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Article 370 and 35A of Jammu and Kashmir

Article 370 and 35A of Jammu and Kashmir

Article 370 and Article 35A was the constitutional provision for Jammu and Kashmir, which provided autonomy to Jammu and Kashmir and their citizens. It was considered as the special status of Jammu and Kashmir in different states.

Jammu and Kashmir regional Information:

Jammu and Kashmir is a Union territory regional area of Indian administration. In which, Kashmir is a disputed area between India and Pakistan, and Ladakh is a disputed area between India and China.

Pakistan invaded Kashmir in 1971 during the Indo-Pakistan war and named it Azad Kashmir, which divided into Gilgit and Baltistan and it is separated by the Indian region by Line of control.
On the other side, China claims the eastern part of the Union territory of Ladakh, named Aksai Chin and it is separated by the Indian region by Line of Actual Control.

The Siachen Glacier is located in the Himalayan region of the eastern Karakoram range, controlled by the Indian army and the disputed region between India and Pakistan.
The Shaksgam Valley, also known as Trans-Karakoram Tract is also a part of Ladakh Union territory, Pakistan handed over this area to Pakistan in 1963.

How Jammu and Kashmir merge with Indian territory:

According to Historical Records, the Jammu and Kashmir region was first ruled by the Mauryan Empire. After then it became the centre point of learning spirituality for Buddhists. After, this region came under Muslim invaders and then the Sikh Empire. In the Anglo-Sikh war in 1845, Britishers annexed this region from Sikhs in 1846 and founded Dogra rulers, whose leader was Maharaja Gulab Singh, who became the first Maharaja or king of the princely state of Jammu & Kashmir.

At the time of Independence, the last king of the Dogra dynasty was Maharaja Hari Singh. And he decided not to merge with both Nation, India and Pakistan. But at the same time, The party of Sheikh Abdullah was active in the state and wanted democracy for the citizens of Jammu & Kashmir.

To resolve this problem, the provision of Article 370 was drafted by Sheikh Abdullah and decided to exempt it from the basic fundamental rights of India. After Independence, Sheikh Abdullah was appointed Chief Minister or Sadar-i-Riyasat of J&K by Maharaja Hari Singh and Jawahar Lal Nehru.

However, after becoming CM of J&K, Sheikh Abdullah contended that Article 370 should not be placed under the temporary provision, rather, it should be in the Ironclad Autonomy provision.

Dr BR Ambedkar was also against Article 370, but Jawahar Lal Nehru and Sheikh Abdullah ask Ambedkar to prepare a draft for 370. However, Article 370 was written by Gopalaswami Ayyangar.

What was Article 370 of Jammu & Kashmir:

Article 370 and Article 35A was the constitutional provision for Jammu & Kashmir, which provided autonomy to Jammu and Kashmir and their citizens. It was considered as the special status of Jammu & Kashmir in different states.

Also, Article 238 was omitted from the Indian Constitution in 1956. When Indian states were reorganised in its formation, does not apply to Jammu and Kashmir under Article 370.

Article 370 also mentioned that except for Defence, Foreign affairs and Communication, all the laws passed by the Indian parliament are mandatory to be passed by the J&K state government before its implementation in the state. However, this rule was described in the Instrument of Accession signed by Maharaja Hari Singh.

What was Article 35A of Jammu & Kashmir:

Article 35A was a special provision that provided special status to Jammu and Kashmir. It also contained some major points:

1. Employment in J&K will be under the state government.
2.  Acquisition of immovable property can be occurred only by J&K citizens.
3.  Permanent settlement in the state only for J&K citizens.
4.  Government facilities like Rights to scholarship and other forms of the facility by the state government.

The major point in Article 370 regarding state authority: 

1.  Along with Article 370, Article 5 stated the Indian Parliament does not have the right to amend the outline law of Jammu and Kashmir jurisdiction.
2.  The Delhi Agreement, 1952, also mentioned Jammu and Kashmir’s Flag in the addiction of the Indian Flag and it will have the same respect.
3.  Delhi Agreement also opposed Article 352, which is a proclamation of Emergency in Indian states by the President of India.

What kind of Privileges, Article 360 gave to Jammu and Kashmir citizens: 

1.  According to Article 370, only permanent residents of J&K can purchase land but other states may find difficulties.
2.  J&K citizens had dual citizenship. And the judgement of the Supreme Court of India was not valid in J&K due to Article 370.
3. J&K legislative assembly term was 6 years in J&K. Also, if J&K female married a person of any other state in India then citizenship of female would be over. But if 4.  she married Pakistani then she’ll be entitled to have citizenship of J&K. Because of 370, Right to Information, RTE, CBI, CAG does not apply in J&K.
5.  Shariat law is applicable to women in Kashmir. No rights to panchayats for minorities in Kashmir like Hindu-Sikh, do not get 16% reservation in J&K.

Negative Aspects of Article 370:

  • Because of Article 370, no proper medical facility is available in J&K.
  • Terrorism activity was high because of Pakistan’s claim over Kashmir.
  • Lack of electricity and water as well as no high-speed internet availability.
  • No opportunity for J&K’s students to appear in other state exams.
  • Installing industrial sectors was tough to set up in J&K.
  • Jammu was always ignored in comparison to Kashmir just because of having more internal issues in Kashmir.
  • Corruption was high in Jammu and Kashmir.
  • The worst rule of Jammu and Kashmir was, only Muslims could become Chief Minister of J&K. No Hindu allowed to become CM in J&K.
  • The progression rate of J&kaK is very slow
  • Participation of the non-muslim community in politics was not allowed.
  • Jobs as limited for Jammu and Kashmir citizens because of a lack of Industry.
  • Lack of control of the central government of India in J&K.

Positive aspects of Article 370:

  • In Jammu and Kashmir, there were lots of negative aspects but there are some positive aspects of Article 370.
  • Due to the limited population, the pollution rate was very low in the state.
  • Job competition was very less in the state as no other state can participate.
  • Their citizens are very dedicated to their culture and tradition, so due to having low interaction with another state, their culture was preserved.
  • No high profile company couldn’t be settled in the state, so local brands are highly promoted in the state.
  • The quality of their inland diversity is high.

However, Some points in Article 370 was Gender biased, as they disqualify the women in Jammu & Kashmir having the right of authority on property right. But this rule was drafted during the reign of the Maharaj Hari Singh era. 
Article 370 always separated Jammu & Kashmir from India, which affected the development process in the state. 

“Finally, on 5 August 2019, Article 370 was revoked as well as Article 35A and declared Jammu & Kashmir and Ladakh as the Union Territory of India.” 

Also read : Removal of Article 370 and 35 A of Jammu and Kashmir

 

One thought on “Article 370 and 35A of Jammu and Kashmir

  1. Reply
    Removal of Article 370 and 35A of Jammu and Kashmir. - Bharti
    August 19, 2021 at 6:45 pm

    […] Also read  – What was Article 370 and Article 35A? […]

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