Article 370 – Key points

SRINAGAR: As per Article 370, all provisions of the Constitution which are applicable to other states cannot be applied to Jammu and Kashmir unless the state Assembly approves it. However, Defence, Foreign Affairs, Communications and ancilliary matters are an exception to it. 

Article 370 grants special status to Jammu and Kashmir and can be revoked only if the new Constituent Assembly of the state approves it. 

Separate set of laws are applicable to the residents of the state for property ownership rights, citizenship, inheritance and fundamental rights.

Article 370 states that residents of other states cannot purchase property in the state. However, residents of J&K can purchase land anywhere in the country. 

Centre cannot declare financial emergency in the state. 

Emergency cannot be declared by the Central government in the state unless the state Assembly approves it. 

Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state.

The Article was drafted by Sheikh Abdullah in 1947, who was then Prime Minister of J&K. He argued that Kashmir was not ready to be a part of the country due to presence of “rebels”. 

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