What is article 370 of the Indian Constitution?
Article 370 of the Indian Constitution is an article that gives special status to the state of Jammu and Kashmir. The provision is mentioned in the Constitution as- Temporary, Transitional and Special Provisions. It states that the Constituent Assembly of Jammu and Kashmir, after its establishment, was authorized to recommend the articles of the Indian Constitution that should be implemented to the state or to revoke the Article 370 collectively. After the J&K Constituent Assembly later created the state’s Constitution and dissolved itself without recommending the abrogation of Article 370, the article was considered to have become a permanent feature of the Indian Constitution.
What is article 35A of the Indian Constitution?
Article 35A of the Indian Constitution was an article that authorized the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provide exclusive rights and privileges to those permanent inhabitants. It was annexed to the Constitution through a Presidential Order on 14 May 1954, exercising the powers conferred by the clause (1) of the Article 370 of the Indian Constitution, and with the concurrence of the Government of the State of Jammu and Kashmir.
The Union government on Monday moved a resolution in the Rajya Sabha to revoke Article 370 amid loud protests from opposition benches. Union home minister Amit Shah moved the decision in the backdrop of growing turmoil in Jammu and Kashmir.
Former finance minister Arun Jaitley says,
“The combination of a special status coupled with Article 35A acted against the interest of the people of Jammu and Kashmir. It prevented investment into the state. No major industries, no hotel chains, no private educational institutions, etc., came into the state.”
Also, he tweeted, however, said in a tweet
“A historical wrong has been undone today. Article 35A came through the back door without following the procedure under Article 368 of the Constitution of India. It had to go.”
Before the introduction of the bill, the Kashmir uproar shook the Rajya Sabha as Congress leader Ghulam Nabi Azad raised the current situation in Kashmir.
Ghulam Nabi Azad said in the Rajya Sabha,
“Entire Kashmir is under curfew with Section 144 being imposed in several districts. It’s a war-like situation with mobile phones and internet services shutdown. Three CMs are under house arrest. That should be discussed first.”
WHY Article 370 scrapped?
The government’s colossal step comes after a massive build-up of troops in the sensitive Kashmir Valley and a night where senior leaders including former Chief Ministers Omar Abdullah and Mehbooba Mufti were placed under house arrest.
Then the Internet and phone lines have been forced out of service in parts of Jammu and Kashmir. Thousands of paramilitary troops have been sent to Kashmir after the government said it was canceling the Amarnath Yatra, an annual pilgrimage, and asked tourists and outsiders to leave the state.
Politically acclaimed critics believe that Article 370 needs to be removed for a simple reason –whatever be the historical reasons for its injection into the Constitution, we can’t have a circumstance where some states are more equal than the others.
It is an abomination because the only real reason it is there is because Jammu and Kashmir happen to have a Muslim majority. It sends a wrong message to the Hindu majority for it confirms their belief that minorities can get away with anything. But the essence of Article 370, which means giving states more powers, should be stretched to all states. If this balancing is done, neither Kashmiris nor the rest of the Indian states should have a reason to complain.
Article 370 has always been the temporary provision in the Indian Constitution. Indian administered Kashmir was suffering from significant terror effects now and then. There’s a possibility that it would lead J&K back to the same arrangement.
The jurisdiction of SC and the Election Commission of India would also be halted. The legal control of the central government over J&K would be confined only to the matters of Defence, External Affairs, and Communication.
The removal of article 370- 35A comes with major consequences which will affect the Citizen of India in the following manner:
- The post of special state will be removed from the J& K.
- Jammu Kashmir will be regulated under the Indian Penal Code and not Ranbir Penal Code.
- A scrap of article 370 comes with the removal of article 35 A from J & K.
- A citizen of India will be able to purchase and own the land in Jammu and Kashmir.
- Citizens of India will be able to do business over there.
- The rest of the citizens of India will be able to work in government administration regulating in Jammu and Kashmir.
- Now, if a woman would marry someone outside the state, her citizenship would be considered central.
It is yet to say that if the take of the ruling government on the status of Jammu and Kashmir would eventually bring peace or not. However, it comes out as a new ray of hope that now the rest of India and J&K people would be able to maintain healthy relations among each other.
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