Content 370

 Article 370 Essay

The Truth about Article 370


Arvind Lavakare

Rambhau Mhalgi Prabodhini

Registered beneath Societies Work. (Reg. No . 618 Excelente. /82), Trust Act (Reg. No . F-7863 Bom. /82). 80G Certificate No .: •ÊŒ ‡ Ê ‚¢ Å ÿÊ - •Ê. ÁŸ. (¿Í ) /◊È. Ÿ. / 80- ¡Ë/ 1741/2003/2003-2004 FCRA No .: 083780667.

Mumbai Office: 18, Chanchal Smruti, G. M. Ambekar Marg, Wadala, Mumbai-400031. Tel.: +91-22-24136966 Fax: +91-22-24156725 1

В© Rambhau Mhalgi Prabodhini Newsletter no .: Style. /Eng. /B 54/2005/1 Published on: June 23, 2006 Price: Rs. Published simply by:

Ravindra Sathe

Executive Director

Rambhau Mhalgi Prabodhini 17, Chanchal Smruti, G. Deb. Ambekar Marg, Wadala, Mumbai-400031. Tel.: + 91-22-24136966, 24127373 Fax: & 91-22-24156725 Email: [email protected] org Printed by:


B-25, & C-19, Royal Professional Estate, Wadala, Mumbai-400031.

a couple of

Publisher's Take note

Rambhau Mhalgi Prabodhini is indeed very happy to provide this monograph, scholarly authored by our good friend and observed columnist Shri Arvind Lavakare. At Prabodhini, our publication activities are mainly aimed at creating awareness about certain essential issues through analytically drafted essays and monographs therefore giving push to opinion-making. This particular monograph on Article 370 will assist you to do away with all-pervading ignorance about the content of this constitutional dotacion and its longer lasting impact. Allow us to hope, this monograph may help our intellectuals and academicians to grasp the floor realities in J & K in the light in the assessment offered. We are extremely grateful to Shri Lavakare for having carefully written this kind of monograph. — Vinay Sahasrabuddhe



There is a belief, even among senior politicians, that with several highlights of the Metabolism of India having been built applicable through the years to Jammu & Kashmir State, Content 370 no longer puts that State on a special pedestal and, consequently , the Article's continuance need no longer certainly be a bone of contention. The simple truth is otherwise. For instance, the average educated Indian is convinced that every legislation of the Legislative house is applicable through the entire country, including the State of Jammu & Kashmir. There is nothing further from the truth. Using the freedom provided by Content 370, the J& E State has not accepted Indian Penal Code, Prevention of Corruption Take action, 1988, and several other laws passed by nation's Parliament. Another truth is that, because of the leeway given by Article 370, the Jammu & Kashmir State governments have, over the years, declined the applicability of a large number of other Articles of the Indian Constitution with their State or accepted all of them in only a modified type. A glaring example of this is that while the Preamble from the Indian Cosmetic proclaims the Union of India to be ‘Secular' (whatever that may mean), the corresponding Preamble of the J& K Condition Constitution would not avow the State is definitely ‘Secular'. There is the notion that Article 370 protects Muslim interests and thus ought to not be abrogated. The truth is the fact that continuance of Article 370 for Jammu & Kashmir State suggests benefits the Muslims in the rest of the country while at the same time forcing the Muslim many that State to continue living relatively isolated from the remaining entrepreneurial and innovative Indian people. There is certainly, lastly, outdated perception it is Article 370 which prohibits anyone by outside Jammu & Kashmir 4

State from attaining immovable property in that Condition. The truth is that no such prohibition is present in any clause of Content 370 alone! The above truths and some other folks were rediscovered and fine-tuned in the course of a great in-depth study of Document 370 performed by me personally at the suggestion of Vinay Sahasrabuddhe of Rambhau Mhalgi Prabodhini. These are generally now provided before the community so as to allow it to react to the whole truth of what should be the most sophisticated, controversial and carcinogenic Actual the Cosmetic of India. —...

Offered: 27

Jammu & Kashmir State has its own " People's Representation Action, 1957” and " Portrayal of People (Conduct of Elections and Election Petitions) Rules, 1957; Anand, ibid, l. 369

Keshavananda Bharati v. State of Kerala, ATMOSPHERE 1973 SOUTH CAROLINA 1461 and S. Ur. Bommai sixth is v. Union of India, (1994) 3 SCC 1 mentioned in The Metabolic rate of India, P. Meters. Bakshi, 2002.