What Is Article 370 ?, Explanation Advantages And Disadvantages Of Article 370
Now Article 35-A is become a part of History. On 05 August, 2019 will mark as a Red Letter Day in History when the BJP Government headed by Shri Amit shah took a decision to snap Article 370 by issuing a Presidential Notification. Bill was presented in Rajya Sabha on same day and it is passed. Also passed in Lok Sabha also on 06 August, 2019 and got Presidential shri Narendra modi signature on 07 August, 2019. Article 35-A had to go automatically on abolition of Article 370, because it was just an extended portion based on Article 370.
Now The state Jammu and Kashmir will become an Union Territory with Legislative Assembly and Ladakh Region is separated and became an Union Territory without Legislative Assembly. Although the Article 370 will remain in the Constitution having only one part which says “Jammu and Kashmir is an integral part of India“. This part will have no negative repercussion in the constitution.
In October 1949, the Maharaja of Kashmir, Shr. Hari Singh, signed an Instrument of Accession that specified 3 subjects on which Jammu & Kashmir would transfer it’s power to the government of India:
- Foreign affairs
On March 1948, the Maharaja of the sate appointed an interim government in the state, with Sheikh Abdullah as prime minister. On July 1949, Sheikh Abdullah and three other colleagues joined the Indian Constituent Assembly and negotiated the special status to a Jammu & Kashmir, leading to the adoption of Article 370. The controversial provision was drafted by Sheikh Abdullah.
What is Article 370 ?
The article was included in the Indian Constitution on October 17, 1949, and granted it’s a special or different status which allowed the state an exemption from the Constitution of India and permitted it to draft it’s own Constitution, granting it some autonomy i.e. follow only our rules and regulation.
The Article 370 though a “temporary provision” restricted the Parliament’s power in Jammu and Kashmir, unlike other states governed by the Indian Union. However, it granted the central government authority over matters of external affairs, defence and communication of the state. Now the Unlike other states, the Centre did not have the power to alter the boundaries of the state.
The Article 35 (A) of the Indian Constitution, which the stemmed out of Article 370, give powers to the state Assembly to define permanent residents of the state, their special rights and privileges. It is also stated that the non-permanent residents could not acquire immovable property in Jammu and Kashmir, or apply and get government employment, scholarships or other aids provided by the state government.
However, in certain ways, Article 370 also reduced J&K’s powers in comparison to other states. In fact the Centre has used Article 370 a number of times to amend a number of provisions of Jammu and Kashmir’s Constitution.
“What Is Article 370 ?, Explanation Advantages And Disadvantages Of Article 370“
What is Article 35 (A) ?
The article 370 along with Article 35 (A) defined that the Jammu and Kashmir state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, and many other right it ,means that it is an autonomous compared to a resident of other Indian states.
- Now Under this provision, Indian citizens from other states cannot purchase land or property in Jammu & Kashmir but the resident of jammu & kashmir can buy any property any where in the India.
- The Article 35 (A) was introduced a presidential order that’s why in 1954 to continue the old provisions of the territory regulations under The Article 370 of the Indian constitution.
- The article 35A permits the local legislature in Indian-administered jammu & Kashmir to define permanent residents of the region.
- It’s the forbids outsiders from permanently settling, buying land, holding local government jobs or winning education scholarships in the region etc.
- This article 35 (A), Female residents of the Jammu and Kashmir from property rights in the event that they marry a person from outside the state. The provision also extends to such women’s children.
- While Article 35A has remained unchanged, some aspects of Article 370 have been diluted over the decades.
- Critics of Article 35A say the provision did not have any parliamentary sanction, and that it discriminates against women.
What changes in J & K after Article 370 banned?
|Special powers exercised by J&K||No special powers now|
|Dual citizenship||Single citizenship|
|Separate flag for Jammu & Kashmir||Only Tricoloured Flag|
|Article 360 (Financial Emergency) not applicable||Article 360 will be applicable|
|No reservation for minorities such as Hindus and Sikhs||Minorities will be eligible for 16% reservation|
|Indian citizens from other states cannot buy land or property in J&K||Other State people able to purchase land or property in J&K|
|RTI not applicable||RTI will be applicable|
|Duration of Legislative Assembly for 6 years||Now for 5 years|
|If a woman from J&K marries out of state, she would lose the citizenship of the state||She will still retain all her rights and Indian citizenship.|
|Panchayats did not have any rights||Panchayats will the same rights as in other states|
|Right to Education (RTE) was not applicable||Children in the state will benefit from RTE|
|Part 4 of the Indian Constitution (Directive Principle of State Policy), Fundamental Duties are not applicable in this State||DPSP appl|
What are the Advantages after the scrapping of 370 ?
- As a UT, Jammu and Kashmir conforms to all the laws enacted by the India now it means the jammu & kashmir is the legally part of the country.
- The Foreign Investments can now flow into J&K. which help to Rapid economic growth.
- The Article 370 was exploited by only 3 families dynast who have hijacked the fate of Kashmiri people for 72 years.
- Now the Kashmiri women can marry non-kashmiris means any other state citizen. and also Gender equality has been upheld.
- Now Indians can buy land and migrate to do business in J&K which will helpto get the job and opportunities to kashmiri’s people.
- Now this become a Financial institutions are subjected to Indian laws.
- Now the Kashmiri youth can be trained on technical skills and be gainfully employed instead of collecting Rs 500 for stone pelting from pakistan.
- Separatists cannot even talk about azadi in which case sedition law will be unleashed.
- Now after Article 370 The standard of living of J&K is going to rise when Indian MNCs invests in hotels, resorts, factories, industries and businesses.
- Now J&K is poised to witness rapid progress and development in the next five years.
What are the Disadvantages after the scrapping of 370 ?
- Now i put everything above, state’s unity, integrity & sovereignty is preponderant. For the integrity of this country, it is needed to have a united country in terms of administration. Hence, this article may be regarded as in juxtaposition of the notion of unity & integrity of this great nation.
- The Article 370 was inducted by Presidential order. Now it is the time to restitute the parliamentary supremacy by having a detailed debate on this & taking future course of action through that.
- When, even the constitution of J&K says that it is and will remain integral part of India, this provision, itself becomes obsolete and implores getting jettisoned.
- The epoch when this article was introduced has lost its sheen. Now Kashmir no longer remains alien to the rest of the country. Hence this schismatic provision needs no longer be countenanced.
- Article 370, many-a-times is looked as the stumbling block in the pathway of centre’s outreach to the state and its beautiful people. Getting away with this would proffer direct contact channel between centre and the state, rendering greater congregation of Kashmiris into rest of the country.
Now The Article 370 is an internal arrangement which says that how relations between India and Jammu and Kashmir would be governed. and Also in international relations, the most important way to substantiate your claim over a territory is to accumulate power.
Therefore in most likelihood, even if Article 370 is deleted, it would only effect the internal relations between India and J&K and would not substantiate the claim of any foreign power over the state. However, the most common solution for any controversial problem in India is the status quo. So in this case also, government would prefer its time tested medicine of status quo in the foreseeable future.