembly was established . In 1956, this Assembly created the Constitution for Jammu and Kashmir which declared that ‘Jammu and Kashmir is and shall be an integral part of the Union of India’.

This Assembly abolished the Maharaja system and established an Officer named ‘ Sadar-i-Riyasat’ as Head of the State. It said nothing about the abrogation or modification of Article 370.

After drafting the State’s Constitution, the Constituent Assembly was permanently dissolved on January 26, 1957. In theory, this meant that the President of India could no longer modify or repeal Article 370 unless a new Constituent Assembly was created. How then did the Union government abrogate this Article in 2019?

The Abrogation Process

The election manifesto of the ruling Bharatiya Janata Party (BJP) for the 2009 , 2014 and 2019 General Elections affirmed its intention to abrogate Article 370. After winning the election, the BJP government dissolved Article 370 with two Presidential Orders— CO 272 and CO 273 on August 5 and August 6, 2019, respectively.

The first Order issued on August 5, 2019, amended Article 367 which dealt with the interpretation of the Constitution. The Order stated that the phrase ‘Constituent Assembly’ under Article 370 shall be read as ‘Legislative Assembly’ of the State.

At the time, Jammu and Kashmir was under President’s Rule, by which its Legislative Assembly and Governor were replaced with the Union Parliament and the President. Therefore, the ‘Legislative Assembly’ of the State was the Union Parliament. In other words, the President could modify or abrogate Article 370 at the request of the BJP-led Parliament.

Immediately after this Order, a Statutory Resolution was passed by both Houses of Parliament recommending that Article 370 be dissolved.

The next day, on August 6, 2023, the President issued the second Order which held that Article 370 ceased to operate and that Jammu and Kashmir was a part of the Union of India.

Reorganisation of the State

Following the abrogation of Article 370, on August 9, 2019, Parliament passed the Jammu and Kashmir Reorganisation Act , 2019. This Act bifurcated the State into two Union Territories —Jammu and Kashmir and Ladakh. The former had a legislative Assembly and the latter did not.

Practical Implications: No More Special Status

The abrogation removes the special status granted to Jammu and Kashmir by the Constitution. This means that the Indian Parliament’s power to make laws for the newly formed Union Territories is no longer restricted to three subjects. The Constitution and other territorial laws of India apply to these two territories as they would to any other State and Union Territory in the Country. The Constitution of Jammu and Kashmir is redundant and the region no longer has a separate flag.

Further, the exclusive benefits granted to ‘ permanent citizens ’ of Jammu and Kashmir to own and acquire property within the region stands dissolved.

Reactions and Responses

The constitutional status of an area plagued with decades of unrest changed overnight.

Former Jammu and Kashmir Chief Minister Mehbooba Mufti said that the decision to abrogate Article 370 was a ‘ sinister one’ taken to alter the demographics of a Muslim-majoritarian State. She said the abrogation removed the autonomy granted to the State in 1947.

Senior Congress Party member P. Chidambaram criticised the move stating that a State had never been reduced to a Union Territory before. Earlier in 2023, Congress leader Jairam Ramesh said his party is demanding the restoration of Jammu and Kashmir’s statehood.

Internationally, Pakistan and China opposed the abrogation stating India had breached their territorial sovereignty. The BJP government maintained that this issue concerned only India and no international borders were breached.

The Challenge at the Supreme Court

Immediately after the abrogation, several individuals and organisations around the Country moved the Supreme Court challenging its constitutionality. Their arguments are two-fold.

First, the abrogation breached the constitutional special status granted to Jammu and Kashmir. By modifying the meaning of ‘constituent assembly’ to abrogate the Article, the Union indirectly did what it directly could not.

Second, they argue that the reorganisation of the State is a violation of Article 3 of the Constitution. Article 3 of the Constitution does not give the Parliament powers to downgrade federal democratic States into a less representative form such as a Union Territory.

Initially a 3-Judge Bench led by former CJI Rajan Gogoi referred the case to a 5-Judge Constitution Bench in . From October 1, 2019, Justice N.V. Ramana’s 5-Judge Bench heard arguments that the case must be referred to a larger bench. Ultimately, the Bench refused the plea for reference. This was in March 2020. The case saw no further movement till 2023.

On July 11, 2023, the Supreme Court scheduled to hear the batch of petitions challenging the abrogation on August 2nd, 2023.

Why Does this Matter?

The implications of the top Court’s decision in the case will be complex. The Court will decide if the Union’s abrogation of Article 370 and the way it was effectuated (by altering Article 367 of the Constitution through a Presidential Order) is valid.

By this, the Court will clarify the extent of powers of the President and Parliament to make laws for Jammu and Kashmir and also state what the proper way to do so is. The Court’s decision will influence the nature of Union-State relations, the contours of Article 3, and the limits of federalism.

If the abrogation is found to be unconstitutional, will the Supreme Court reverse the reorganisation of the State? Can it reinstate Jammu and Kashmir’s constitutionally granted special status? In any case, the Court will have to consider the ground impact of the four years that it has taken for the top Court to hear the case. The Court’s decision will have far-reaching implications on all political, legal and regional developments that have occurred in the State these few years. It will also have a ripple effect on the geo-political relations in the subcontinent.

