Thursday, 23 February 2017

Indian Polity:Article 370

Separate Constitution of Jammu and Kashmir:
Article 370:
  • According to this article, except for defense, foreign affairs, finance and communications, Parliament needs the state government’s concurrence for applying all other laws.
  • Thus the state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. As a result of this provision, Indian citizens from other states cannot purchase land or property in Jammu & Kashmir.
  • Under Article 370, the Centre has no power to a declareFinancial emergency under Article 360 in the state. It can declare an emergency in the state only in case of war or external aggression.
  • The Union government can therefore not declare the emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.

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