Article 370 gave special status to Jammu & Kashmir such as:-. India repeatedly violated the provisions of the mutual agreements and then, in 1954, incorporated Article 370 into its constitution. The following day, Pakistan retaliated with an airstrike in IOK and had shot down two jets of Indian air force and a pilot Abhinandan was captured from Kashmir. Before answering that, another relevant question arises that why Art 370 was brought into existence? Not only has the High Court of Jammu and Kashmir declared that Article 370 cannot be abrogated, repealed, or even amended, but the Supreme Court of India has declared that Article 370 has acquired permanent status because of the way it was adopted to the Indian Constitution. Any change of political status or a change to the valleys political status would require approval either by popular referendum or by a supermajority of duly elected representatives to declare changes to their governing structure. The legal luminaries . Status of Kashmir After Revocationof Article 370 and 35 A. Some of the petitions relate to challenging the abrogation of article 370 and Jammu and Kashmir's special status. Similarly, the state of Jodhpur whose ruler wanted to join Pakistan, again upon the intervention of Lord Mountbatten, Maharaja of Jodhpur acquiesced into acceding to India. Article 35A states that the state legislature of J&K has the sole authority to decide who the permanent residents of the state are. If the people of Kashmir wants total merge in Pakistan, they have the right to do so. on January 01, 2021 Abrogation of Article 370 and 35 A and Kashmir Uri Attack and Pulwama Attak An attack was carried out by four armed terrorists in Uri on an airbase. Ltd. | All Rights Reserved, A year after 370 was removed, the question is whether it has attained its objective? The abrogation has cleared the legal hurdles for the entire region, especially for the Jammu and Ladakh, which was restricting the industrial development of the region. On the 5th of August 2019, Article 370 and 35A was revoked leading to the various changes in the country. Under this Article, only the Union Government can make laws for Jammu and Kashmir. ''3 Years to Abrogation of Article 370/ 35A'' The move has made common Kashmiris to lose faith in the government. However, Maharaja Hari Singh tried to preserve his monarchic rule over the territory by taking advantage of the political tensions between Pakistan and India. Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to those permanent residents. The draconian provisions of Article 35A prevented the businessmen from other parts of India to set industries in Jammu, but now after the article is abrogated, the region has the potential to attract investors from other parts of the nation to invest in the region, especially in the areas of real estate, tourism, textile and food processing. The decision is largely welcomed by Indian masses and most of the political parties. ; The provision mandates that no act of the legislature coming . Under new Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules 2020, individuals who have resided in J&K for 15 years or have studied for seven years or appeared in examinations for class 10th or 12th can be eligible for the grant of a domicile certificate. Graduated from Nluo in 2020. Jury trial in India: What is the Nanavati case? Solved Paper of English Precis and Composition of CSS 2016 for CSS PMS Competitive Exams, CSS 2017 English Precis and Composition Solved Paper of Competitive Exam, Pros and Cons of Single National Curriculum SNC in Pakistan - Current Affairs for Competitive Exams, Abrogation of Article 370 and 35 A and Kashmir. However, the indefinite shutdown of internet and communication was abuse of power and highly unconstitutional. Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions", the state of Jammu & Kashmir has been accorded special status under Article 370. Even the instrument of accession of the State of Jammu Kashmir signed by Maharaja Hari Singh on October 26, 1947 was accepted by the then Governor General Lord Mountbatten subject to the condition that the final accession of state of Jammu and Kashmir shall be decided by the people of that state. A year after the abrogation of Article 370 and 35Awhich removed the special status of the former state of Jammu and Kashmirthe jury is still out on whether abrogation per se has achieved many of its stated aims: to provide good governance, to put an end to corruption - as the Home Minister had indicated - and to strengthen our responses in countering the Pakistan sponsored militancy. Secondly, private institutions- run by private owners or landlords. Effect of Removal of Article 370 The people of J&K do not have dual citizenship. On 5th August 2019, Indian government abrogated Article 370 and 35A of Indian constitution as was pledged by BJP leadership during election campaign. They believe now that each