Article 370 of the Constitution: A Timeline

SCO tracks the evolution of Article 370 from 1947.

Supreme Court to Hear Challenges to the Abrogation of Article 370 after 4-year Delay

As the Supreme Court answers large constitutional questions, the will of the people of Jammu and Kashmir hangs in the balance.

Gauri Kashyap

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Sheikh Abdullah, Ayyangar, Sardar Patel: How Article 370 was negotiated, debated

In november 1963, in a debate in parliament, when hari vishnu kamath argued that kashmir was “not fully” integrated, nehru asserted that it was, indeed, “fully integrated” with india..

In July 1949, Sheikh Abdullah and three others were nominated by the ruler of Jammu & Kashmir to the Constituent Assembly in Delhi. They negotiated the special status of J&K, leading to the adoption of Article 370. (It was Article 306A while being debated in the Constituent Assembly.) The negotiations were carried out over several months between N Gopalaswami Ayyangar (cabinet minister without portfolio and former Dewan of Kashmir) and Sheikh Abdullah and others.

The first meetings were held during May 15-16, 1949 at Sardar Vallabhbhai Patel’s residence with PM Jawaharlal Nehru present. When Ayyangar prepared a draft letter from Nehru to Abdullah summarising the broad understanding reached, he sent it to Patel with a note: “Will you kindly let Jawaharlalji know direct as to your approval of it? He will issue the letter to Sheikh Abdullah only after receiving your approval.”

EXPRESS EDIT/OPINION | Edit: Rupture in history, stitching a future | PB Mehta writes: Blood and betrayal | Ram Madhav writes: Correcting a historic blunder | Manish Sabharwal writes: For Naya Kashmir | Imad Ul Riyaz writes: We are just at the beginning | C. Raja Mohan writes: Possibilities in the Northwest

Ayyangar, who eventually drafted Article 370, spoke in the Constituent Assembly on October 17, 1949: “We have also agreed that the will of the people, through the instrument of the Constituent Assembly, will determine the Constitution of the State as well as the sphere of the Union’s jurisdiction of the state… You will remember that several of these clauses provide for the concurrence of the Jammu & Kashmir state. Now these relate particularly to the matters not mentioned in the Instrument of Accession and it is one of our commitments to the people and the Government of Kashmir that no such additions should be made except with the consent of the Constituent Assembly which may be called in the state for framing its Constitution.”

Later, Abdullah insisted that the Article should not extend the Fundamental Rights and Directive Principles to Jammu and Kashmir, but leave it to the state’s Constituent Assembly to decide whether or not to adopt them. Patel was unhappy but allowed Ayyangar to proceed. Nehru was abroad then; Patel wrote to him on November 3, 1949: “After a great deal of discussion, I could persuade the [Congress] party to accept”. When Sheikh Abdullah threatened to resign from the Constituent Assembly, Patel asked Nehru to get him back on board.

Explained | What has changed in Jammu and Kashmir

In November 1963, in a debate in Parliament, when Hari Vishnu Kamath argued that Kashmir was “not fully” integrated, Nehru asserted that it was, indeed, “fully integrated” with India. He said: “The House will remember that we have some such restrictions with respect to NEFA and other places; outsiders cannot buy land. This is also in some other districts, the hill districts of Assam. This is to protect them.”

EXPLAINED | Syama Prasad Mookerjee and the BJP’s ‘emotional connect’ with Kashmir

Former MP Karan Singh, son of Maharaja Hari Singh, wrote in An Examined Life: “The right wing seems to resent that J&K carries a special status. That has always surprised me. We are a great country, we should be large-hearted. J&K came to India under complex and difficult circumstances. Now after all these years to ask why it holds a special position is baffling. It will always be special because it was born out of a special historical event and subsequent political developments. In England they have all sorts of governing systems…,we should feel so lucky that J&K, a Muslim-majority state became a part of India despite the religion-led Partition. Cherish that; relish that; honour that.”

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India Revokes Kashmir’s Special Status, Raising Fears of Unrest

By Jeffrey Gettleman , Suhasini Raj , Kai Schultz and Hari Kumar

Aug. 5, 2019

NEW DELHI — India’s Hindu nationalist government on Monday unilaterally wiped out the autonomy of the restive Kashmir region, sending in thousands of army troops to quell any possible unrest the move would bring in a disputed territory fought over by India and Pakistan.

Government authorities severed internet connections, mobile phone lines and even land lines, casting Kashmir into an information black hole that made it very difficult to discern what was unfolding.

For years, India’s Hindu nationalists have wanted to curtail the special freedoms enjoyed by Kashmir, a mountainous, predominantly Muslim territory that has turned into a tinderbox between India and Pakistan , both of which wield nuclear arms.

On Monday, Amit Shah, India’s home minister, announced in a quick speech, which belied years of steady plotting, that the central government was removing the special, somewhat autonomous status that served as the foundation for Kashmir joining India more than 70 years ago.

