Article 370 and Article 35A Two Key Constitutional Provisions Scrapped by Indian Government

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After the merger in India, Maharaja Hari Singh of Jammu Kashmir talked about the political relationship of J & K with the then Prime Minister Jawaharlal Nehru. Later Article 370 was added to the constitution after this meeting. Article 370 gives special rights to Jammu and Kashmir.

Article 370 and Article 35A — that provide special status to Jammu and Kashmir. Also, the border state is set to be bifurcated into two separate Union Territories: Ladakh (without a Legislative Assembly), and J&K (legislative assembly with curtailed powers). Here’s what you need to know about Article 370 and Article 35A.

What is Article 370 ?

>> The citizens of Jammu and Kashmir have dual citizenship.
>> If a woman from Jammu and Kashmir marries a person from any other state in India, then that woman’s citizenship of Jammu and Kashmir will end.
>> If a Kashmiri woman marries a person from Pakistan, then her husband also gets the citizenship of Jammu and Kashmir.
>> Pakistanis living in Kashmir due to Article 370 also get Indian citizenship.
>> In Jammu and Kashmir, India’s national flag or national symbolism is not a crime offense. Here the orders of the Supreme Court of India are not valid.
>> The flag of Jammu and Kashmir is different.
>> People outside in Jammu and Kashmir cannot buy land.
>> Minority Hindus and Sikhs do not get 16 percent reservation in Kashmir.
>> Right to Information (RTI) in J & K due to Article 370 does not apply.
>> Right to Education (RTE) does not apply in Jammu and Kashmir.
>> Sharia law is applicable on women in Jammu and Kashmir.
>> The panchayat has no authority in Jammu and Kashmir.
>> The term of the Legislative Assembly of Jammu and Kashmir is 6 years, while the legislatures of other states of India have a term of 5 years.
>> India’s Parliament can make laws in a very limited area in relation to Jammu and Kashmir.
>> Even a peon working in Jammu and Kashmir gets a salary of only two and a half thousand rupees.

What is Article 35A?

35A is the Article of the Indian Constitution which has a special provision regarding the Jammu and Kashmir Legislative Assembly. This article gives the state the power to decide who is a permanent citizen there? However, the constitution of Jammu and Kashmir made in 1956 defined permanent citizenship. This article prevents the people from buying or buying any property in Jammu and Kashmir, who are not permanent residents.

Instead of seeing the whole thing from the perspective of politics, it makes lots of sense economically.

There should be a boost to tourism in Ladakh and better connectivity to this region. Till now most of the doles (financial packages) for the state were cornered by the Kashmir Valley. Now the UT will have a separate budget and spending will come directly from the Center. Better hotels and resorts could be developed as chains like Taj, ITC etc will now be able to buy and set up hotels and resorts here. Also, we will be able to improve the strategic infrastructure in the UT to counter the threats imposed by China.

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The Union Territories of Jammu and Kashmir will get more industries, and there would be a similar boost to tourism thanks to new hotel chains coming in. Food processing industry will get a boost and reduce waste leading to the creation of jobs. This would help reduce unemployment and hence lead to a reduction in the number of people available for hiring to the terrorist groups.


Golden Lining in the history of Indian politics or a Doomsday for Kashmir?

Government decides to repeal Articles 370 & 35A, J&K & Ladakh to be separate Union Territories, 10% reservation for economically backward sections of society in J&K as well.

Few things to learn from BJP government’s move:-

1. Always prepare well: 40,000 strong troops sent over the past 3-4 days to J&K.

2. Take precautionary measures: Section 144 imposed in Kashmir, tourists & Amarnath pilgrims urgently evacuated.

3. Strike when the iron is hot: Lok Sabha majority is leveraged & amendments are proposed directly at Rajya Sabha to become unstoppable.

4. Aggressively eliminate the opposition: Ex-CMs in house arrest, separatist leaders either imprisoned or ill, bifurcating J&K into 2 Union Territories so that Lt. Governor becomes completely answerable to Central government.

I won’t comment on the political aspects. However, a few questions to the people:

Why are people dancing on the roads, people who don’t even know or understand the demographics of J&K?

Why are people glorifying politicians & resorting to jingoism when the point of discussion must be the emotional state of J&K inhabitants, people who are actually affected?

Do you even understand them?

Landmark Bill in Indian Parliament :-

a) Article 370 and Article 35A to be revoked.
b) Jammu and kashmir no longer a state, but a #UnionTerritory.
c) Ladakh to be carved out as a separate #UnionTerritory.


What does it mean for the ex-state of Jammu and Kashmir?

1. Increase in #tourism to Ladakh with the stigma of violence gone?
2. Increase in Foreign Direct Investment with non-locals allowed to buy land and property?
3. Possible changes to the Demographics of the region?

Personally, while I believe that the changes will be good for businesses in the longer term, the implication on the human aspect will take time to manifest.

How do you see the impact?

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