Scrapping of Article 370 and Article 35(a)

Alok Aanand

THE SCRAPPING OF ARTICLE 370 AND 35(a)

The territory of Jammu and Kashmir had joined India in 1947 formerly after the main land was split towards the finish of British principle. Jammu and Kashmir had always been a matter of conflict and dispute between India, Pakistan and China since the 1947. Article 370 of the Constitution had therefore undergone through a massive changes which had made the citizens rethink about. Today, in this blog of mine I am going to discuss on the Article 370 of the Constitution its changes and consequences. 

History of the Article 370- 

Article 370 was drafted under the part xxi of the constitution. Jammu and Kashmir became part of India after we have signed the instrument of accession, in the year 1947. In the year 1962, China acquired 10% of Kashmir and Pakistan acquires 30% of the Kashmir it meant that India had only 60% of Kashmir which they could cover. The main motive behind giving Article 370 a role was that they could show or support India over Pakistan. The special privileges were given to Jammu and Kashmir but it was clearly mentioned that these were the temporary provisions and does could be scrapped anytime by the order of the president. 

It is said that due to Article 370 there were a number of issues behind the under development of democratic factors and other development in the states Jammu and Kashmir. For example there was no manufacturing unit set up so that they could sell products in Jammu and Kashmir even the citizens from other states were not allowed to buy or sell any plot of land in Jammu and Kashmir. 

What does Article 370 does? 

Article 370 provides a special status to Jammu and Kashmir it says that other laws are not applicable to Jammu and Kashmir.  In spite of all these, it also says that Article 370 is a temporary provision, which could be scrapped. 

Article 370 was formulated in order to give Jammu and Kashmir the special facilities and provisions as for the presidential orders in the year 1954. The employment opportunities in Jammu and Kashmir were really less no industrial sector was set up hence no job were there and most of the youth took the path of terrorism, due to this. A huge number of corruptions were also recorded in Jammu and Kashmir. There was no growth of GDP as well. Women were favored less in comparison to the man. Hence Article 370 had always been an obstacle in the way of development in Jammu and Kashmir.

Procedure of removal of Article 370- 

It is said that the president has the power to remove it. He can remove Article 370 by a public notification and declare that it is no more applicable. The procedure of removal also included another rule that the permission from the constituent assembly of Jammu and Kashmir is necessary.

Now from this a question arises that if the procedure of removal was stated why were we not using it? 

In the removal procedure of Article 370 there is a statement of taking the permission from constituent assembly of J&K but unfortunately the constituent assembly was dissolved in the year 1957 itself. And as the constituent assembly did not exist itself, d this was a deadlock, and the problem in removal of Article 370 was coming in the way. Article 35(a) in order to fulfill the commitment of Article 370, President Doctor Rajendra Prasad had given a special order in 1954. Just like Article 370 differentiated between Jammu and Kashmir and other states in the same way Article 35(a) made discrimination among the citizens in Jammu and Kashmir. 

What was the main purpose of 35(a)? 

35(a) declares that the laws applicable in other states shall not be applicable for Jammu and Kashmir. Only the president and state assembly could decide which laws are applicable there. 35(a) also declared that which citizens are permanent residents and who are not. The permanent resident got facilities whereas the temporary residents were not allowed much of the facilities. They were discriminated in every ways. 

35(a) described permanent resident on the basis of three categories- 

· whoever was subject to state from 14th may 1954 

· forever was living there for 10 years coma or 

· someone who had lawfully acquired the immovable property. 

The constitution application to Jammu and Kashmir order 2019- On the 6th August 2019 

President Ram Nath Kovind used his power on the clause 1 of Article 370 and declared the previous Presidential order in the year 1954 by Dr Rajendra Prasad would be replaced, hence the order was replaced. At that time the Home Minister Amit Shah gave two resolutions before the parliament first resolution said, that Article 370 be made inoperative and second resolution said, that Jammu and Kashmir reorganization bill to be issued. And in the Article 367 clause 4 was included which was the interpretation of Article 370 it says that from now onwards the Constituent Assembly is of the same meaning as Legislative Assembly. The second resolution that is Jammu and Kashmir reorganization bill 

It said that there shall be two union territories – 

Sec 3 of the act includes Ladakh(Leh+Kargil) with no legislature 

Sec 4 includes Union territory Jammu and Kashmir with legislature. 

This historical change has given a lot of benefit to the citizens of Jammu and Kashmir-number which are- 

· One dual citizenship number 

· No special powers conferred 

· Article 356 and 360 applicable number 

· Only one flag that is the Indian flag number 

· Citizens from other states can now buy and sell properties in Jammu and Kashmir 

·  Reservation for minorities’ 

· Women could now transfer their properties in the name of the caves in Jammu and Kashmir. 

· Election after every 5 years. 

These Parliamentary provisions are that light of hope for the development and growth of the state which was an obstacle so far. The Parliament is of the view that by completely scrapping of Article 370 and 35(a) would bring a number of changes in the state of Jammu and Kashmir and the citizens would enjoy every right that they were deprived since so many years.