[See some of the first images that have emerged from Kashmir since India instituted a communications blockade.]

While international human rights groups swiftly condemned the action, Hindu nationalists celebrated, saying this could bring peace and investment to the war-torn region.

GILGIT–

by Pakistan

JAMMU AND KASHMIR

But the voice of the Kashmiris was silenced, as government authorities cut off practically all communication from the area.

Several top Kashmiri politicians were taken into custody. Mehbooba Mufti, a former chief minister of Kashmir, managed to get out a message shortly before she was arrested on Monday night.

“The Fifth of August is the blackest day of Indian democracy when its Parliament, like thieves, snatched away everything from the people of Jammu and Kashmir,” she said.

Her daughter, Iltija Javed, who succeeded in transmitting a message to The New York Times on Monday night, summed up the desperation of many Kashmiris.

“We feel there is an atmosphere of death looming over us,” she said. “We don’t know what to expect. We are not allowed to get out of our houses. Telecommunications are all down. For the first time in 30 years they snapped landline connections as well. So there is no way even ordinary Kashmiris here can like communicate with each other, and know what exactly is going on. Everybody is in a state of absolute shock and panic.”

The Indian consul general in New York said in a statement that the action to revoke Kashmir’s autonomy, which was granted under Article 370 of India’s Constitution, was “purely administrative” and was intended to “improve good governance and deliver socio-economic justice to the disadvantaged sections of the people in the State.”

What Is Article 370, and Why Does It Matter in Kashmir?

A simple guide to the roots of the conflict and what could happen next.

The consul general added that restrictions related to Article 370 “seriously discouraged” investment in the region, limited economic opportunities and hurt younger generations.

India’s government had been carefully preparing for this action, which instantly raised tensions across the border in Pakistan. For the past two weeks, tens of thousands of extra troops had been deployed across Kashmir, and many Kashmiris had been expecting something big.

Still, many people were stunned that the government actually made the decision. It was widely seen as another bold, muscular move by the administration of Narendra Modi, India’s forceful prime minister, to consolidate power.

Many Indians believe Kashmir is a legitimate part of India, and several other political parties, including progressive ones, lined up behind the government.

With an overwhelming majority, the upper house of Parliament passed a related bill Monday evening that split the state of Jammu and Kashmir, which includes the Kashmir Valley and the Ladakh area, into two federal territories: Jammu and Kashmir, which will have a state legislature, and Ladakh, a remote, high-altitude area, which will be ruled directly from New Delhi.

If this clears the lower House, which is expected in the coming days, Kashmir loses the special status it has enjoyed since 1947 when it chose to join India.

Officials in Pakistan were contacting allies around the world to try and oppose the action, but many analysts said Pakistan has little credibility on the issue. Pakistan has a long history of covertly supporting militant groups in Kashmir, despite pressure from allies to stop.

Human rights activists said that the moves to change Kashmir’s status were only the first steps in a broader plan to erode Kashmir’s core rights and seed the area with non-Kashmiris, altering the demographics and eventually destroying its character. Previous laws barred outsiders from owning property.

Several legal scholars said they believed the government did not have the legal authority to change Article 370. The issue, they said, was headed for a showdown in India’s Supreme Court.

“The whole bill is not only unconstitutional, it’s a fraud,” said A. G. Noorani, a constitutional lawyer.

But India’s ruling Bharatiya Janata Party, commonly referred to as the B.J.P., may be difficult to stop. Mr. Modi, the most domineering leader India has produced in decades, just won a resounding election victory in May, in part on the promise of revoking Article 370.

Wiping away Kashmir’s special status has been a dream of many B.J.P. supporters who have spoken of a Greater Hindustan, a Hindu-dominated land that scoops up Pakistan, Bangladesh and other parts of South Asia. India is about 80 percent Hindu.

The B.J.P.’s leaders have cast the Kashmir issue as a nationalist cause and have raised fears of Pakistani infiltrations and terrorist attacks in the region.

“The application of Article 370 to foster vested interests have created a climate of separatism,” the consul general said in the statement, adding that the “defense of the security and stability” of the region “has cost more than 40,000 lives and been a major drain on resources.”

Kashmir has been racked by bloodshed for years. Many Kashmiris don’t want to be part of India and a small but stubborn insurgency has been fighting Indian forces. Countless Hindus across India feel solidarity with Kashmiri Hindus, a minority in that area, who had been driven out over the years during the conflict.

Officials in Mr. Modi’s party believe it is time to try something different. They say that if non-Kashmiris are allowed to own land in Kashmir, more investment and development will follow, increasing the chances for peace and national unity.

“Imposed divisions between Indians and Kashmiris have been done away with,” said Rakesh Sinha, a B.J.P. lawmaker. “The slogan of ‘One Nation, One People’ is now a reality for Indians.”

Some analysts say the timing is suspicious. In recent weeks, Mr. Modi’s government has come under increasing criticism over a weakening economy, with joblessness rising. A sense of malaise is beginning to seep through just about all sectors of the economy.

