Article 370
The Truth about Article 370 by Arvind Lavakare
Rambhau Mhalgi Prabodhini
Registered under Societies Act. (Reg. No. 618 Bom./82), Trust Act (Reg. No. F-7863 Bom./82). 80G Certificate No. : •ÊŒ ‡ Ê ‚¢ Å ÿÊ - •Ê.ÁŸ.(¿Í ) /◊È . Ÿ./ 80- ¡Ë/ 1741/2003/2003-2004 FCRA No. : 083780667.
Mumbai Office : 17, Chanchal Smruti, G. D. Ambekar Marg, Wadala, Mumbai-400031. Tel. : +91-22-24136966 Fax : +91-22-24156725 1
© Rambhau Mhalgi Prabodhini Publication no. : Gen./Eng./B 54/2005/1 Published on : June 23, 2005 Price : Rs.
Published by :
Ravindra Sathe
Executive Director
Rambhau Mhalgi Prabodhini 17, Chanchal Smruti, G. D. Ambekar Marg, Wadala, Mumbai-400031. Tel. : + 91-22-24136966, 24127373 Fax : + 91-22-24156725 E-mail : ravis@rmponweb.org
Printed at :
VIJAY M UDRAN
B-25, & C-19, Royal Industrial Estate, Wadala, Mumbai-400031.
2
Publisher’s Note
Rambhau Mhalgi Prabodhini is indeed very happy to present this monograph, scholarly written by our friend and noted columnist Shri Arvind Lavakare. At Prabodhini, our publication activities are mainly aimed at creating awareness about certain crucial issues through analytically written essays and monographs thereby giving impetus to opinion-making. This particular monograph on Article 370 will help to do away with all-pervading ignorance about the content of this constitutional provision and its long lasting impact. Let us hope, this monograph will help our intellectuals and academicians to grasp the ground realities in J & K in the light of the assessment presented. We are extremely grateful to Shri Lavakare for having painstakingly written this monograph.
— Vinay Sahasrabuddhe
3
Preface
There is a belief, even among senior politicians, that with several features of the Constitution of India having been made applicable over the years to Jammu & Kashmir State, Article 370 no longer puts that State on a special pedestal and, therefore, the Article’s continuance need no longer be a bone of
Rambhau Mhalgi Prabodhini
Registered under Societies Act. (Reg. No. 618 Bom./82), Trust Act (Reg. No. F-7863 Bom./82). 80G Certificate No. : •ÊŒ ‡ Ê ‚¢ Å ÿÊ - •Ê.ÁŸ.(¿Í ) /◊È . Ÿ./ 80- ¡Ë/ 1741/2003/2003-2004 FCRA No. : 083780667.
Mumbai Office : 17, Chanchal Smruti, G. D. Ambekar Marg, Wadala, Mumbai-400031. Tel. : +91-22-24136966 Fax : +91-22-24156725 1
© Rambhau Mhalgi Prabodhini Publication no. : Gen./Eng./B 54/2005/1 Published on : June 23, 2005 Price : Rs.
Published by :
Ravindra Sathe
Executive Director
Rambhau Mhalgi Prabodhini 17, Chanchal Smruti, G. D. Ambekar Marg, Wadala, Mumbai-400031. Tel. : + 91-22-24136966, 24127373 Fax : + 91-22-24156725 E-mail : ravis@rmponweb.org
Printed at :
VIJAY M UDRAN
B-25, & C-19, Royal Industrial Estate, Wadala, Mumbai-400031.
2
Publisher’s Note
Rambhau Mhalgi Prabodhini is indeed very happy to present this monograph, scholarly written by our friend and noted columnist Shri Arvind Lavakare. At Prabodhini, our publication activities are mainly aimed at creating awareness about certain crucial issues through analytically written essays and monographs thereby giving impetus to opinion-making. This particular monograph on Article 370 will help to do away with all-pervading ignorance about the content of this constitutional provision and its long lasting impact. Let us hope, this monograph will help our intellectuals and academicians to grasp the ground realities in J & K in the light of the assessment presented. We are extremely grateful to Shri Lavakare for having painstakingly written this monograph.
— Vinay Sahasrabuddhe
3
Preface
There is a belief, even among senior politicians, that with several features of the Constitution of India having been made applicable over the years to Jammu & Kashmir State, Article 370 no longer puts that State on a special pedestal and, therefore, the Article’s continuance need no longer be a bone of
Cited: 27 Jammu & Kashmir State has its own “People’s Representation Act, 1957” and “Representation of People (Conduct of Elections and Election Petitions) Rules, 1957; Anand, ibid, p.369 Keshavananda Bharati v. State of Kerala, AIR 1973 SC 1461 and S. R. Bommai v. Union of India, (1994) 3 SCC 1 cited in The Constitution of India, P. M. Bakshi, 2002.