For those who don’t know what was Article 35A and 370?
Article 370 gives Jammu and Kashmir an autonomous status, while Article 35 A was incorporated into the Constitution in 1954, which grants special rights and privileges to the citizens of the state.
What was Article 35A and 370?
History of Article 370
In October 1947, the then Maharaja of Kashmir Hari Singh signed the ‘Instrument of Accession‘, specifying three subjects, to which Jammu and Kashmir would transfer its powers to the Government of India:
- Defense Laws
- Foreign affairs
- Communications (internal and External)
In March 1948, the Maharaja Hari Singh appointed an interim government in the state with Sheikh Abdullah as Prime Minister.
In July 1949, Sheikh Abdullah and three other allies joined the Indian Constituent Assembly and negotiated the special status of Jammu and Kashmir, leading to the adoption of Article 370.
The controversial provision was drafted by Sheikh Abdullah.
What were the provisions of Article 370?
Parliament needs the Jammu and Kashmir government to enforce the law in the state – except defense, foreign affairs, finance and communications.
The law of citizenship, property ownership and fundamental rights of the residents of Jammu and Kashmir was different from the residents of the rest of India.
Under Article 370, citizens of other states cannot buy property in Jammu and Kashmir.
Under Article 370, the Center had no power to declare a financial emergency.
It was important to mention Article 370 (1) (c) clearly that Article 1 of the Indian Constitution applies to Kashmir through Article 370.
History of Article 35A
Article 35A was giving the Jammu and Kashmir Legislature full discretionary power to decide who were the ‘permanent residents’ of the state.
It was empowering them with employment with the state government, acquisition of property in the state, settling in the state and scholarships and other types of assistance that the state government provides.
It allowed the state legislature to impose any restriction on any person other than the above residents as permanent residents.
To guarantee these special rights and privileges, the Article states that no act of the state legislature falling under it can be challenged for violating the Constitution or any other law.
It was a historic day in the history of India when this article was removed and once again the obstacle which was dividing the country into 2 parts was removed.
Who has benefited from this ?
Each and every citizen of India has been benefited after removal of this Article.
Some of the benefits for the peoples outside Jammu and Kashmir are:
- They can buy and sell land in Jammu and Kashmir
- They can start any business in Jammu and Kashmir
- They can roam more freely and safely in Jammu and Kashmir now because it is directly under Center Control so the security is increased to a much extent.
- They can apply for the jobs in Jammu and Kashmir.
- The special treatments to the Jammu and Kashmir people will not be given now which increase equality of peoples in India.
- No fear from stone pelters. Now they will be only in stories and not in real life.
Some of the benefits for the peoples of Jammu and Kashmir are :
- They are free and fully independent now.
- They are directly under the Central Government so they will get all the benefits which they were deprived when there was Article 370 imposed.
- They will now live in a terror free zone.