Analysts say that Mr. Modi and Mr. Shah, widely considered the Indian leader’s right-hand man, were desperate to shore up their base and shift the conversation.

“This is exactly what national populists do all over the world,” said Christophe Jaffrelot, a research fellow at CERI-Sciences Po/CNRS in Paris. “Clearly, India is entering a zone of economic turbulence. So this is the right time to return to the nationalistic agenda.”

In Kashmir, a sense of doom had been settling in. As federal forces poured into the valley in recent weeks, many Kashmiris grew to believe that Mr. Modi’s government was preparing to take significant action. Jammu and Kashmir, with a population of about 13 million, is India’s only Muslim majority state.

Economic and political frustration permeates the Kashmir Valley. The young have struggled to find work as political turmoil has hampered development, and many people feel they don’t have a voice. Last year, amid political turmoil, the regional Parliament was dissolved and the state fell under federal rule.

Kashmir never fit neatly into the bigger India picture. When India and Pakistan won independence from Britain in 1947, Kashmir originally opted to remain a small independent state.

Soon after independence, though, militants from Pakistan invaded the territory, leading it to seek protection from India. Kashmir agreed to become part of India, but only under the autonomy enshrined in Article 370. That article was like a contract, guaranteeing that Kashmir would be different from other Indian states and have a say on what kind of federal laws could be imposed on it.

These protections lead to special property rights for Kashmiris that blocked non-Kashmiris from owning land.

India and Pakistan then fought several wars over the area. And today most of Kashmir is administered by India, with a smaller slice controlled by Pakistan.

Many of the original provisions of the Kashmir-India partnership, like Kashmir having its own prime minister, have already been done away with.

Long-simmering tensions with Pakistan reached a breaking point in February , when a Kashmiri militant rammed a vehicle filled with explosives into a convoy of Indian paramilitary forces traveling on a highway, killing at least 40 soldiers. A banned terrorist group, Jaish-e-Muhammad, which is based in Pakistan, claimed responsibility.

It was the deadliest attack in the region in three decades, and set off a tense military standoff between India and Pakistan that culminated in a dogfight between Indian and Pakistani warplanes . Pakistan shot down and captured an Indian pilot, whose return helped calm the tensions.

President Trump recently met Prime Minister Imran Khan of Pakistan in Washington and offered to mediate on Kashmir, but India rejected that, saying Kashmir was a domestic, not an international, issue.

In a written statement on Monday, the State Department said it was following developments closely and that it was concerned about reports of detention in Kashmir. It urged all parties to maintain peace along the dividing line between India- and Pakistan-controlled territory.

On Monday night, Kashmir seemed quiet. According to a few people who spoke to their relatives in the state government (some officials were given satellite phones), most streets were deserted. Soldiers were everywhere. Many people were scared to leave their homes.

Salman Masood contributed reporting from Lahore, Pakistan; Ayesha Venkataraman and Vindu Goel contributed from Mumbai, India.

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Can constituent assembly Article 370 speech be binding: SC

The supreme court expressed doubts that the constituent assembly debates or a speech by a member could represent a commitment to jammu & kashmir's special status..

The Supreme Court on Tuesday expressed doubts that the Constituent assembly debates or a speech by one of its “weighty” members could represent a “commitment by the Dominion of India to the state of Jammu & Kashmir” regarding perpetuity of the latter’s special status under Article 370, observing that such an inference would be difficult to be accepted as a legal principle.

“Can we say that a speech made by an individual member of the Constituent Assembly, howsoever weighty, represents a binding commitment of the Dominion of India to the state of Jammu and Kashmir? This will have implications in interpreting the constitutional provisions...it is difficult to accept,” a Constitution bench, led by Chief Justice of India Dhananjaya Y Chandrachud said.

The bench, which also comprised justices Sanjay Kishan Kaul, Sanjiv Khanna, Bhushan R Gavai and Surya Kant, is hearing a clutch of petitions challenging the 2019 abrogation of Article 370 that granted J&K special status, and the bifurcation of the erstwhile state into two Union territories.

On the eighth day of the arguments in the matter, senior counsel Dinesh Dwivedi, representing one of the applicants, argued that Article 370 ceased to exist, became inoperative and academic once the “permanent determination” was made by the J&K constituent assembly that the erstwhile state will have its own Constitution.

“President could not exercise power to extend Constitution of India to J&K indefinitely. It had to stop once the Constituent assembly of J&K dispersed after enacting the J&K Constitution and deciding finally what was to be ceded to the Union of India and Parliament. Article 370 was not a repeated and a perennial source of power,” he said.

Dwivedi read from the speech of Constituent assembly member Gopalaswami Ayyangar, who said the Government of India committed itself to the people of Kashmir that an opportunity would be given to the people of the state to decide for themselves the Constitution of the state, as well as the sphere of Union jurisdiction over the state.

The bench, however, asked the senior lawyer if Ayyangar’s speech could form a constitutional or legal basis of buttressing the point that the special status of J&K could never have been annulled.

“What you are asking us to read into it is something that’s not actually there. We cannot read a portion of a debate without taking into account the context... in a debate there are statements and replies to questions,” it said.

