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Removal of Article 370 and 35A of Jammu and Kashmir.

Removal of Article 370 and 35A of Jammu and Kashmir.

Finally, On 5 August 2019, India abrogated Article 370 and Article 35A of Jammu and Kashmir, which provides the special status to J&K. Now Jammu and Kashmir divided into two Union territories Jammu and Kashmir and Ladakh.  It has become a historical moment for India. Because after this Jammu and Kashmir will become the basic part of India and it will land under the authorization of the central government of India.

J&K has historical records connecting to India. But as the genre changed, J&K lost its sovereignty and versatility among the people. However, India’s decision over Article 370 may bring a change to the situation of J&K.

Overview of Jammu and Kashmir:

According to historical records, Jammu and Kashmir was the learning center of the world in the era of the Maurya Dynasties and other Indian dynasties. After Muslims ruled J&K and then, the British gave Jammu and Kashmir to Gulab Singh under the treaty of 1846 Amritsar. Hari Singh was the last king of J&K, who was not ready to merge with India and Pakistan. Because he wanted to make Jammu and Kashmir Switzerland of the world.

But During the partition, Hari Singh has signed the Standstill Agreement with Pakistan for the future perspective to merge with Pakistan. He also mentioned that if Any country invaded Jammu and Kashmir, then J&k would merge with the protector one. 

Pakistan reaction over Jammu and Kashmir:

But In October 1947, Muhammad Ali Jinnah ordered its army attack on Jammu and Kashmir and Pakistani Army did rapes, atrocities, genocide and etc in J&K. Then Hari Singh requested the Indian government for help and he signed the Instrument of Accession with India.
After this, the Indian government ordered its army to fight with the Pakistani Army. But, at the same time, Jawaharlal Nehru took this issue into the United Nation. However, that was the biggest failure for our nation to take the country matter into the UN. 

To combat the situation Ayyangar constituted Article 370 on the advice of Indian Prime minister Jawahar Lal Nehru and Sheikh Abdullah in 1949. Article 370 of J&K gives autonomous status to the state of Jammu and Kashmir. However, Article 370 was a temporary constitution and abrogated anytime with the permission of the state government of Jammu and Kashmir.

Reason to Abolition of Article 370:

1.   Even if, Article 370 gives special status and power to Jammu and Kashmir. But it always kept Jammu and Kashmir separated from India.
2.  Article 370 mentioned that Jammu and Kashmir will have different Flags and be respected as Indian Flags.
3.  If the Indian government have to implement any new norm in the state, first they had to pass that rule from the J&K government. 
4.  Supreme Court of India’s jurisdiction was not implemented there.
5.  If J&k women married Indian state men then their citizenship got canceled. But if they married Pakistani men then their citizenship remained active.
6.  Kashmiri Pandits were greatly harassed and forced to leave Jammu and Kashmir in 1990 and settled out of the state. Because there is a history that Hindus were in the minority population and the majority population of J&K. But its state government never delivered them any protection.

Also read – What is CAA, NRC and NPR?

Abrogation of Article 370 in J&K:

1.  According to Article 370, this could be abolished under the permission of the J&K government. But it was difficult to follow it. So the Indian government arrested the J&K-influenced personalities like Mehbooba Mufti, Omar Abdullah, Sajjad Lone & Imran Ansari in the House until further notification, and section 144 was forcefully imposed in the state also the army had been deployed.

2.  J&K was under presidential power and the governor power was active also in the state.  And, Article 370 also claimed that if the state government is not present, the state would be under the governor and in Presidential power. 
 
3.  After this, In the parliament, the Home Minister, Amit Shah declared that Article 370 would not be active after 5 August 2019 under the signature of our Indian President Ram Nath Kovind.  

4.  After the abrogation of Article 370, Jammu and Kashmir were divided into two Union Territories, Jammu and Kashmir, and Ladakh. Because they will be in the central authorization. 
5.  In J&K, there will be a legislative assembly but Ladakh will be in control of the Leftinant governance. Also, Jammu and Kashmir Reorganisation Bill was introduced by Amit Shah, the Minister of Home Affairs.

Changes after removal of Article 370: 

After the removal of Article 370, Jammu and Kashmir are completely integrated with India, because there will be only one Constitution all over India and a central government plan would be enacted in J&K.
138 law has been modified and 170 Central law has been applicable in J&K.
*  There would be single citizenship in India. Previously, Jammu and Kashmir citizenship had dual citizenship. 
Fundamental rights under part 3 of your constitution will now be applicable in J&K. 
The right to Education is now applicable now. Previously Right to Education was not part of J&K’s constitution. 
The right to Information will be enforced in J&K. 
*  Tourism will be enhanced and economic development will increase. 
Article 370 has gender-biased law that has more power to males compared to females. Now it has been abolished and gender biases are completely over. 
*  Article 35A also abrogated, which stopped other state people to buy land in J&K.
*  Now, J&K will have only one flag, i.e. Indian flag.

China and Pakistan’s reaction over Article 370 removal:

However, the NDA government has completed its promise to abrogate Article 370. But the abolition of Article 370 is not enough, because development and economic growth do matter for any state. 
However, when Article 370 was removed, when China did not react as India expected. Because India has declared Ladakh as the union territory of India. And Aksai Chin as part of Ladakh, which is in the territorial zone of China.

Pakistan reacted over this abolition of J&K. Even it took this matter to the United Nation and also presented this issue during the discussion between the USA and Pakistan conversation. But no country interacted in a dual country disputed matter.
According to the Indian government, more than 62000 families had been registered as Kashmiri refugees including some Sikh families. 
Ultimately, Jammu and Kashmir have become the complete part of India and we can just hope that the development of that state will be in prior to government.

Also read  – What was Article 370 and Article 35A?

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

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    Article 370 and 35A of Jammu and Kashmir - Bharti
    August 9, 2021 at 5:59 pm

    […] Also Read: Removal of Article 370 and Article 35A of Jammu and Kashmir […]

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