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What is Article 370 and 35A? Decoding Article 35A and Article 370

What is Article 370 and how does it facilitate to Citizens of Jammu & Kashmir?

What is Article 370 and 35A? Article 35A nowadays comes in highlight. Especially, after becoming Home minister of Amit Sah. He visited in Jammu and Kashmir before some days ago. Let us tell you that the Indian Constitution of Article 35A granted the Legislature of Jammu and Kashmir the complete freedom to decide who will be the Permanent Residents of the state JK.

On the other hand article 370 of the Indian Constitution provides special status to Jammu and Kashmir. The present Government wishes to abolish both the articles. According to the present government, Article 35A is an obstacle in the development of the state.

Let us tell you that after the National Conference, & People’s Democratic Party (PDP) had said that if the central government does not clear its stand on section 35A, then its party will boycott the upcoming elections.

After all, what is 35A about which Jammu and Kashmir parties are asking the Government of India to clear its stand. Let us read more about Article 35A and its important provision.

What is Article 370?

– Special status to the state of Jammu and Kashmir in the Constitution.

– This was added to the Constitution by the order of the President of 1954

– Under this, the identity of permanent residents of the state

– Outsiders cannot buy property in Jammu and Kashmir

– The outsider can not employ in J & K.

What are the main provisions in Article 370 & 35A?

1) A person who is not a Permanent Resident of Jammu and Kashmir can’t own property there.

2) A resident of any other state of India cannot become a Permanent Resident of Jammu and Kashmir and therefore cannot cast vote there.

3) It forbids Indian citizens from acquiring immovable properties and can’t seek employment in the state.

4) If a girl of Jammu and Kashmir marries a person who does not hold a permanent resident certificate of J&K, then she would lose her property right and their children also become ineligible to claim the property of their mother.

5) According to the constitution of Jammu and Kashmir, a permanent citizen is a person who was a citizen of the state on 14 May 1954 or has been living in the state for 10 years before that and has acquired property there.

6) It conflicts with fundamental rights under Article 14, 19 and 21 of the Constitution.

7) Article 35A also adversely affects the economic development of the state (Ans: due to Private sector investment suffers because of permanent resident status )

8) Meritorious students are denied scholarships and they cannot even seek redress in any court of law.

9) Also, the issues regarding refugees who migrated to J&K during Partition are still not treated as “State subjects” under the Jammu and Kashmir Constitution.

10) Article 35A was inserted unconstitutionally, bypassing Article 368 which empowers only Parliament to amend the Constitution.

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