Why is Jammu and Kashmir given special status in the constitution?

~~Article 370 of the Indian Constitution, which is of a temporary nature, grants special status to Jammu and Kashmir. Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, the State of Jammu and Kashmir has been accorded special status under Article 370. Interestingly, till 1965, J&K had a Sadr-e-Riyasat for Governor and Prime Minister in place of Chief Minister !

When Indian Government was merging with Indian Princely States and foreign ruled territories using Instrument of Accession, J&K chose to remain independent, but when Muslim Tribes (allegedly supported by the government of Pakistan) attacked Jammu and Kashmir on 6 October 1947, to save his state Maharaja Hari Singh (the then ruler of J&K) chose to accede Jammu & Kashmir to India, so that India could help in defending her. The accession of the state to India is still a matter of dispute between India and Pakistan , and still on the agenda of the U.N.Security Council.

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↵Jammu and Kashmir is the only state in India which enjoys special autonomy under Article 370 of the Constitution of India, according to which no law enacted by the Parliament of India, except for those in the field of defence, communication and foreign policy, will be extendable in Jammu and Kashmir unless it is ratified by the state legislature of Jammu and Kashmir. Subsequently, jurisdiction of the Supreme Court of India over Jammu and Kashmir has been extended.
Jammu and Kashmir is also the only Indian state that has its own official flag and constitution, and Indians from other states cannot purchase land or property in the state.

Now,coming to your question,J&K gets a special status because:
  • The accession of the state of Jammu and Kashmir to India is still a matter of dispute between India and Pakistan and on the agenda of the UN Security Council. 
  • The territory of the state is disputed among China, India and Pakistan.The regions under the control of Pakistan are referred to as Pakistan-occupied Kashmir or PoK within India. India has control of 60% of the area of the former Princely State of Jammu and Kashmir (Jammu, Kashmir Valley, and Ladakh); Pakistan controls 30% of the region (Gilgit–Baltistan and Azad Kashmir). China occupied 10% (Aksai Chin) of the state in 1962.
  • Wars with Pakistan:
     The Indo-Pakistani War of 1965,
     The Indo-Pakistan War of 1971 and 
     The Kargil War in 1999.
  • War with China:
    Sino-Indian war of October 1962.
  • Continuous cease-fire violations between Pakistan and our troops.
  • Furthermore, in Jammu & Kashmir state of India, the demographics of the Kashmir Valley have also been altered after separatist militants coerced 250,000 Kashmiri Hindus to leave the region who still haven't been rehabilitated.
  • After the death of Sheikh Abdullah in 1982, the state has seen alternating spells of stability and discontent.
  • The region has seen a prolonged, bloody conflict between militants and the Indian Army.

    I feel by now the picture should be clear.Militancy,outside heat from Pakistan and China,internal turmoil have clearly left the population of the state disturbed. It is not easy to understand how things work when there is so much pressure. A special status has been given to ease out some of it.

    There is another thing I would like to mention. Since 1990, the Armed Forces Special Powers Act (AFSPA) , which gives special powers to the Indian security forces, has been enforced in Jammu and Kashmir. If such a rule is in implementation,a special status should be there cause there is no denying the fact that it is a disturbed zone.

    Also,this rule is also not helping the state in a way.Since,no outsider can buy property in J&K.This is the reason,J&K lags behind when it comes to industrial growth.It has been hampering the development scene of the state.No outside companies can setup which leaves a blank to fill in the infrastructure scene and also,lesser job opportunities to the people.
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