Article 370

of the Indian constitution is an article that gives self-reliant status to the state of  Jammu and Kashmir. It was a ‘temporary provision’ granted Jammu and Kashmir special autonomous status, allowed the state to draft its own Constitution and restricts parliament’s legislative powers over the state. According to this article people of Kashmir were being with the following special privileges:-

(a)       Jammu and Kashmir had its own constitution and its own flag with 06 years of duration of their Assembly period.

(b)       Indian Parliament could not make any law or change any policy without concurrence of State Legislature of Jammu & Kashmir.

(c)        Declaration of National and Financial emergencies could not be applied in J&K.

(d)       The Fifth Schedule of Indian Constitution which deals with Scheduled Tribes and administration of Scheduled Tribe areas do not hold for J&K.

(e)       Whoever from India had migrated to Pakistan was being with the citizenship of India. It means the person who got migrated from India to Pakistan had the dual citizenship  .

(f)        Any bills which was passed by the State legislature could not be suspended by Central Government, whether the passed bill got failed our not success on ground.

(g)       Financial Emergency was not applicable.

(h)       There was no exemption/ reservation for minorities like Hindu/Sikhs etc.

(j)         Indian citizens from other state could not buy land/property in Jammu and Kashmir.

(k)        RTI (Right To Information) was not applicable over there at Jammu & Kashmir.

(l)         If a women got married with a person who is out of the state would lost the citizenship of Jammu & Kashmir.

(m)      Right to Education was not applicable.

Article 35 A

Article 35A was introduced in 1954 through a Presidential Order under Article 370, which granted special status and special provision to Jammu and Kashmir that empowered the state legislature to define the following important aspects:-

(a)       Permanent Residents.      Who will be considered as a permanent resident of Jammu & Kashmir state was fully determined by the Kashmir legislature assembly.

(b)       Special Rights and Privileges.    Special Rights and Privileges means acquiring property, scholarship and getting public sector job was entitled to them only who are permanent resident of Jammu and Kashmir The Kashmir Issue.

CONCLUSION

It is said that the policy like Article 35 A was introduced firstly by the ruler Maharaja Hari Singh to not let the other person come and settle there at Jammu & Kashmir. He and the people of Kashmir was thinking that the Kashmir will be changed demographically if the person from the other state come and get settle over there. At that time, the britishers were also very keen to settled there at Jammu & Kashmir due to the climate. The government have not only just abolished the provision of 370 and 35A but also the government has actually tried to eradicate the thought which have been pursued by the people of Kashmir. Government is trying to facilitate the people of Jammu and Kashmir through the allocating a large amount of budget for their development. Government is trying to get improvement in infrastructure as well as the other necessary factors.

 

 

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