Article 370 and Article 35 (A) Revoked

By | September 2, 2019

Article-370

The provision was drafted in 1947 by Sheikh Abdullah, who had by then been appointed a prime minister of Jammu & Kashmir by Maharaja Hari Singh and Jawahar Lal Nehru. Article 370 of the Indian Constitution is a temporary provision’ which grants special autonomous status to Jammu & Kashmir. Under Part XXI of the Constitution of India, which deals with Temporary, Transitional and Special provisions, the state of Jammu & Kashmir has been accorded special status under Article 370. All the provisions of the Constitution which are applicable to other states are not applicable to J&K. For example, till 1965, J8&K had a Sadr-e-Riyasat for governor and prime minister in place of the chief minister.

  • On August 5, 2019, the President of India promulgated The Constitution (Application to Jammu and Kashmir) Order, 2019.
  • The order effectively abrogates the special status accorded to Jammu and Kashmir under the provision of Article-370 whereby provisions of the Constitution which were applicable to other states were not applicable to Jammu and Kashmir (J&K).
  • According to the Order, provisions of the Indian Constitution are now applicable in the State. This Order comes into force ‘at once, and shall ‘supersede the Constitution (Application to Jammu and Kashmir) Order, 1954.
  • Jammu and Kashmir will not be a state it will a Union Territory now. Special features like a separate constitution, separate flag, and separate status will no more after repealing Article 370.
  • With the removal of Article 370, Article 35A will be also scrapped. Now, people from other states may also buy or purchase land and settle there.
  • Jammu and Kashmir will be reorganized and will no longer be a state. Ladakh will be a Union territory without an assembly and Jammu and Kashmir will be a Union Territory with an assembly, under recommendation. There will be two Lieutenant Governors when this provision will come into the force.

Article 35A

  • Article 35A was incorporated into the Constitution in 1954 by order of the then President Rajendra Prasad as advised by the Jawaharlal Nehru Cabinet. This controversial order of 1954 followed the 1952 Delhi Agreement entered into between Nehru and the then Prime Minister of Jammu and Kashmir Sheikh Abdullah, which led to the extension of Indian citizenship to the State subjects of Jammu and Kashmir.
  • Article 35A is a unique provision included in the Indian constitution that bestowed Jammu and Kashmir Legislature complete freedom to decide about the permanent residents of the State. It gives the permanent residents special rights and privileges regarding the acquisition of property in the state, in public sector jobs, scholarships and other public aid and welfare.

Changes after Revoking

  • With the scrapping provisions of article 370, the separate Constitution ceases to exist.
  • There would be no separate flag for the state.
  • Indian citizens from other states of the country can buy and sell property in J&K.
  • The separate Ranbir Penal Code (RPC) will give way to the Indian Penal Code. The separate state constitution allowed a separate penal code for Jammu and Kashmir. With separate constitution gone, the Indian Penal Code will supersede the RPC.
  • The Parliament can implement any law without the state’s approval which also includes changing the state’s name and its boundaries.
  • J&K is a Union Territory now with legislature while Ladakh is an independent Union Territory without any legislature.
  • Central laws can directly be applied and it can declare financial emergencies under article 360 in J&K.
  • There will be no separate laws for the citizens of J&K. It will be the same as the rest of the country.
  • The Fundamental Rights of the people of J&K will be the same as enjoyed by the Indian citizens of other states.
  • The citizens have just one citizenship which will be prevalent to all other citizens of the state.
  • There will be no separate constitution for J&K and its citizens.
  • The sectors of education and employment will open up to all Indians without any discrimination that Article 35 brought by means of the clause of permanent residents.

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