The bench added: “Once you become a part of the nation, it’s the entire nation you are a part of.” Responding, Dwivedi said that such a proposition on one nation one Constitution is problematic because there is no proscription against J&K having a separate Constitution.

To this, the bench said that the net result of Dwivedi’s argument would be that the Constitution of India, in its application to J&K, would stand frozen as of January 1957 when the J&K Constituent Assembly decided to have a separate Constitution.

“Therefore, no further development in Indian Constitution can at all apply to J&K, according to you. How can that be accepted? If Article 370 ceased to operate but Article 1 (defining India as a Union of states) continues to operate, J&K is an integral part of India. Surely, the jurisdiction of every democratically elected institution cannot be excluded...There has to be then a provision in Indian constitution which excludes its application to J&K,” it added.

The bench further told Dwivedi that if his argument on the redundancy of Article 370 after January 1957 is accepted, there would be no restraint on the power of Parliament since it is only through the impugned constitutional provision that the opinion and approval of the J&K assembly was required to apply the provisions of the Indian Constitution to the Valley state. “Unless we accept that Article 370 existed till 2019, there would be no trammel on the jurisdiction of Parliament,” it further observed.

The bench will continue hearing the case on Wednesday when the Union government is expected to open its arguments in the matter.

A raft of petitions, filed by parliamentarians from the National Conference party, Kashmiri citizens, former bureaucrats and various organisations laid the challenge to the abrogation of Article 370 soon after the presidential order in August 2019.

While some petitioners brought up the requirement of consent from the Constituent Assembly for the abrogation of Article 370, others questioned the validity of President’s Rule that was in effect when the abrogation was done. A few of these pleas went back to the Instrument of Accession, while some highlighted the Supreme Court’s ruling of 2018 that observed that Article 370 had gained a status of permanence. Many of these pleas also challenged the Jammu & Kashmir State Reorganisation Act, by which the state was bifurcated into two Union territories with effect from October 30, 2019.

On August 28, 2019, the Supreme Court issued notices on the pleas despite resistance from the central government, which argued that Article 370 had international and cross-border implications.

On July 3, the Supreme Court notified the setting up of a new Constitution bench, comprising its five seniormost judges. A week later, the new bench said that day-to-day hearing in the case would begin from August 2.

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Amit Shah Slams Mallikarjun Kharge says, 'Country Is Suffering Because Of Congress' | ABP News

A t the Congress rally in Jaipur, party president Mallikarjun Kharge raised questions on the PM regarding Kashmir. Kharge asked why the PM is mentioning Article 370 in the rallies in Rajasthan. However, in his speech, Kharge used 371 instead of 370. Said. Regarding this also BJP is attacking Kharge.

Speech on Article 370 of Constitution of India

Article 370 is an Article in the Constitution of India which gives special status to the northern state of Jammu and Kashmir. When India gained independence, the then ruler of Kashmir, Maharaja Hari Singh was left with an option of annexing with either India or Pakistan. Hari Singh rather chose to remain independent, till the Pakistani tribes attacked J&K. Thus Maharaja Hari Singh agreed to a conditional annexation with India. These conditions are specifically mentioned in Instrument of Accession that he signed on 26th October 1947. Later when the monarchy of J& K was abolished in 1952, most of the declarations in the instrument of Accession were incorporated in the Constitution by immediate government.

Long and Short Speech on Article 370 in English

We are providing various speech on Article 370 under different words limit in simple and easy to understand language.

Following Article 370 speech have been written covering all the vital aspects of it.

Speech on Article 370 of Constitution of India – Speech 1

Speech on Article 370 of Constitution of India – Speech 2

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'This reflects the mindset of the 'tukde-tukde gang': PM Modi on Kharge's Kashmir remark

Pm modi condemned kharge's remarks, stating that they mirrored the mindset of individuals seeking to divide the nation..

Updated Apr 07, 2024, 2:05 PM IST

Prime Minister Narendra Modi on Sunday criticised Congress president Mallikarjun Kharge for questioning the 'relevance' of Jammu and Kashmir during a rally in Rajasthan. Modi condemned Kharge's remarks, stating that they mirrored the mindset of individuals seeking to divide the nation.

Kharge, addressing a rally in Rajasthan, referred to PM Modi's recent speech and mistakenly mentioned the scrapping of Article 370 as 'Article 371'. He mentioned that this issue pertained to Jammu and Kashmir, not Rajasthan.

During a rally in Bihar's Nawada, PM Modi expressed feeling "ashamed" upon hearing Mallikarjun Kharge's remarks.

"Modi gave a guarantee to scrap Article 370 in Kashmir. What was the result? We did it. They (INDIA bloc) talk about (saving) Babasaheb Ambedkar's Constitution, but you did not implement it in Jammu and Kashmir," he said.

"You sang in the tunes about the Constitution. But, this Modi took Babasaheb Ambedkar's Constitution to Jammu and Kashmir after so many years," he added.

