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What Are Articles 35A & 370?


05 August 2019

OMMCOM NEWS


Bhubaneswar: Since Jammu and Kashmir (J&K) has been an apple of discord since long and Articles 35A and 370 have been deemed to be virtually bones of contention in the political parlance, especially for the BJP-led NDA Government at the Centre now under the stewardship of Prime Minister Narendra Modi and Union Home Minister Amit Shah, let’s try to know what are the so-called two contentious Articles.

What Is Article 35A & Considered Sensitive For Jammu & Kashmir (J&K)?

1)   Article 35A of the Constitution of India defines permanent residents of Jammu and Kashmir.

2)   It prevents outsiders from owning property in the State and getting benefits including government jobs.

3)   Article 35A is a part of Article 370 which guarantees J&K its own Constitution.

4)   Article 35A was introduced by the then Jammu and Kashmir Raja Hari Singh in 1927 prevents outsiders from owning property and availing of benefits such as government employment.

5)   35A is a part of Article 370 - guarantees the State its own Constitution, flag and the right to handle its own laws except national & external security.

6)   Article 35A allows the Government to issue certificates to long-time residents of the State. People living in Jammu and Kashmir in 1954 as well as those having spent at least 10 years thereafter qualify as permanent residents.

What is Article 370 Constitution of India?

Article 370 of the Constitution of India is an article that gives autonomous status to the State of Jammu and Kashmir (J&K). The Article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions.

As of August 5, 2019, the article has been declared as abrogated by the Government of India, pending the signed approval of the President of India. The Constituent Assembly of Jammu and Kashmir (J&K), after its establishment, was empowered to recommend the Articles of the Constitution of India that should be applied to the State or to abrogate the Article 370 altogether.

After the J&K Constituent Assembly later created the State's Constitution and dissolved itself on January 25, 1957 without recommending the abrogation of Article 370 and thus, the Article was deemed to have become a permanent feature of the Indian Constitution.

Article 370 - Temporary provisions with respect to the State of Jammu and Kashmir:

(1) Notwithstanding anything contained in this Constitution,—

(a) The provisions of Article 238 shall not apply now in relation to the State of Jammu and Kashmir

(b) The power of Parliament to make laws for the said State shall be limited to —

(i) Those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and

(ii) Such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.

Explanation: For the purpose of this Article, the Government of the State means the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office.

(c) The provisions of Article 1 and of this Article shall apply in relation to that State;

(d) Such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:

Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:

Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.

(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second provision to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.

(3) Notwithstanding anything in the foregoing provisions of this Article, the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:

Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.