120-Kashmir- Nehru's unforgettable gift

एक दुखी परिवार-120

Article 370, what is?

By Maj Gen Sheru Thapliyal

http://www.indiandefencereview.com/news/article-370-the-untold-story/

Article 370 of the Constitution of India

Temporary Provisions with respect to the State of Jammu & Kashmir

1. Notwithstanding anything in this constitution:

(a) The provisions of Article 238 shall not apply in relation to the State of Jammu & Kashmir.

(b) The power of Parliament to make laws for the said state shall be limited to

(i) those matters in the Union List and the Concurrent List which in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State and 
(ii) Such other matters in the Said Lists as, with the concurrence of the Govt of the State, the President may, by order specify.

1. Explanation. For the purposes of this Article, the Govt of the State means the person for the time being recognized by the President as Maharaja of Jammu & Kashmir acting on the advice of the council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifty day of March 1948.

(c) The provisions of Article (1) and of this Article shall apply in relation to this State;

(d) Such of the other provisions of this Constitution shall apply in relation to that State Subject to such exceptions and modifications as the President may by order specify;

Provided that no such order which related to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub clause (1) shall be issued except in consultation with the govt of the State. 
Provided further that no such order which relates to matters other than those referred to in the last proceeding proviso shall be issued except with the concurrence of the Govt of the State. 

(2) If the concurrence of the Govt of the State referred to in para (ii) of Sub Clause (b) of Clause (1) be given before the Constituent Assembly for the purpose of framing the Constitution of the State is concerned. It shall be placed before such Assembly for such decision as it may take thereon. 

(3) Notwithstanding the anything in the foregoing provisions of the article, the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may notify. 

Provided that the recommendation of the Constituent Assembly of the State referred to in Clause (2) shall be necessary before the President issues such a notification. 

(Cont.  .)