Article

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Article 370 is arguably the most contentious provision of the
Constitution of India. It deals exclusively with Jammu &
Kashmir State that came under the administrative control of
the Government of India after the country’s 15-month war
that Pakistan started in 1947 to seize sovereignty over that
State.
Besieged by controversy right from its draft stage, Article
370 has been the subject of heated debate ever since the
Constitution came into full effect from 26th January 1950.
While one section of the Indian polity has strongly demanded
its abrogation, some others have vehemently opposed
this demand; why, in 1999, Farooq Abdullah, the
State’s then Chief Minister, even threatened a revolt if the
Article were revoked.
Also as in the history we could find that Jammu & Kashmir State, the biggest of all with an area of 84, 471 square miles at that time. Ruling over a population of about forty lakhs, the vast majority of whom were Muslims, was a Hindu Maharaja, Hari Singh. He vacillated between acceding to Pakistan, acceding to India, and remaining independent. His procrastination was ended by the invasion of his State by some 5,000 Pathan tribesmen from the northern areas in Pakistan. Pakistani soldiers followed. All were on their way to Srinagar, looting, killing and raping on the way. The Maharaja was in a state of panic, begging for the help of the Indian army to drive out the invaders.
To secure that help, he had first to accede to India by
signing the prescribed Instrument of Accession. This he did
on October 26, 1947. It was accepted the next day by Lord
Mountbatten, the Governor General of India. The legality of
the accession was sealed by India’s acceptance.
A large number of Indian States were represented in the
Indian Constituent Assembly and though it was envisaged
that the States would have separate Constitutions for their
internal administration, the idea of a separate Constitution
for each State was forsaken as a “Legacy from... Read Full Essay

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Submitted by: sskg2020 on May 27, 2013Category: History Length: 344 wordsViews: 10

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