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What Is The Significance Of Article 370 And 35A And Why Are These Important For J&K?

What Is The Significance Of Articles 370 And 35A And Why Are These Important For J&K?
Written by Astha Sharma

Significance Of Articles 370 And 35A: There are rumors spreading which states that the Modi led government is set to demolish the Article 370 and Article 35A of the constitution. This section is preventing anyone to purchase the property in Jammu and Kashmir who is not a part of that state. Outsiders cannot even settle in the state. These spreading rumors were triggered by the reports of Centre which is completely deploying the additional 10000 paramilitary troops so as to address this likely fallout from the removal of this controversial Article 35A in J&K. The government has already said that these are the precautionary measures in the view of the terrorist threats.

The rumors have started reflecting the apprehensions in the Valley which are following the Home Minister Amit Shah’s pointed statement in the Parliament. It states that Article 370 deals with the special status of J&K which is temporary in nature and not permanent. Jammu wants the provision to get scrapped out from the constitution.

What Does the Two Article Mean?

Article 370

In the October 1947, Maharaja Hari Singh of Kashmir has signed the Instrument of Accession which focussed on the three subjects on which Jammu and Kashmir will be ready to transfer the powers to the government of India.

  1. Foreign Affairs
  2. Defense and
  3. Communication

In March 1948, the Maharaja has appointed the interim government in the state with Sheikh Abdullah as the prime minister. In July 1949, Sheikh Abdullah and the other three people who have joined the Indian Constituent Assembly. The special status has been given to the state of J&K which eventually led to the adoption of Article 370.

Provisions for Article 370

Parliament requires the nod from J&K government for applying the laws in the state. This is except for defense, foreign affairs, finance, and communications. The laws of citizenship and the other fundamental rights are different for the people of J&K than the other people in the country. It is also important to note that Article 370(1)(c) explicitly mentions that Article 1 of the Indian Constitution applies to Kashmir through Article 370. This article 370 is the one that has bound the state of J&K to the Indian Union.

What Is The Significance Of Articles 370 And 35A And Why Are These Important For J&K?

Temporary Provision or Not?

A petition which was filled by Kumari Vijaylakshmi Jha has already challenged the validity of the Article 370 against the Delhi High Court April 11, 2017 order.  The petition had said that the continuance of the temporary provision of the article 370 even after the dissolution of J&K is amounting to fraud which will be related to the basic structure of our constitution.

Article 35A

This article gives the legislature of J&K a full discretionary power to decide the permanent residents of the state. It grants them the special rights and the privileges regarding employment with the state government, acquisition of property in the state, settling in the state, and also the right to get scholarships and the other forms which the government.

What will happen if Article 35A is Repealed?

Replacement of Article 35A by the Supreme Court of India. Before this Article 35A was introduced to the Constitution of India, the Governor and the Chief Minister of Jammu and Kashmir were assigned with their post. The name of the dignitaries is the Sadr-e-Riyasat(President) and Wazir-e-Azam(Prime Minister). There is a possibility that if Article 35A is repealed then it would definitely lead J&K getting back to the same arrangement.

Which Parties are against the Removals of 35A and 370?

All the regional parties of the state including the National Conference, People’s Democratic Party, Jammu and Kashmir People’s Movement and others are opposed to any kind of tinkering with the Articles 35A and 370 that continues to give a special status to J&K. Congress leaders have also promoted the relationships with Jammu and Kashmir with the promises in these articles. While on the other side Bhartiya Janata Party(BJP) stands for the abolishment of these articles which argues that they are roadblocks not only to the integration of the state with the rest of our country and the development of J and K.

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Astha Sharma

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