Article 370 grants a special and autonomous status to the state of Jammu Kashmir in Indian constitution. It is a sub-part of the article XXI of the constitution of India. The part of the constitution deals with the subject of “Temporary, Transitional and special provisions” the former princely state of Jammu Kashmir granted a special autonomous status undeArtitr A-370. Rest of all the provisions of the constitution that other states of India are benefited are not applicable to the state of Jammu Kashmir. The state of Jammu Kashmir had president and Prime minister till 1965.
Historical Background
The last Maharaja of the state of Jammu Kashmir Hari Singh and the first prime minister of India Jawahar Lal Nehru appointed Shaikh Abdullah as a Prime Minister of Jammu Kashmir and he drafted this provision in 1947. He wanted the state of Jammu Kashmir as an autonomous state in Indian federation till the plebiscite, so he argued that Article 370 should and must not be placed under the temporary provision of the constitution of India.
Read Here : What is State subject rule 1927 of Jammu Kashmir
Article 370 says that except for finance, foreign affairs, defense and communication parliament of Indian needs the simultaneity of the state government to apply laws. Under Article 370 Shaikh Abdullah tried to protect the “State Subject Rule 1927” in which some basic rights of the citizens of the state of Jammu Kashmir were protected including. State subject is a separate set of Laws in which citizenship, ownership of the property and other fundamental rights are included and only a citizen of the state holding state subject can enjoy these laws. Indian citizens cannot purchase land and other property in the Jammu Kashmir.
Indian government cannot declare financial emergency in the state of Jammu Kashmir under Article 360 which is a sub article of Article 370 without the consents of the state government. Furthermore, the state government has to request in case of any emergency to declare it.