On 26th January 1950, the constitution of India came into force with a unique provision- Article 370. The special status accorded to the state of Jammu and Kashmir in the article meant that its people lived under a different set of laws while being part of the Indian Union. Maharaja Hari Singh signed the accession papers on October 26, 1947 under which the state acceded to India. The accession of Jammu and Kashmir was carried out on the same pattern other states acceded to it. But as a result of the misfortune of the country, Nehru pressurized the Maharaja for handing over power to Sheikh Abdullah/ the Maharaja gulped the bitter draught and exhibited his patriotism. On request of Sheikh Abdulla it was decided that the State Assembly will take the final decision on the accession and it was done to appease the Muslim society in Kashmir. From here the state was given the special status. The question arose as to what should be till the assembly took the final decision? For this period Article 370 was incorporated in the Constitution as a temporary measure. But even when the State Assemble ratified the State’s accession to India, the Article was not scrapped. With the blindfold of political interest we lent permanency to the temporary character of the article making our position not only ridiculous before the world but also provided a golden opportunity and solid base for separatist-oriented terrorism to grow in

Kashmir. This special status delinks the state from rest of the country. It is because of this Article that the Government of India cannot enforce any law connected with Jammu and Kashmir without the approval or concurrence of the State Government. Only defense, external affairs and communications fall in the central list. Against this the Parliament has the powers to frame laws for rest of the states in the country. But Article 370 of the Constitution restricts the hands of the Union Government and the Parliament in doing this in case of Jammu and Kashmir. Its dangerous consequences have been witnessed in recent years when the law prohibiting misuse of religious places could not be extended to Jammu and Kashmir with the result the state does not come within the ambit of secularism. It won't be an exaggeration if it is called constitutionally recognized separatism. On the basis of this "special status" people of Kashmir, Pakistani rulers and diplomats and intellectuals in the world raise of volley of questions in front of the Government of India. Is accession of Jammu and Kashmir complete like other states? If the accession is complete, why then the special appeasement? Is it so because there is Muslim majority? Had there been Hindu majority in the Kashmir valley, would there have been this clause of the Constitution? Does not this clause give an opportunity to the world to doubt our Honesty?