The Prime Minister quoted Mallikarjun Kharge's remarks about Jammu and Kashmir and Article 370 in his speech, emphasizing that young people from Bihar and Rajasthan had gone to Jammu and Kashmir to protect it, making the ultimate sacrifice.

"I felt ashamed listening to it. Congress should listen to me. The youths of Rajasthan and Bihar gave their supreme sacrifice while protecting Jammu and Kashmir. And you are saying 'Kashmir se kya lena dena' (what is the relevance of Kashmir). This reflects the mindset of the 'tukde-tukde gang'," he said.

"Should we apologise to these people for using such language? Should we entertain disrespect of those who sacrificed their lives?" PM Modi further added.

Continuing his criticism of the Congress party, the Prime Minister accused their recently released manifesto of promoting "politics of appeasement," suggesting it resembled something from the Muslim League.

"The Congress recently came out with a manifesto that appears as if it was the manifesto of the League. It smacks of appeasement (tushtikaran)," he said.

The Prime Minister further claimed that leaders from the INDIA bloc who attended the temple consecration event were expelled from their parties. He accused these parties of speaking against Sanatana Dharma and promoting the idea of making South India a separate country.

"I wonder why the INDIA bloc is so hostile towards popular sentiments. They did not turn up for the 'pran pratishtha' in Ayodhya even though the Ram Temple was constructed through public donations, and not with government money. Ram Navami is approaching. Do not forget their sins," he further said.

The Prime Minister asserted that the Opposition was afraid of him and therefore sought a "ban" on 'Modi ki guarantees'.

"The opposition parties are so scared of Modi ki guarantee that they want me to be banned from making such promises to the people... Modi is not someone who will rest on his laurels. He is born to work hard," he further said.

'Italian culture': Amit Shah's dig at Mallikarjun Kharge over 'Article 370' remark

The BJP hit out at Congress president Mallikarjun Kharge on Saturday over his swipe at the ruling party for raising the issue of removal of Article 370 of the Constitution in Rajasthan. Union Home Minister Amit Shah said that the opposition party's "Italian culture" is to be blamed for it not understanding the very idea of India.

Shah and other Bharatiya Janata Party (BJP) leaders, including its president JP Nadda, shared a short clip of Kharge's speech on X, in which he is heard targeting the ruling party for talking about removal of Article 370 in Rajasthan.

"Are bhai, yahan ke logon se kya wasta hai (what has it got to do with the people here)?" Kharge is heard asking in the clip. The Congress chief also incorrectly referred to Article 371 instead of Article 370, which had granted special rights to Jammu and Kashmir and was annulled by the BJP-led Centre in August 2019.

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Amit Shah criticised Congress over Mallikarjun Kharge's comment. (Photo: PTI)

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Speech On Article 370 | Article 370 Speech for Students and Children in English

Speech On Article 370: Indian Constitution’s Article 370 involves giving special status to Jammu and Kashmir (a region located in the northern part of the country), which was administered by India from 1954 and was the reason of dispute between India, Pakistan and China for a long time.

Article 370 along with Article 35A provided special treatment to the residents of the state of J&K, under a separate set of laws including those for citizenship, fundamental rights, ownership of property etc. under this Article Indians from any other state could not purchase land or own any property in Kashmir.

However, on August 5th 2019, the Government announced the abrogation of Article 370 along with 35A. This meant that the state was now divided into two territories of J&K (with a legislature) and Ladakh (without any legislature).

Students can also find more English Speech Writing about Welcome Speeches, Farewell Speeches, etc

Long And Short Speeches On Article 370 for Kids And Students in English

We are providing a long speech for students and children on the Speech on Article 370 with about 500 words and another short speech with 150 words approximately on the same topic.

These speeches can help anyone who is looking forward to presenting a speech on the topic, as mentioned above, be it students, teachers, or any other research person.

Furthermore, we have also included ten Lines on the topic and some FAQs to make the content clearer to our readers.

A Long Speech On Article 370 is helpful to students of classes 7, 8, 9, 10, 11 and 12. A Short Speech On Article 370 is helpful to students of classes 1, 2, 3, 4, 5 and 6.

Long Speech On Article 370 500 Words In English

A very good morning/ afternoon/ evening to one and all present here.

Today we have all gathered here to discuss an important topic which has been talked over by many in the recent past, due to the changes brought up by the Government. I will be talking about Article 370, its implications and the situation in our country after its abrogation on August 5th, 2019 by the BJP Government.

It implies that the special status so far given to the state of J&K has been abolished and all Indians are equal, under the same nationality and common laws.

Before speaking any further, I would like to give a brief background of the Article.

In 1947 when the British were leaving India, they gave freedom to all kings to live wherever they wished to. However, with the efforts of VallabhBhai Patel, the unification was successful excepting the province of J&K.

It did not want to get merged and wanted to maintain their independent status. When Pakistan wanted to acquire Kashmir forcefully in 1947, Hari Singh the then ruler of Kashmir sought India’s help for fighting the Pakistani Army. Kashmir then became a part of India; however, special status was given to them under Article 370 and 35A for maintaining their separate status.

