In a declaration with gigantic repercussions for Jammu and Kashmir, Home Minister Amit Shah has announced in Rajya Sabha that the government has chosen to nullification Article 370 of the Constitution which offers special status to J&K.
The government has likewise chosen to bifurcate the state into two Union regions – Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without an assembly. The government has imposed limitations under Section 144 of the CRPC in Srinagar area that became effective on Sunday 12 PM.
What is Article 35A?
Article 35A depends on Article 370, which ensures extraordinary status to Jammu and Kashmir.
Article 35A was incorporated in the constitution in 1954 by an order for President Rajendra Prasad on the advice of the Jawaharlal Nehru government.
Article 35A gives Jammu and Kashmir the privilege to choose who are its permanent residents are and give them special rights in government employments, on purchasing property in the state, scholarships and different schemes.
Jammu and Kashmir characterize its permanent residents as “persons born or settled within the state before 1911 or in the wake of having legitimately acquired immovable property and resident in the state for at least 10 years before that date.”
Children of women who wed outside the state lose their state subject rights. In 2002, the Jammu and Kashmir high court held that women married to non-permanent residents will not lose their rights.
Jammu and Kashmir parties state Article 35A ensures the identity of the individuals of the state and defends scholarships and jobs for state subjects.
What is Article 370 that the legislature has sought to revoke?
In 1949, PM Nehru had directed the leader of Kashmir Sheikh Abdullah to talk with Dr Ambedkar (then law minister) to make a draft of a suitable article to be included in the constitution of India. It (Article 370) was eventually drafted by Gopalaswami Ayyangar (minister without portfolio in the first Union Cabinet of India).
- As indicated by the Constitution of India, Article 370 gives temporary provisions to the territory of Jammu and Kashmir, conceding it special self-rule.
- The article says that the provisions of Article 238, which was discarded from the Constitution in 1956 when Indian states were rearranged, shall not apply to the province of Jammu and Kashmir.
- Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Transitional and Temporary Provisions.
- The first draft clarified “the Government of the State implies the person for the time being perceived by the President as the Maharaja of Jammu and Kashmir following up on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March 1948.”
- On November 15, 1952, it was changed to “the Government of the State implies the person for the time being recognised by the President on the suggestion of the Legislative Assembly of the State as the Sadr-I-Riyasat (presently Governor) of Jammu and Kashmir, following up on the counsel of the Council of Ministers of the State for the time being in office.”
- Under Article 370, the Indian Parliament can’t increase or decrease the borders of the state.