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Purpose of Article 370 and the Drawbacks
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Pakistani aggression on the Princely State of Jammu and Kashmir, ruled by Maharajah Hari Singh, forced it to sign 'Instrument of Accession' in October 1947. That was further corroborated by Indian constitution makers through the insertion of the Article 370. Mr Ayyangar who drafted the bill initially as Article 306(A) argued that the "unusual and abnormal" circumstances where a large part of the state was still in the hands of "rebels and enemies", wasn't ripe for unification with the mainland.
Article 370 was initially drafted to protect the right of the people who felt insecure about their the identity and future in the then newly formed Union of India. It gave J&K special right to administer its affairs and protection from any kind of inconsistent law passed by Parliament without its consent. The article draws the jurisdiction of the national agencies and departments in the affairs of the state and the difference between other states and J&K in terms of fundamental rights and penal code.
The act though meant to protect the identity of Kashmiris, grabbed by anti-establishment and pro-separatist movement. Besides the applicability, the law has a bad reputation about gender biassedness where women marrying 'other than state subject' lose 'Right to Property' and non-permanent residents are treated badly under this law.
J&K, unlike other states, has its own identity and any abrupt attempt to change it can be detrimental for its diverse population and any attmpt to amend the law must be considered taking all parties on board.
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