Everything about Article 35A and 370

2 min read
Everything about Article 35A and 370

The market of discussions on Article 35A and 370 of the Constitution has again become hot. Actually, this discussion has started due to the deployment of additional security forces in Jammu and Kashmir.

The deployment of 38,000 additional security forces in New Delhi, Jammu and Kashmir and the state government’s appeal to tourists to leave Kashmir at the earliest, the market of speculation has become hot. The army and the government may have said to take this step in view of the possibility of a terrorist attack, but the political circles, especially in the state parties, have intensified and are demanding the Center to clarify the situation. He fears that the central government may take some decisions regarding Articles 35A and 370. Let’s know what article 35A and article 370 are talking about.

Article 35A
was added to the Constitution in 1954 through a presidential order. Article 35A empowers the Jammu and Kashmir Legislative Assembly to decide the definition of ‘permanent resident’ of the state. Under this, the citizens of Jammu and Kashmir have been given certain rights. Temporary residents are denied those rights. Temporary citizens can not sit permanently in Jammu and Kashmir and neither can buy property there. Temporary citizens cannot get government jobs and scholarships in Jammu and Kashmir. They also cannot be entitled to any kind of government help.

Article 370
After the accession to India, Sheikh Abdullah assumed power in Jammu and Kashmir. He spoke to the then Prime Minister Jawaharlal Nehru about the political relationship of Jammu and Kashmir. As a result of this conversation Article 370 was later added to the Constitution. Article 370 gives special rights to Jammu and Kashmir. According to Article 370, the Indian Parliament can legislate only three areas – defense, foreign affairs and communications in the case of Jammu and Kashmir. Apart from this, the central government needs the approval of the state government to implement any law.

Constitution of Jammu and Kashmir was made in 1956 and it defined the definition of permanent citizenship. According to this constitution, a permanent citizen is a person who was a citizen of the state on 14 May 1954 and has acquired the property in a legal manner. Apart from this, a person has been living in the state for 10 years or migrated from the state after March 1, 1947 (under today’s Pakistani border area), but returned to the state with a resettlement permit.

Why protest in Kashmir?
There is fear about the withdrawal of 35 A in Kashmiris. They think that with the end of this article, the people of the rest of India will also get the right to buy land in Jammu and Kashmir. They will also be entitled to jobs and other government help. This will change their population.

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