Q19.To what extent is Article 370 of the Indian Constitution, bearing marginal note “temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss the future prospects of this provision in the context of Indian polity.
Introduction
Article 370 was a temporary, transitional, and special provision for Jammu and Kashmir, stemming from its Instrument of Accession to India, granting it a unique constitutional position.
Discussion on Temporary Nature and Future Prospects
Arguments for its 'Temporary' Nature
Its temporary nature was indicated by its placement in Part XXI of the Constitution and the provision for abrogation via Presidential Order, contingent on the recommendation of the J&K Constituent Assembly (Article 370(3)).
Arguments for De Facto Permanent Status
However, the J&K Constituent Assembly's dissolution in 1957 without recommending abrogation led to arguments for Article 370 acquiring a de facto permanent character, posing legal debates on its modification without that body.
Future Prospects in Indian Polity (Pre-2019)
Future prospects involved its continuation with gradual erosion through Presidential Orders, or abrogation/modification, which faced significant constitutional and political hurdles, impacting federalism and national integration.
Conclusion
Thus, Article 370 remained a complex provision, legally temporary but politically perceived as permanent, with profound implications for Indian polity.
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