Under the Article, the people of J&K had dual citizenship of J&K as well as India’s. They had their separate Flag and elections were held after every six years. Criticising the Indian Flag was not an offence in the state, and the rules of the Supreme Court were not applicable.

The RTI act was not applicable in the state along with any other reservations of a minority. If a Kashmiri girl married any non-resident of Kashmir, then she would lose her citizenship; however, if married to a Pakistani, the man would also get a Kashmiri citizenship. Thus, the Article provided and secured some very important privileges of the state.

Thus, there has been a huge criticism of the abrogation of the Article by a large section of the population. Mass protests have been organised in the country; in fact, the Government has been criticised on an international level for its decision regarding the state. It is considered as a breach of human rights.

Many leaders of the state were under house arrests, telephone and internet services had been revoked, the state was under curfew for several days the situation is still the same with few changes in the recent past. For almost more than four months, Kashmir was fully cut off from the rest of the world.

In conclusion, I would like to say that revocation has had a lot of positive as well as negative results. It did have benefits for the minorities and women of the state, along with more career opportunities to the youth.

However, the picture post revocation was very grim and disheartening due to the way it took place, and the stringent actions taken by the Government worsened the situation.

I would like to thank each of you present here today and lending us with your precious time.

Short Speech On Article 370 150 Words In English

Good morning to everyone present here, today I will be speaking on the topic of Article 370.

Article 370 along with Article 35A which provided special status to the northern state of Jammu and Kashmir, was revoked by the Indian Government on August 5th 2019. This major step was taken suddenly and came as a shock to the entire country.

The two states of J&K and Ladakh were recognised as Union Territories from thereon along with the special status of Kashmir overtaken.

This sudden change was not taken well by the people of J&K along with the rest of a large population as it posed a threat to human rights. Several mass protests were arranged in the country against the abrogation, and the state almost suffered a lockdown for more than a year now.

The status of Jammu and Kashmir has been reduced to that of any other union territories of India, where all the rules of the Central Government were now applicable.

10 Lines On Article 370 Speech In English

Article 370 of the Indian Constitution was formed on October 17th, 1949.
It empowered the state of Jammu and Kashmir to form its Constitution other than the Indian Constitution.
Under the Article, dual citizenship was available to the residents.
A tenure of 6 years was provided to the state government.
Disrespecting any national symbol was not a crime under the Article.
RTI, RTE and CAG laws were not applicable under the Article.
Kashmir did not have a Panchayat system under the Article.
It also didn’t give a 16% reservation for the Kashmiri Hindus and Sikhs.
The Article worked along with Article 35A.
Article 370 was revoked in August 2019.

FAQs On Article 370 Speech

Question 1. Who prepared Article 370?

Answer: The chief drafter of the article in 1949 was Ayyangar which granted local autonomy to Kashmir. It was adopted on 17 th November 1956.

Question 2. Has Article 370 been removed?

Answer: The Article was rendered as “inoperative” in 2018; however, it is still a part of the Indian Constitution.

Question 3. How many states are there in India after the revocation of article 370?

Answer: After August 5th, 2019, there are 28 states and 8 union territories in India, as after the revocation of Article 370 Kashmir and Ladakh were considered as two Union Territories.

Question 4. Who had earlier framed the Constitution of J&K?

Answer: Dr. Karan Singh had signed the law regarding the Constitution of the state along with the special status given to it by Article 370.

Kharge's 'slip of tongue': Congress reacts to Amit Shah slamming Kharge on 'Article 371' remark

Shah had mocked Kharge for mistakenly saying 'Article 371' instead of 'Article 370'

The Congress has hit back at Home Minister Amit Shah for targetting its chief Mallikarjun Kharge after the latter mistakenly said 'Article 371' instead of 'Article 370' during a speech on Kashmir.

Party general secretary Jairam Ramesh said Kharge's "slip of the tongue" during his speech in Jaipur only exposed Prime Minister Narendra Modi's game plan.

The incident happened on Saturday when Kharge, during an election rally in Jaipur, slammed Modi for claiming "credit for abolishing Article 371 in Kashmir." He was remarking on Modi's speech on the issue when he made the incorrect mention.

The BJP immediately pounced on the remark with Shah and party chief J P Nadda sharing the clip of Kharge's speech on X. Shah called out Kharge for his "horrendous mistake".

"I would like to remind the Congress party that J&K is an integral part of India, and every state and citizen has the right over J&K, just as the people of J&K have the right over the rest of India."

"It is mostly the Italian culture of the Congress party that is to blame for not understanding the very idea of India. Such statements hurt every patriotic citizen who cares for the unity and integrity of the nation," Shah said.

He further added: "…And for the kind information of the Congress, it was not Article 371, but Article 370, that was abrogated by the Modi government. However, it is only expected of Congress to make such horrendous mistakes. Such blunders made by it have haunted our nation for decades now," Shah said.

