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Article 370
Temporary article in the Indian constitution
The root cause of seccession
    1. Article 370 of the Indian Constitution

    2. Letter to (late) Indian Prime Minister Rajiv Gandhi from Jagmohan, ex-Governor-J&K

    3. Speech by Arvind Datar in a 2001 Chennai conference on the uselessness of Art. 370

    4. Living under the shadow of Article 370 by Sunil Fotedar, Subodh Atal and Lalit Kaul

    5. Salient points on Article 370 compiled by P.C.Deshmukh

    6. Article 370 must be abolished by J N Raina - Free Press Journal - 09-Feb-2000

    7. Memorial of Mistakes - A bitter saga of religious conversion by Narendra Sehgal

While settlement of international border is a major issue, India cannot allow itself to be permanently governed by the 'temporary' Article 370 which has been identified by very many as the root cause of separatism. This root cause can have continued ramifications even after some hasty tentative settlement of the J&K imbroglio.

Art370 gives absolutely nothing concrete to Indian Muslims, Kashmiris inclusive. They remain poor and backward under illusionary returns of Art370. Kashmiri Muslims have excellent chance of peace and prosperity in secular India.

Punjabi rulers in Pak exploit all other regions in Pak and in PoK.These people have carried out atrocities against Kashmiri Muslims, even dishonoring Muslim women as reported by Muslim scholars themselves.

'CIF' holds that Article 370 is the core issue and must be abrogated toward completing comprehensive integration of J&K in India by 'CONSOLIDATING INTEGRATION FIRST'.

The evolution of the JK constitution has a rich history beginning with the decade that preceded the 1939 state constitution of JK. It is not just a consequence of some secret pact between Nehru-Sk.Abdullah. It is a result of provisions of Clause 7,8 in the instrument of accession which JK exploited due to the historical developments related to JK-constitution, while other princely states which did not have such historical developments accepted the Indian Constitution in toto.

Political awareness amongst Kashmiri Muslims must be generated for them to see that their future is best assured as part of India. Kashmiri Muslims declared that they made their choice long back to stay in India, that they will have no future in Pakistan, and that they cannot prosper outside India.

Given the record of Pakistan's atrocities against Muslims in erstwhile East-Pakistan, against Kashmiri Muslims, against Sindh,Baluchi Muslims, against the Muslims in 'Pakistan Occupied Kashmir' (Mirpoor-Poonch area) and in Gilgit-Baltistan area, Kashmiris know what Pakistani establishment stands for and thus the need to integrate with secular India.

Some Indian Laws not applicable in J&K due to Article 370:

  1. The Prevention of Corruption Act, 1988 enabling all investments of the Central Treasury for J&K's progress land safely into the corrupt officials of the J&K Govt.

  2. The Indian Penal Code, 1860. Reg CBI which is item 8 on the Union List in the Constitution.

  3. There is no provision for minorities in J&K.

  4. Parliament cannot legislate with regard to to inter-state migration or quarantine in regard to J&K.

  5. The Election Commissioner of J&K State is to be appointed by the State's Governor.

  6. Laws related to tax structure.

  7. The Religious Institutions (Prevention of Misuse) Act, 1988.

  8. Urban Land Ceiling Act.


Pandit Nehru spoke in the Lok Sabha
(in response to a pointed question by Atal Bihari Vajapayee in February 1964) -

"Article 370 will get eroded in due course and vanish ultimately....".

Mohammadalli Currim Chagla, in the Rajya Sabha

- "The prime minister the other day spoke of gradual erosion of Article 370. I hope that this erosion is accelerated and I also hope that very soon that article will disappear from the constitution. After all it is transitional and temporary. I think transitional period has been long enough!"


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