The situation of Kashmir has been known to everyone. Whether it is about stone pelting or rise of terrorism in the valley, Kashmir has always been in News. If we will talk about the newest turn of events in Kashmir then it would be the removal of Article 370 and 35A by the government in Kashmir. A few hours ago, the home minister of India Amit Shah made a historic announcement in Rajya Sabha that Article 370 will be removed. This will be done via an executive decision to make the state bifurcated into two union territories that are Jammu and Kashmir with an assembly and Ladakh without any.
With this article removal, India will now have 9 union territories and 28 states. As Article 370 and 35A is a highlight, many people are now curious to know about them. So, here’s a guide that will let you know everything about Article 35A and 370. Let’s have a close look at each of them in a discreet way:
Know about Article 35A
In 1954, this Article 35A was incorporated in the Constitution by Presidential Order. Under this article, the citizens of Jammu and Kashmir have been given with special rights and privileges of the state’s permanent residency. Based on Article 370, 35A was a temporary provision that was included in the Constitution of India. Some of the main highlights of this article are listed below:
Article 35A gave the right to the J&K government to decide who can qualify for ‘permanent resident’. The permanent resident of J&K will be subjected to some special rights.
According to 35A, only permanent residents of J&K have the right to settle permanently or own any immovable property. Also, only permanent residents can avail the scholarship schemes that are state-sponsored.
Under 35A, the property rights of a woman will get denied if she marries anyone who is from any other state.
It doesn’t allow people from other states to own or buy any immovable property or settle permanently in J&K.
It disallows the companies to hire non-resident persons in the state.
Abrogation of Article 35A-Good news for the women residing in Kashmir
Needless to say, Article 35A was discriminatory for Kashmiri women. As per this law and provision, they will be disqualified from their state subject rights if they will marry a person who is not from the J&K state. They won’t be able to have any sort of property rights. Abrogation of 35A has brought a relief feeling to all those Kashmiri women.
Know about article 370
What is this Article 370?
Article 370 is a temporary provision that gives special autonomy to the Jammu and Kashmir state. Under this, all the provisions of the Constitution that are applicable to other states of the country are not applicable to J&K. You can understand this situation with an example that till 1965 there was only prime minister instead of the chief minister. Under 370, the Indian Parliament cannot decrease or increase the borders of the J&K state.
What was its history?
In 1949, Sheikh Abdullah who was the National Conference Leader took the control from the Maharaja Hari Singh of Dogra. After this, Sheikh Abdullah negotiated with New Delhi about the state’s political relation. This ultimately led to the introduction of 370 in the Indian Constitution. He also wanted and argued that Article 370 should not be included under temporary provisions of the Indian Constitution. For the state, he wanted to have ‘iron clad autonomy’ but the centre didn’t approve for it.
What provisions were included in Article 370?
Under this article, parliament will need the concurrence of the state government for applying and approval of any other law except for finance, foreign affairs, defense, and communications. Because of Article 370, the residents of the state were living under a separate and different set of laws. These laws were related to fundamental rights, property ownership, and citizenship.
This article also allows no power to the Centre when it comes to declaring a financial emergency. It can only declare the situation of emergency in the state when there is a case of external aggression or war.
As Article 370 has different sets of laws for the residents, Indian citizens from any other states cannot buy property or land in Jammu & Kashmir.
However, after the abrogation of Article 370 Jammu & Kashmir is no longer a state as earlier but has now become a union territory with a legislature. On the other hand, Ladakh will also become a union territory without a legislature. After J&K special rights and status are gone, people from any other state of India can now buy land and property in J&K.