INDIA:CONSTITUTION OF INDIA: ARTICLE 370

     WHAT IS ARTICLE  370?
     ARTICLE 370 WAS CREATED WITH  A VIEW THAT ITS EXITANCE WOULD BE TEMPORARY.THE RULER OF JAMMU AND KASHMIR SIGNED THE INSTRUMENT OF ACCESSION WHEREBY ONLY THREE SUBJECTS WERE SURRENDERED i.e.EXTERNAL AFFAIRS ,DEFENCE AND COMMUNICATION , BY THE STATE TO THE DOMINION OF INDIA.THE RELATIONSHIP BETWEEN J&K AND THE UNION OF INDIA IS EXCEPTIONAL.

    THE SATE ENJOYS A GREATER MEASURE OF AUTONOMY AND THE POWER OF THE UNION OF INDIA IS RESTRICTED AS REGARDS OTHER STATES.THE UNION OF INDIA IS INCOMPETENT TO DECLARE FINANCIAL EMERGENCY AND EMERGENCY IN CASE OF FAILING CONSTITUTIONAL MACHINERY WITH  RESPECT TO THE STATE OF J&K.ONLY EMERGENCY DUE TO WAR OR EXTERNAL AGGRESSION CAN BE DECLARED AS IT IS WITHIN THE SCOPE OF DEFENCE AS SURRENDERED TO THE UNION OF INDIA.THE UNION LEGISLATURE CANNOT LEGISLATE ON MATTERS PROVIDED IN THE UNION LIST AND CONCURRENT LIST WHICH ONE NOT IN ACCORDANCE WITH THE SUBJECTS PROVIDED IN THE INSTRUMENT OF ACCESSION.THE CONSULTATION OF THE SATE GOVERNMENT IS REQUIRED IN ANY MATTER THAT AFFECTS THE STATE.IT CAN BE SAID THAT THE UNION OF INDIA HAS THE POWER TO ACT ON AN ISSUE INDEPENDENTLY ONLY IF IT IS SOMEHOW RELATED TO THE THREE SUBJECTS SURRENDERED OR THOSE EXPRESSLY MENTIONED IN THE INSTRUMENT OF ACCESSION.

 
     CONSTITUTION OF J&K 
     ARTICLE 1 OF THE CONSTITUTION OF J&K STATES THAT THE STATE OF J&K IS AND SHALL BE AN INTEGRAL PART OF THE UNION OF INDIA. ARTICLE 5 STATES THAT THE EXECUTIVE AND LEGISLATIVE POWER OF THE STATE DOES NOT EXTEND TO MATTERS ,  THOSE WITH RESPECT TO WHICH PARLIAMENT HAS POWER TO MAKE LAWS FOR THE STATE UNDER THE PROVISIONS OF CONSTITUTION OF INDIA.THESE PROVISIONS CANNOT BE AMENDED.THE CONSTITUTION WAS ADOPTED AND ENACTED ON 17 NOVEMBER 1956.

     VIEW OF DR.B.R.AMBEDKAR

      DR.B.R. AMBEDKAR ,THE PRINCIPAL ARCHITECT OF THE CONSTITUTION OF INDIA WAS AGAINST ARTICLE 370 AND IT WAS INCLUDED AGAINST HIS WISHES. BALRAJ MADHOK REPORTEDLY SAID,DR. AMBEDKAR HAD CLEARLY TOLD SHEIKH ABDULLAH "YOU WISH INDIA SHOULD PROTECT YOUR BORDERS ,SHE SHOULD BUILD ROADS IN YOUR AREA,SHE SHOULD SUPPLY YOU FOOD GRAINS AND KASHMIR SHOULD GET EQUAL STATUS AS INDIA.BUT GOVERNMENT OF INDIA SHOULD HAVE ONLY LIMITED POWERS AND INDIAN SHOULD HAVE NO RIGHT IN KASHMIR.TO GIVE CONSENT TO THIS PROPOSAL , WOULD BE TREACHEROUS THING AGAINST INTEREST OF INDIA AND I, AS THE LAW MINISTER OF INDIA WILL NEVER DO IT." THEN SHEIKH ABDULLAH WENT TO NEHRU , WHO DIRECTED TO GOPALASWAMI AYYANGAR WHO APPROACHED SARDAR PATEL ASKING HIM TO DO SOME THING AS IT WAS A MATTER OF PRESTIGE OF NEHRU,WHO HAS PROMISED SHEIKH ABDULLAH , ACCORDINGLY PATEL GOT IT PASSED WHEN NEHRU WAS ON FOREIGN TOUR(BUT PATEL WAS DEEPLY SCEPTICAL OF A STATE BECOMING PART OF INDIA AND NOT RECOGNISING..).ON THE DAY THIS ARTICLE CAME UP FOR DISCUSSION,DR.B.R. AMBEDKAR DID NOT REPLY TO QUESTIONS ON IT THOUGH HE DID PARTICIPATE ON OTHER ARTICLES. ALL ARGUMENTS WERE DONE BY  GOPALSWAMI AYYANGAR.