Justice: Article 370 and 35A

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Union Home Minister Amit Shah has announced the scrapping of Article 370 of the Constitution, which provides a special status to the state of Jammu and Kashmir.

1-)Kashmir MODI:FIED

With the help of Bharatiya Janata Party [BJP] led central government could abolish or try to amend Article 35A and article 370, which give a special status to Jammu & Kashmir, there is a lot of confusion as to what these two statutes entail. Political parties on either side of the debate have voiced their opinion, with some calling with Article 35A , while others have supported the idea calling it a move to unify of the country.

2-)What is Article 370?

Included in the Constitution on October 17, 1949, Article 370 exempts J&K from the Indian Constitution and permits the state to draft its own Constitution. It restricts Parliament’s legislative powers in respect of J&K. For extending a central law on subjects included in the Instrument of Accession ."consultation" with the state government is needed. But for extending it to other matters, "concurrence" of the state government is mandatory. The IoA came into play when the Indian Independence Act, 1947 divided British India into India and Pakistan.

3-)What is Article 35A?
Article 35A stems from Article 370, having been introduced through a Presidential Order in 1954. Article 35A is unique in the sense that it does not appear in the main body of the Constitution Article 35 is immediately followed by Article 36 but comes up in Appendix I. Article 35A empowers the J&K legislature to define the state’s permanent residents and their special rights and privileges.

4-)After Article 370 and 35A?

After Kashmir's special status is gone, people from anywhere in India be able to buy property and permanently settle in the state. This has fuelled fear in the mind of Kashmiris they think it would lead to the state's demographic transformation.

Ladakh region is also being given the status of a Union Territory, without legislature.The Ladakh division has a large area but is sparsely populated with a very difficult terrain. There has been a long-pending demand of people of Ladakh to give it a Union Territory status to enable them to realize their aspiration.

A separate Union Territory will be created for Jammu & Kashmir with legislature, Amit Shah has revealed via a notification. Keeping in view the prevailing internal security situation, fuelled by cross-border terrorism in the existing state of Jammu & Kashmir, a seperate Union Territory is being created.

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