Spl Act

An Essay on Article 370 and Special Status of Jammu and Kashmir
Essay   by alpna
With the increase in subversive and terrorist activity in the state of J. & K., There has been a clamorous demand for the abrogation of article 370 of the constitution which grants a special status to Kashmir, the demand has been fanned and intensified by the role of Pakistan in J. & K. Subversives and commandos trained in Pakistan have infiltrated into the state and there has been an increase demand for secession and independence. This has caused the fear that the Accession of Kashmir to India in not complete-as complete as that of the other states and the accession can become total if Article 370 is abrogated. While Jan Sangh, and now the BJP, has been most vocal and persistent in voicing this demand, through the Central BJP Government has emphatically started that the article will never be abrogated, and the state will continue to enjoy its special status. The need is to rise above regional controversies to consider the whole question dispassionately.
When India became independent in August 1947, Jammu and Kashmir was not a part of India. It was only by the instrument of Accession dated 27-10-47 signed by the Maharaja on behalf of the J. & K. state, the state acceded to India. By its clause 370, the Maharaja accepted that the matters specified in the schedule are the state matters with respect to which the Indian legislature may make laws for the state J. & K. the instrument further provided that its terms and conditions shall not be varied by amendment of the act or of the Indian independence act, unless such amendment is accepted by the Maharaja. The instrument also clearly laid down that nothing in the instrument shall be deemed to commit the state in any way to the acceptance of any future constitution of India. In other words, the instrument was applicable only to a limited number of meters. Defense, external affairs, Communications, is the matter with respect to which the...