Polity & Governance

Current Affairs

Art – 370 and Art -35-A revoked from J&K by Government of India-

  • The government stunned everyone by saying it was revoking nearly all of Article 370.
  • The government revoked Article 370 which gave special status to Jammu and Kashmir and proposed that the state be bifurcated into two union territories, Jammu and Kashmir and Ladakh.
  • Amit Shah (Minister of Home Affairs), who introduced the Jammu and Kashmir ReorganisationBill, said the Union territory in Ladakh will have no legislature like Chandigarh. The other union territory of Jammu and Kashmir will have a legislature like Delhi and Puducherry.
  • Shah moved the resolution to abolish Article 370 as well as the state reorganisation bill along with listed bills to extend reservation for economically weaker sections in educational institutions and government jobs in Jammu and Kashmir.

About Article 370:

  • Article 370 is an article under part XXI of the Constitution of India. This article was drafted by Sheikh Abdulla in 1947, who was the then Prime Minister of Jammu & Kashmir.
  • The article deals with the “Temporary, Transitional and Special provisions” and is a temporary provision that commits to providing special autonomous status to the Indian state “Jammu & Kashmir”.
  • According to the article, J&K don’t come under the provisions of the Constitution which apply to all other states. For example: till 1965, J&K was having“Sadr-e-Riyasat”in place of “the Governor” and “Prime Minister” instead of “the Chief Minister”.

Article 370 gives the following rights and facilities to the citizens of J & K-

  •       Jammu & Kashmir; is an integral part of the Indian Union. But its area, name and boundary can’t be altered without the consent of the state assembly.
  •       According to this article, the central government has to get approval from the state government to implement all other laws except defense, foreign affairs and communication in the state.
  •       Jammu and Kashmir has its constitution because of article 370 and its administration is run accordingly not according to the Constitution of India.
  •       J & K has 2 flags; One of Kashmir and another is India’s Tricolor flag.
  •       The citizens of other Indian states cannot buy any property or kind of any property in this state. It means the fundamental right to property is still in force in this state.
  •       The people of Jammu and Kashmir have two types of citizenship. One is Indian citizenship and another is Kashmiri citizenship.
  •       If a Kashmiri woman marries an Indian, then her Kashmiri citizenship terminates, but if she marries a Pakistani, it does not affect her citizenship status.
  •       If a Pakistani boy marries a Kashmiri girl, he gets Indian citizenship too while Indians don’t have this privilege.
  •       Part 4 of the Indian Constitution (Directive Principal of State Policy) and Part 4A (Fundamental Duties) are not applicable in this State.
  •       It means the citizens of Kashmir are not bound to save the cow, maintain the dignity of the women and respect the National Flag of India.
  •       One of the most shocking right is that Insulting National Symbols of India (National Anthem, National Flag etc.) in J & K does not fall under the category of crime.
  •       The President of India does not have power to declare financial emergency in the state.
  •       Any amendment in the Constitution of India does not apply automatically to J & K unless a special order of President is not passed.
  •       The Central government can impose National Emergency in the state in two conditions only; war and external invasion.
  •       The President has no power to suspend the constitution of the state on the ground of failure to comply with the directions given by him.
  •       If the national emergency is imposed in the country on the basis of internal disturbance; this emergency is not applicable in the Jammu and Kashmir until it is approved by the state government.
  •       The Central Government cannot impose National Emergency in the state on the basis of internal disturbance in the state. The central government must take the permission of state government before doing so.
  •       Only the resident of the Kashmir can take selection in the jobs of the state government.

Why did the government do it?

  • Prime Minister Narendra Modi and the Hindu nationalist Bharatiya Janata Party had long opposed Article 370 and revoking it was in the party’s 2019 election manifesto.
  • They argued it needed to be scrapped to integrate Kashmir and put it on the same footing as the rest of India. After returning to power with a massive mandate in the April-May general elections, the government lost no time in acting on its pledge.

What’s changed on the ground?

  • Kashmir will no longer have a separate constitution but will have to abide by the Indian constitution much like any other state.
  • All Indian laws will be automatically applicable to Kashmiris, and people from outside the state will be able to buy property there.
  • The government says this will bring development to the region. The government is also moving to break up the state into two smaller, federally administered territories. One region will combine Muslim-majority Kashmir and Hindu-majority Jammu. The other is Buddhist-majority Ladakh, which is culturally and historically close to Tibet.

Its effects on citizens of India:

  • Article 370was providing special autonomous status to the Indian state “Jammu & Kashmir”.Now, the government’s decision to revoke article 370 will revoke the special provision which grants power to J&K to have its own constitution. As a result, J&K will have to adhere to the constitution of India much like the rest of the country and people from outside J&K will be able to buy property in the state and settle here.

What is Article 35-A?

  • Article 35-A provides power to the legislature of Jammu & Kashmirto define the permanent residencyin the state. It was inserted through the Constitution (Application to Jammu and Kashmir) Order, 1954, which was issued by President Rajendra Prasad under Article 370, on the the advice of the Nehru-led Union Government.)
  • Article 35-A provides special rights and privileges to the citizens of Jammu and Kashmirand disallows people from outside the statefrom purchasing any immovable property, acquiring land, applying for government jobs, any type of aid & scholarships and public welfare projects in the state of Jammu and Kashmir.