Thread on Article 370 :–
🔹Article 370 as every one knows gave special status to J&K.
🔹In India’s acceptance of the Instrument of Ascension from the princely state of Jammu and Kashmir in 1947, the Governor General Lord Mountbatten stated that “It is my Government’s wish
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that as soon as law and order have been restored in Kashmir and her soil is cleared of the invader, the question of the State’s accession be settled by a reference to the people”.
India regarded accession as purely temporary and provisional, as stated in the Government
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of India’s White Paper on J&K in 1948. In a letter to J&K Prime Minister Sheikh Abdullah dated May 17, 1949, Prime Minister Jawaharlal Nehru with the concurrence of Vallabhbhai Patel and N Gopalaswami Ayyangar(kashmir affairs minister) wrote: “It has been settled policy of
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Government of India, which on many occasions has been stated both by Sardar Patel and me, that the Constitution of Jammu and Kashmir is a matter for determination by the people of the state represented in a Constituent Assembly convened for the purpose.”

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Article 306A (now 370) was passed in the Constituent Assembly on May 27, 1949. Moving the motion, Ayyangar said that though accession was complete, India had offered to have a plebiscite taken when the conditions were created, and if accession was not ratified then

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in his own words –"we shall not stand in the way of Kashmir separating herself away from India”. On October 17, 1949, when Article 370 was finally included in the Constitution by India’s Constituent Assembly, Ayyangar reiterated India’s commitment to plebiscite

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and drafting of a separate constitution by J&K’s Constituent Assembly.
70 years has passed since ascension of J&K into India and that plebiscite/referendum hasn't been held yet.

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🔹Was Article 370 a temporary provision, and can it be done away with unilaterally by the Indian Government?
Ans:–Delhi High Court in Kumari Vijayalaksmi case (2017) rejected a petition that said Article 370 is temporary and its continuation is a fraud on the Constitution.

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Similarly, The SC in April 2018 said that despite the headnote in Indian constitution using the word 'temporary’, Article 370 is not temporary. In Sampat Prakash case (1969) the SC refused to accept Article 370 as temporary. A five-judge Bench said–

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"Article 370 has never ceased to be operative”. Thus, it is a permanent provision.

🔹Now, another question is, can Article 370 be deleted?

Yes, Article 370(3) permits deletion by a Presidential Order. Such an order, however, is to be preceded by the concurrence of

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J&K’s Constituent Assembly. Since such an Assembly was dissolved on January 26, 1957, Article 370 CANNOT be deleted anymore.
It now has a PERMANENT status.

Also, in October 2015, the HC of J&K ruled that the Article 370 cannot be 'abrogated, repealed or even amended.'

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🔹Now, does the govt of India has plans to hold a referendum in the future?
The answer is Yes. The new settler colonialism project in Kashmir is the preparation being done by India to change Kashmir's demography making Muslims a minority even in the Kashmir region.

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Once the demography is favorable for India, a referendum under UN watch will be held. And courtesy to the demographic change, the result will be in India's favour.
In this way, India will make the occupation of Kashmir legal, thus making kashmir an 'internal' issue.

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🔹Another question is whether Article 370 was a special case or similar provisions have been extended to other states by the constitution?
Ans:– A number of other states enjoy special status under Article 371, from 371A to 371I. Most of them are northeastern states, &

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the special status aims to preserve their unique tribal culture.
Special provisions are also provided to Andhra Pradesh, Karnataka, Goa which find a mention in Articles 371D and 371E, 371J, 371I respectively.
What's noteworthy is that only Article 370 which affected the

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Muslim majority Kashmir was abrogated. Rest of the articles which provide similar relaxations to other non Muslim majority states mentioned above remain untouched.

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