Revoking Article 370 and 35A: All one needs to know

All about the Article 370 and 35A

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About the Article 370

Image result for article 370

Article 370 was an article in the Constitution of India (written by Dr. B.R Ambedkar) which had some rules/regulations and gave special status to the former Indian state, Jammu & Kashmir. It was issued by former Indian President, Mr. Rajendra Prasad. Under this article, the state had a special status and rules/laws were quite different from rest of the country as there were following features:

  • A separate flag, emblem and anthem
There was a separate flag, emblem and anthem for the state. The Kashmiri flag(1952-2019) had a red background which symbolized the blood of martyrs or just symbolized workers and labourers. There was a white plough which symbolized peasants and three white lines represented the three regions of the state, Jammu, Kashmir and Ladakh.  of  Though, Indian flag, emblem and anthem was also followed.
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  • Parliaments cannot establish all laws
Apart from defence, foreign affair, financial and communication laws, the Parliament of India was not allowed to make laws without the consent of State Legislature of Jammu & Kashmir.
  • Dual citizenship with Pakistan
Image result for dual citizenship india pakistanIndia doesn’t allow dual citizenship with any of the country but only with Pakistan for Jammu & Kashmir it allowed. Pakistani Kashmiri males were allowed to have dual citizenship with India if they marry Indian Kashmiri females. This means, a Pakistani could have citizenship of his native country Pakistan as well as India.
  • Buying/selling/renting land not allowed
Image result for kashmir propertyNo one could buy any form of land in Jammu & Kashmir except the Kashmiris and people having permanent residency in the state.
  • No reservation for minorities

Image result for minoritiesThere are more than 96.4% Muslims in Kashmir (Jammu and Ladakh are excluded) where Hindus (less than 2.5%), Sikh ( less than 0.98%) and other religions (like Christians, Buddhist, Jains, Jews and atheists) are in minority. There was no reservation for them like there are reservations for minorities in other Indian states.

  • No financial emergencies
Image result for financial emergencyPresident of India could not impose financial emergencies in Jammu & Kashmir but could do so in rest of the parts of the country.
  • Losing Kashmiri advantages and the title
Image result for kashmiri female clipartIf a Kashmiri female married a non-Kashmiri male, she would lose the title of ‘Kashmiri’ and permanent residency of Jammu & Kashmir. She may also lose her property in the state family or government.

About Article 35A

Article 35A was an article in the Constitution of India (written by Dr. B.R Ambedkar) which had some rules/regulations and gave special status to the former Indian state, Jammu & Kashmir. It was issued by former Indian President, Mr. Rajendra Prasad. Under this article, the state had a special status and rules/laws were quite different from rest of the country as there were following features:

  • Right to scholarship and aid
Image result for kashmiri scholarshipKashmiris enjoyed special rights on certain scholarships and other forms of aid by the State Government of J&K affecting in equality.
  • Distinguish between permanent residents and non-permanent residents
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This Article distinguished between the Kashmiris and other Indians in terms of permanent residents as all Indians could not acquire permanent residency.

  • Reserved Government jobs

Image result for kashmir governmentGovernment jobs in any field were reserved for permanent residents of J&K (Kashmiris) only. Other Indians could not get any for them. In case of defense, officials and staff were only allowed to serve in the state if they got posting there, which was not permanent.

  • Settling and acquiring land not allowed
Image result for kashmir propertyNeither one could buy any form of land in Jammu & Kashmir except the Kashmiris and people having permanent residency in the state nor settle in the state.

Revoking of the Articles

Image result for article 370After some struggle and a lot of discussion and debate, the Indian government officially revoked Article 370 and Article 35A on August 5, 2019. This was a major decision taken by the nation.

After revoking the Articles

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After revoking the Article, all the laws/rules under this article are abolished and the former state Jammu & Kashmir, is now divided into two union territories, Kashmir and Ladakh.

Hence, India has 28 states and 9 union territories.
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