It is shameful to hear that the Congress party is asking, "Kashmir se kya waasta hai?" I would like to remind the Congress party that J&K is an integral part of India, and every state and citizen has the right over J&K, just as the people of J&K have the right over the rest of… pic.twitter.com/cFeO80XBxl — Amit Shah (Modi Ka Parivar) (@AmitShah) April 6, 2024

Congress reacted to Shah's dig, stating Kharge's slip of the tongue only exposed the Modi government’s game plan to change Article 371 of the Constitution.

"Amit Shah immediately pounced on the Congress President. But the truth is that Modi does indeed want to change Article 371-A relating to Nagaland, Article 371-B relating to Assam, Article 371-C relating to Manipur, Article 371-F relating to Sikkim, Article 371-G relating to Mizoram, and Article 371-H relating to Arunachal Pradesh," Ramesh said.

He continued, "Amit Shah got all excited and agitated because Khargeji inadvertently exposed the Modi-Shah gameplan on Article 371; now that they have gotten Article 370 out of the way."

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COMMENTS

Speech on Article 370 for Students and Children
Speech on Article 370. Hello All. I am here to deliver a speech on article 370. This has been the most discussed topic in recent times. Since Independence, It gave special status to J & K. We all Indians use to subconsciously think about it, majority of us had apprehensions about it, we wanted it to be scrapped, we wanted it to get removed as ...
Speech On Article 370
Speech On Article 370: Indian Constitution's Article 370 involves giving special status to Jammu and Kashmir (a region located in the northern part of the country), which was administered by India from 1954 and was the reason of dispute between India, Pakistan and China for a long time. Article 370 along with Article 35A provided special treatment to the residents of the state of J&K, under ...
2-Minute Speech on Article 370 for Students
Speech on Article 370. 'Good morning, my teacher (s) and dear friend. Today, I stand before you to present my speech on Article 370. Our Constitution gave a special status to the Indian State of Jammu and Kashmir under Article 370. This status was given because this area has been the subject of a dispute between India and Pakistan on one side ...
Speech on Article 370 for Students in English
Speech on Article 370: Article 370 of the Indian constitution offers special powers to J&K. The land in J&K is widely disputed; therefore, special provisions were created. Citizenship, fundamental rights and land property rights have exclusive representations in article 370. Non-J&K residents didn't have any rights to buy land in the state.
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1-minute Speech on Article 370. Ladies and Gentlemen, today we talk about a topic that has been the center of many discussions - Article 370. This piece of law was unique to the Indian state of Jammu and Kashmir. Article 370 was a special rule in the Indian Constitution. It gave Jammu and Kashmir its own constitution, flag, and freedom to ...
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In this short speech on Article 370 in English, it is clear that the state of Jammu and Kashmir is an important state of India and experiences a special status among all the other states. Conclusion. The 370 Article essay in English will educate a person on how the instrument of accession affected the state of Jammu and Kashmir.
Article 370 of the Constitution of India
Article 370 of the Indian constitution [a] gave special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India, Pakistan and China since 1947. [4] [5] Jammu and Kashmir was administered by India as a state from ...
Speech on Article 370 in English for Students
2 Minute Speech on Article 370. Esteemed judges, teachers and my dear friends. A very warm Good Morning to one and all. Today I am present here to deliver a speech on Article 370. Article 370 gave special status to Jammu and Kashmir. On 5th August 2019, Article 370 was abolished. Everyone was delighted to hear this news.
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Speech on Article 370 in English in simple and easy words
Speech on Article 370: Article 370 is an Article in the Constitution of India which gives special status to the northern state of Jammu and Kashmir. When India gained independence, the then ruler of Kashmir, Maharaja Hari Singh was left with an option of annexing with either India or Pakistan. Hari Singh rather chose to remain independent, till ...
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Sheikh Abdullah, Ayyangar, Sardar Patel: How Article 370 was negotiated
They negotiated the special status of J&K, leading to the adoption of Article 370. (It was Article 306A while being debated in the Constituent Assembly.) The negotiations were carried out over several months between N Gopalaswami Ayyangar (cabinet minister without portfolio and former Dewan of Kashmir) and Sheikh Abdullah and others. ...
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However, in his speech, Kharge used 371 instead of 370. Said. Regarding this also BJP is attacking Kharge. ... Kharge asked why the PM is mentioning Article 370 in the rallies in Rajasthan ...
Speech on Article 370 of Constitution of India
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PressReader. Catalog; For You; Hindustan Times (Lucknow) Political row erupts over Kharge's Art 370 remarks; Cong hits back 2024-04-07 - HT Correspondent letters@hindustantimes.com . NEW DELHI: A row erupted on Saturday after Congress president Mallikarjun Kharge took a swipe at the Bharatiya Janata Party (BJP) for raising in Rajasthan the issue of removal of Article 370, which he ...
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The Congress has hit back at Home Minister Amit Shah for targetting its chief Mallikarjun Kharge after the latter mistakenly said 'Article 371' instead of 'Article 370' during a speech on Kashmir. Party general secretary Jairam Ramesh said Kharge's "slip of the tongue" during his speech in Jaipur only exposed Prime Minister Narendra Modi's game ...
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Speech On Article 370 | Article 370 Speech for Students and Children in English

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