CONSTITUTIONAL STATUS OF JAMMU AND KASHMIR UNDER ARTICLE 370

Abstract

To understand the constitutional position of the state of Jammu and Kashmir in relation to other states of India, it is necessary to know the historical background and political dynamics of the state. This paper examines the constitutional status of Jammu and Kashmir under Article 370. The study reveals that the state of Jammu and Kashmir is an integral state of India, yet, its status is different from other states and the Constitution of India applies to this state and not the property. -Deprived but by virtue of the Instrument of Accession signed between Maharaja Hari Singh and the then Governor General of India Lord Mountbatten and subject to its terms and conditions. The status of the state is dealt with under Article 370 of the Constitution of India. Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of 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. Jammu and Kashmir was administered by India as a state from 1952 to 31 October 2019, and Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration.

Keywords: Jammu & Kashmir, historical background, Politics dynamics of the state, Article 370, constitution