What is Article 370 and 35a in Indian Constitution?

Amit Shah, the Union Home Minister of India, announced that Article 370 will be revoked. This will be done from the time of President’s assent. Article 370 grants special status to the state of Jammu & Kashmir. This will be changed with the termination of this bill.

In Rajya Sabha, Amit Shah presented the bill stating about Jammu & Kashmir reorganization. This bill paved the way for the reconstruction of the state. Jammu & Kashmir will be divided into 2 union territories.

The division will have Jammu and Kashmir being a Union Territory with the legislature. It will also make Ladakh a Union Territory without legislature.

Article 370

What is Article 370?

● Article 370 was an article of the Indian constitution. It gave the state of Jammu & Kashmir a special status.

● In Part XXI of the Constitution, this article was prepared. This makes the article transitional, temporary, and special provisions.

● Based on Article 370, Jammu and Kashmir got access to the Indian union. This happened when other states got the option to either connect with India or Pakistan in the year 1947.

● In the year 1949, this article came into effect. It exempts the state of Jammu and Kashmir to be part of the Indian constitution.

● This article gives the Indian-administered region jurisdiction the right to draft their laws. But the laws will exclude matters related to finance, foreign affairs, defense, and communications.

● With this article, the era of a separate flag and constitution started. This denied outsiders to have property rights in the respective state.

● This means that the people residing here are living under different laws. They have different laws in matters related to citizenship and property ownership.

● In fact, with this article, Fundamental Duties and Part 4 of the Indian Constitution are not applicable in Jammu & Kashmir.

● This means the people residing here are not in the boundation to maintain the dignity of the women. They will also not be restricted to save the cow, and pay respect to the National Flag of India.

What is Article 35A?

● Article 370 with Article 35A defined the people of Jammu and Kashmir following the different set of laws. The laws related to property ownership, citizenship, and fundamental rights were different when compared to the other states of the country.

● People from different states of the country are not allowed to buy any property or land in this state of Jammu & Kashmir under this provision.

● in 1954, with the order of the Presidential, Article 35A came into existence to carry on with the old provisions under the act of Article 370.

● With this article, the local legislature nestled in Indian-administered Kashmir gets permission to define permanent residents living here.

● This article completely forbids from buying land, permanently settling, winning education scholarships, holding local government jobs for outsiders.

● The article also defies female residents of this state to have any kind of property rights if they marry someone from outside the state. This is eligible to the women’s children also.

● Over the years Article 35A has remained the same but some facets of Article 370 has been modified.

● According to experts, Article 35A didn’t have the parliamentary acceptance and it is against women’s rights.

Changes in Jammu And Kashmir After Article 370 Gets Banned:

Before:

  1. Jammu and Kashmir had special powers for their exercises.
  2. One has to have dual citizenship.
  3. Jammu & Kashmir had a separate flag.
  4. Article 360 related to Financial Emergency was not applicable in this state.
  5. Minorities like Hindus and Sikhs had no benefit of reservation.
  6. Citizens from other states of the country will not be able to purchase property or land in
  7. Jammu and Kashmir.
  8. RTI is not applicable in this state.
  9. 6 years duration for Legislative Assembly.
  10. A woman would lose the citizenship of the state if she marries someone from other states.
  11. There are not rights given to the Panchayats.
  12. Right to Education is also not applicable to this article.
  13. Fundamental Duties are also not applicable.

What are the benefits of Article 370?

  1. The special powers get completed revoked.
  2. Under the roof of single citizenship.
  3. Tricolored Flag is only applicable.
  4. Article 360 is applicable.
  5. All the minorities will now be eligible for reservation.
  6. Citizens from other states will be able to buy property or land in Jammu and Kashmir.
  7. RTI gets a nod.
  8. 5 years duration for Legislative Assembly.
  9. A woman will not lose her citizenship and have all her rights.
  10. Panchayats will get their rights to act.
  11. RTE will be applicable for the benefit of the students.
  12. Fundamental Duties are applicable.

Why Are The Article 370 And 35A Being Abolished?

● Article 35A has been challenged but the ruling party BJP and its allies. According to them, it is discriminatory.

● Prime Minister Narendra Modi led his party BJP to a big win. This was done with the help of divisive marketing that exclusively targeted Muslims. They promised to remove Article 370 and its provision of 35A.

● The growing internal security problems and cross border terrorism in the state of Jammu and Kashmir were the primary reasons. This removes the tag of state and makes J&K a union territory with the legislature.

So, these are the reasons which led to this decision of revoking Article 370 and Article 35A (provisions of article 370). The President of India issued the order of revoking it and making all the laws of Indian Constitution fully applicable to the region.

Now Jammu and Kashmir are centrally governed and there is no one like Sheikh Abdullah to rob the funds for development.

Author Bio:

Hello, I am Leena Sanap, a freelance content writer who profoundly believes in the power of words. To have the ability to able someone with information and give them a perspective is what I love about writing. As an engineer, I enjoy writing about technology. But, I do have a creative side which intrigues me to write about lifestyle, entertainment, health, and education.

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