MHA: Reports of Home Ministry moving proposal to implement Article 371 in J&K baseless

Ministry of Home Affairs has rejected media reports stating that it has moved a proposal to implement Article 371 in Jammu and Kashmir.  A spokesperson from the Ministry of Home Affairs has called these reports 'incorrect and baseless' There have been several reports that Centre has proposed granting of Article 371 in Jammu and Kashmir. Under Article 371, the Constitution provides special provisions for all the hill states with domicile rights, similar to that enjoyed under Article 35A in Jammu and Kashmir state.

'Incorrect and baseless'

Abrogation of Article 370

On August 5, the Centre revoked the special status of Jammu and Kashmir abrogating provisions of Article 370 and bifurcating the state into two Union Territories. It was reported that the Home Ministry has moved a proposal to the Law Department of J&L Union Territory (UT) for its feedback on granting Article 371 as compensation for the revocation of Article 370. As per reports, the Law Department was told to study the new framework and revert to the Home Ministry with feedback. It was also reported that the proposal was being discussed in the Law Department, which will frame the contours of the new arrangement for the UT.

There were reports that a section of senior politicians from Kashmir, including PDP patron and former deputy Chief Minister Muzaffar Hussain Beig, are in favour of such a move and have already indicated that they are willing to settle for Article 371. "We are a hill state and the Constitution has provided special provisions under Article 371 for all the hill states with domicile rights like those they enjoyed under Article 35A," Beigh had last month told a media outlet.

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About Article 371

Article 371 of the Indian Constitution is connected to granting special provisions for some states of the Indian Union. As part of XXI and XXII of the Constitution of India, Article 371 grants some temporary, transition and special provisions to some states in the country. Ranging from Article 371-A to Article 371-J, this Article gives special provisions for the states of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka. The main objectives behind the Article 371 granting special provisions to some states are to meet the unique needs of the backward regions of these states, protect the economic and cultural interests of these regions, combat local challenges and protect the customary laws in these regions.

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