The decision to abolish Article 370 from the Constitution of India is going to be a bold move from the NDA-II government. The resolution was introduced in the Rajya Sabha to scrap Article 370, which came into force in November 1952, to grant special status to Jammu and Kashmir. Until August 4, 2019, Jammu and Kashmir is the only state in India, which has its own Constitution along with a separate flag.
Students who are aspiring for the competitive entrance examinations should give special attention to the latest updates on Article 370 to gain a good score in the general awareness or current affairs section. We have listed some of the developments through the past seven decades regarding Article 370 and Article 35A. One should know what will change in the Kashmir valley after scrapping Article 370.
What Is Article 370?
Article 370 in the Constitution of India is a ‘temporary provision' provided to grant autonomous status to Jammu and Kashmir. It also limits the power of Parliament to make laws for the J&K state. Article 370 was listed under Part XXI of the Constitution titled "Temporary, transitional and special provisions." It is categorised as a "temporary provision with respect to the State of Jammu and Kashmir."
What is Article 35A?
Article 35A was introduced in 1954. This article will define permanent residents of the region. This is the Article that halts outsiders to hold local government jobs, buying land and others. This is also referred to as the Permanent Residents Law. It also bars female residents in the state from property rights if they don't marry a person hailing from J&K.
Article 370 History
The ruler of Jammu and Kashmir, Hari Singh, signs the Instrument of Accession of J&K after an attack by the Pakistan Army in 1947.
With the intervention of the United Nations, they have ordered ceasefire and resolution to seek a plebiscite for the people of J&K in 1948.
Article 370 was incorporated in the Constitution in 1949.
In 1951, Sheikh Abdullah appointed as the Prime Minister of Jammu and Kashmir.
India and Pakistan locked their horns for the second time due to J&K in 1965. The war ends with UN call for a ceasefire.
In 1975, Sheikh Abdullah became Chief Minister to put his demand for the plebiscite and special status down.
Kargil on the Line of Control in 1999 between India and Pakistan because of border issue in J&K.
What Article 370 Say In Indian Constitution?
- The provisions of Article 238 will not be applicable in Jammu and Kashmir.
- Parliament's powers are limited to make laws in J&K State.
- Article 1 (India, that is Bharat, shall be a Union of States) shall apply in the state.
What After Scrapping Article 370?
- The Jammu & Kashmir will be divided into two states - (a) J&K (b) Ladhak. Both states will be Union Territories (UT), while Jammu and Kashmir will have a state Legislative Assembly.
- Except clause 1 of Article 370, i.e., Jammu and Kashmir is an integral part of India, all other clauses are null.
- The reservation policy will come into effect with the repeal of Article 370.
- The total assembly seats would be 83 (Kashmir: 46 and Jammu: 37) because Ladakh (4 seats) excluded.
- The tenure of the J&K Legislative Assembly is reduced to 5 years from 6 years.