“ARTICLE 370 GIVES SPECIAL POWERS TO JAMMU AND KASHMIR”

“ARTICLE 35A DEFINE PERMANENT RESIDENTS OF THE STATE”

INTRODUCTION
Article 370 brought because in 1947 we have signed an instrument of accession and said that
we will make a special provision for Jammu and Kashmir. From the date our constitution was
made since then Article 370 is a part of our constitution.
Article 370 provides a special status to Jammu and Kashmir. It says that the other laws of
India are not applicable in Jammu and Kashmir and special laws will be made for Jammu and
Kashmir specially but Article 370 also says that it is a temporary provision. Part 12 of the
Constitution of India deals with “Temporary, Transitional and special provisions” for the
State of Jammu and Kashmir. In this Article only the removal of this Article is also stated.
In removal procedure it is stated that, whenever if a president wants, he can issue a public
order or a public notification and can say that from today onwards Article 370 is not
applicable but before issuing this order, he has to take permission from the constituent
assembly of Jammu and Kashmir.
In 1954 Dr. Rajendra Prasad issued a Presidential Order and from there onwards Article 35A
came into existence.
While Article 35A created a discrimination among the people living in Jammu and Kashmir.
This Article says that all that laws which other states of our country follows will not be
applicable in Jammu and Kashmir.
President along with State assembly will decide that which are the laws that will be
applicable in Jammu and Kashmir.
Secondly Article 35A is that provision by which it is decided that who the permanent resident
of that state is and who are not. The people who are considered as permanent resident of
Jammu and Kashmir they have special rights and given many privileges and those who are
not permanent resident of there has to face many difficulties over there.

HOW TO DECIDE THAT WHO IS PERMANENT RESIDENT AND

WHO IS NOT?
It is decide through Article 35A and the Constitution of Jammu and Kashmir.
It tells that the people who are state subject of that state from 14th May 1954 or the people
who are living there since 10 years or more or the people who had lawfully acquired an
immovable property there only that people will be considered as permanent resident and
others will not.
ARTICLE 35A DIFFICULTIES
o This provision is very discriminating for women’s. This provision and constitution of
Jammu and Kashmir states that if any Kashmiri women marries to an outsider or a non
Kashmiri then she will not be able to use property rights of her anymore.
But in 2002 according to the statement of Supreme Court it is stated that the property rights
of Kashmiri women will be as it is but she will not be able to transfer it to her kids.
o Any government jobs over there and higher education or any land, these facilities were
for the people who are permanent resident over there and non-permanent resident and
over people from other states cannot avail those facilities over there.
o The people who are minority and Dalit they face a lot of discrimination problems because
of this provision only.

HISTORY
In 1954 president Dr. Rajendra had issued a presidential order which name was “The
Constitution(Application to Jammu and Kashmir) order 1954” from this order only Article
35A and Constitution of Jammu and Kashmir came into existence. On 5 th Aug 2019 President
Ram Nath Kovind used his power on the Clause 1 of Article 370 issued another presidential
order on this. The name of this presidential order was “The Constitution (Application to
Jammu and Kashmir) order 2019”.
Firstly the presidential order of 2019 will overwrite or replace the order of 1954 with the
immediate effect. So the presidential order of 2019 replaced the order of 1954. So the
moment since it was replaced the order of 1954 the existence of that order came to an end and
along with that Article 35A and the Constitution of Jammu and Kashmir was finished, it
seized to exist.
When the presidential order of 2019 was released, soon after that home minister Amit Shah
proposed 2 Resolutions, firstly he said that because of Article 370 discrimination issue is
going all around that’s why we should bring such changes in Article 370 that it would get
inoperative. Article 370 shall not be able to applicable.
Secondly he proposed Jammu and Kashmir reorganization bill while proposing these
resolutions the Home Minister said that because of Article 370 democracy is not coming to
full existence in Jammu and Kashmir and state development is withheld.
It was written in Article 370 that if you want to remove Article 370 then first you have to take
permission from the constituent assembly and if constituent assembly was not there then it
will be a dead lock for them but the presidential order of 2019 finished that dead lock. The
new presidential order added clause (4) in Article 367. Therefore 4 changes were made in
Article 370.
Article 367 is the interpretation clause of Article 370 which says that the word constituent
assembly used in Article 370 from now onwards it will be known as legislative assembly. So
the dead lock of constituent assembly was finished by this.
After that we come to second resolution, Jammu and Kashmir reorganization bill Section 3
says that a new union territory will be made which will comprise the region of Ladakh.
(Kargil+Leh)
And Section 4 of this says that a new union territory named Jammu and Kashmir will be
made.
Ladakh’s territory will be without legislature body and Kashmir’s will be with legislature.

IMPACT AFTER REMOVAL OF ARTICLE 35 A AND CHANGES IN

ARTICLE 370
o In place of dual citizenship there will be single citizenship now.
o Special status and powers are removed.
o No separate flag will be there only tricolour flag will be there.
o Instead of separate constitution, constitution of India will be applicable since now.
o Women’s facing discrimination of property, will now be able to transfer their properties
to their child as well.
o The prohibition against minorities and other classes over there has also been removed.
o Article 356 and 360 are now applicable.
o People from across the country can now buy land/ settle in Jammu and Kashmir.
CONCLUSION
Indian government has recently remove the special status that was given to Jammu and
Kashmir and made them into two Union territories. This may turn into both good and bad.
This is one of the good and confront move to settle the land dispute between India and
Pakistan. At the same time this is one of the bad move when everyone across the country are
fearing about Hindu hatred. Also after removing this major impact was upon the citizens of
the Jammu and Kashmir that they should be treated equally i.e., there shouldn’t be any
prohibition against the minority people and other backward classes over there. Also the
Kashmiri women’s have their full rights over their property. At the concluding statement I
would like to say that after removing this special status there will be peace and less terrorism
in Jammu and Kashmir.