What are the articles 370 and 35A?
Article 35A is the exception allowed by Article 370 in the consttution of India but indirectly links to fundamental rights and privilege offered under J&K Constitution.
Article 370
When India got Independence from britishers, the British paramountcy lapsed. Many ares in India that were divided into princely states. Both Sardar Patel and Jinnah were trying to get rules these states into India and Pakistan respectively. Patel was slowly including these states into India but was facing difficulty with Hyderabad, Junagarh, and Kashmir. The state of J&K preferred to stay independent under Maharaja Hair Singh. He did not want to merge Kashmir with Pakistan either thus wanted to keep Kashmir independent. He managed to keep the region independent for two months
On 20 October, 1947, The Azad Kashmir Force supported by Pakistani army attacked the state. The maharaja sought military assistance form India but India’s governor-general contended that it would be dangerous to send troops to neutral state unless Kashmir first offered to acceded to it. Under this unusual and extraordinary political circumstance, the ruler of the states decided to join hands with the states of India. this led to the singing of the instrument of accession between India and Kashmir according to which Kashmir join India on 26 October 1947. The issue of Kashmir led to the first war between India and Pakistan.
The Nehru took the issue in United Nation. A resolution was passed on 13 August, 1948 asking booth the nation to withdraw their forces, Once they happened, a referendum was to be held allowing the people of Kashmir to decided their political future. This Agreement let to article 370.
Rules:
- The article dealing with the administration for the states is not applicable to J&K.
- The power of parliament to make rules for the state is limited(only Union and Concurrent list are applicable that too when declared by the president in consultation with the state Government).
Article 35A
Article 35A basically an agreement reached between New Delhi and Srinagar in 1952, added to the constitution through a presidential order of 1954, according to which no one except the permanent resident will not able to settle permanently in the state , acquire immovable property , avail government jobs, scholarships and aid.
Article 35A of the Indian constitution is an article that empowers the Jammu and Kashmir state’s legislature to define “Permanent Residents” of the state and provide special rights and privileges to those permanent residents.
Rules:
- If on 14 May 1954 he was a state subject having lawfully acquired immovable property in the states and have been the resistant for 1 years prior to that date.
- Any person who before 14 May, 1954 was a state subject and who having migrated to Pakistan after 1 March 1947, returns to the state for resettlement.
- In any other condition, a person will not be considered as the permanent resident of J&K and hence will not the privileges as stated in J&K Constitution.
Scrap of Article 370 and 35A in 2019:
After 70 years, Indian government (NDA) has decided to scrap Articles 370 and 35A on 5th August 2019. Below are the key decisions:
- To remove all provisions of article 370.
- To remove all provisions of article 35A.
- J&K To be Union Territory with Legislature.
- Ladakh To be Union Territory without Legislature.
New Map of India:
What is the impact of the removal of article 370 and 35A in India? How it is good to Nation?
People who are not state Subjects of state would be able to purchase land in J&K enabling the growth of J&K in following sphere
- More Industries and jobs for locals.
- More educational/Health Institution in private sector.
- More Business establishments/MNCs/Bank/ will buy land and open its office here.
- More world class Hotel will be made giving boots to the tourism.
- More money flow and reviving the economy of J&K.
- Kashmiri girls can marry to any Indian and still can be Domicile of Kashmir. At present if a Kashmiri girl marries to a non- Kashmiri she will lose her identity as a Kashmiri, she will become non-kashmiri.
- Pakistan is having a free hand to pamper separatists and anti-India elements. Once this provision is removed accession of Kashmir with India will become a complete and pro-Pakistan element will be defeated and terrorist attacks by Pakistan will be automatically stop.
- One more is that every Kashmiri muslim citizen believes in fool’s paradise that with this provision they will gain independence and they will be a separate nation one day.
- People of Kashmiri have got 2 type of citizenship; That will end and everyone will be considered as a citizen of India.
- Insulting national symbols of India(National anthem, national flag, etc) in Jammu and Kashmir will all under the crime.
- Laws like Right to Information and Right to Education will also be implemented in Kashmir.
- People from other states will also be able to choose from the state government jobs.
- Kashmiri pandits will get the long impending justice.
People Reaction:
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