India Revoked Article 370 and Article 35A From Kashmir
Indian Government Revoked Article 370 and Article 35A from Kashmir. In the Indian Parliament ( Lok Sabha ) today, The union minister Amit Shah proposed to remove Article 370 and Article 35A from Kashmir. The members of ruling party BJP voted in the favour of Abolishing Article 35A and pushed to remove Article 370. These articles give special status to Indian occupied Kashmir. And Kashmiri people have some special status. After removing these articles Indian occupied Kashmir becomes Union territory of India.
Since past week activities of Indian government were signalling that any big thing is going to happen in Kashmir. Indian government just sent 25,000 fresh troops in Occupy Kashmir valley. There was intense firing exchange and shelling on LOC ( line of Control Between India and Pakistan). After revoking the Arctic 370 and Article 35A, Indian army implemented Article 144 (an Emergency order which imposes Curfew) in the valley. Many Kashmiri freedom leaders are held in house arrest.
Mehbooba Mufti also marked the decision of the Indian government to revoke Article 370 as illegal and unconstitutional.
“Today marked the darkest day in indian democracy”
Mehbooba Mufti tweeted after abolishing Article 370 and Article 35A.
Wife of Independent movement Leader Yasin malik also reacted on the decision of the Indian government. Mushaal Hussein Mullick said in her video message that “it is the darkest day in the history, the abrogation of Article 370 and 35 A by the government of India“.
What is Article 370 and Article 35A of the Indian constitution?
Article 370 and Article 35A both are special articles of Indian constitution for Jammu and Kashmir. According to these Articles of Indian constitution, Jammu and Kashmir is not a union territory of India. But it has special autonomy. Main Difference between Article 370 and 35 A is that Article 370 gives special status to Jammu and Kashmir but 35A gives special rights to the people of Kashmir. Let us explain both Articles one by one.
Article 370 of the Indian constitution
Without going to the history of Kashmir since the separation of India and Pakistan in 1947, and how Kashmiri people did not wish to merge into India, we will directly go to the details of this special Article 370.
Article 370 gives Autonomy to the State of Jammu and Kashmir and its people.
The Article says that Jammu and Kashmir will have its own constitution.
Supreme court of India has no Jurisdiction in J&K.
The people of J&K will enjoy dual citizenship status. The citizenship of India and enhanced citizenship of Jammu and Kashmir with special rights.
The Article became operative in 1952 and implemented in 1957.
Article 370 was drafted in Part 21 of the constitution: temporary, transitional and special provision.
The constituent assembly of Jammu and Kashmir after its establishment was empowered to recommend the articles of the Indian constitution that should be applied to the state or to abrogate Article 370 altogether.
The government of India can not interfere in the matters of state of Kashmir excluding defence, telecommunications and foreign affairs.
The official language of J&K is Urdu instead of Hindi.
The government flags of J&K is separate than the national flag of India.
The provision says that If State Assembly of Jammu and Kashmir desires, they can abrogate Article 370.
Government of India can not impose a financial emergency in J&K. But if State’s machinery fails then the central government can impose the state emergency.
Article 35A of Indian constitution
Article 35A of the Indian constitution is an article that empowers the Jammu and Kashmir state’s legislature to define “permanent resident” of the state and provides special rights and privileges to those permanent residents.
It was added to the constitution through a presidential order, i.e., The Constitution (Application to Jammu and Kashmir) Order 1954_ issued by the President of India “Dr RAJENDRA PRASAD” 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.
Prior to 1947, Jammu and Kashmir were Princely State under the British Paramountcy. The people of the Princely States were “State subjects”, not British colonial subjects.
In simple words, only a permanent citizen can own or buy the land. Article 35A states that a person resides in Jammu and Kashmir since before 1944 will be considered as a permanent citizen.
Only a permanent citizen can buy the lands in Jammu and Kashmir but any person moving to Kashmir from any part of the world can not buy the land even if he gets marry with any Girl holding permanent citizenship.
Only the permanent citizen can vote in State Assembly’s elections.
The government jobs and scholarship will be a lot to only permanent citizens of Jammu and Kashmir.
If a woman gets marry outside the state of Jammu and Kashmir will lose the rights of permanent citizenship. But these rights were restored in 2002. But the children of that woman will not be considered as permanent citizen of Jammu and Kashmir.
Any immigrants migrated from Pakistan at the time of separation l or later on will not able to get permanent citizenship.
Indian law makers put objections on this article and call the Article 35A illegal. Because it was never presented in the parliament. That means “The president of India bypassed the parliament in this order to add Article 35A. That’s why this article violates the Indian constitution amendments procedures prescribed in article 368 of the Indian constitution.