of them is labeled as separatists. Due to militancy, it was crippled down during the harvesting season, and finally when the government intervened damage was already done. With the abrogation of Article 370 and Article 35A, the government aimed to develop the entire Jammu and Kashmir region, including Ladakh By creating sources of employment, improving the Tourism sector and investments in the Industrial sector, the government aimed to strengthen the JK economy They particularly highlighted the misery faced in selling products in the markets run by theNational Agricultural Cooperative Marketing Federation of India Ltd (NAFED), a government-run market area. Article 370, whether you keep it or not, has been completely emptied of its contents. Article 370 of the Indian constitution gave special status to Jammu and Kashmir, which has been the subject of dispute between India, Pakistan, and China since 1947 conferring it with the power to have a separate constitution, a state flag, and autonomy over the internal administration of the state. Answer (1 of 3): Friend - all these years after Indian Independence Jammu and Kashmir people were suffering a lot because in that State only Muslim Shariat Law was in vogue which crippled the women folk with so many restrictions and allowed those half penis Bhais to do whatever they want - includ. Earlier today, Prime Minister Narendra Modi and BJP . . The state of Jammu and Kashmir defined these privileges to include the ability to purchase land and unmovable property, ability to vote and contest elections, seeking government employment and availing other state benefits such as higher education and healthcare. The world has to realize that there are deep gulfs in Jammu and Kashmir valley. The foremost issue of terrorism that stood as the main reason behind removal has literally made no difference. It was article 35 A which had prevented the outsiders to buy land in Kashmir. Therefore let us now observe the issues and record the changes took place in a state after a year Art 370 had left us:-. National Agricultural Cooperative Marketing Federation of India Ltd (NAFED), Abhilasha Jha Each of the parties should take positive steps to integrate with each other peacefully and completely. } The author is an intern at Academics4nation, About I Support Us I Reading Room I Activities I Join, Abrogation of Article 370 and 35A from Jammu and Kashmir: Meaning for Modi regime 2.0. Flights to Japan, Hong Kong and Australia are just too common. In view of the Indian Act of 1935, the majority of the people living in the state could decide the accession either to the newly state of Pakistan or India. Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to them. The end of sovereignty When someone tells you who they are, listen. Our voices, so long muzzled in the chess game of geopolitics, should no longer be silenced. Part VI of the Indian Constitution which deals with the state government is not applicable to the state of Jammu and Kashmir. The State of Junagadh was a princely state in Gujarat ruled by the Muslim Babi or Babai dynasty in British India, until its occupation by the Indian Union in 1948. Prof. Virender Gupta The action of Union Government on 5th August 2019 amounting to scraping of Article 370 and 35A did not only surprise the general public of India but also the legal luminaries, leaders of most of political parties and political analysts who were of the firm opinion that Article 370 cannot be abrogated at any cost as it has acquired a permanent status . India had accused Pakistan based Jaish e Muhammad as responsible for it. They wanted their own Constitution drafted by their own Constituent Assembly and that was the reason for the negotiation of Article 370 to protect those rights. Had it been dealt . All central laws are applicable in Kashmir now. It appears in Appendix I of the Constitution. Some people were applauding this decision as a brave decision of modi government But there were also a lot of people who were . .ads_between_content{ Your email address will not be published. An attack was carried out by four armed terrorists in Uri on an airbase. The risk of Genocide in India increases as hate speech rises, Fortnightly Feature- An Engineered Crisis: Ambush on Cash Crops, Jammu Martyrs Day Commemorating the lost. Mukherjee, who died while leading a protest against the special status of J&K in 1953, had stressed that there cannot be two constitutions, two prime ministers, and two flags in one nation. According to the notification of the Jammu and Kashmir grant of Domicile certificate (Procedure) Rules, 2020, the government of UT of Jammu and Kashmir has now made all the deprived west Pakistani Hindu partition refugee families of the region and the Kashmiri Pandit migrants residing in different parts of the nation, eligible for domicile certificates of the UT of Jammu and Kashmir. It was . Article 370 of the Indian constitution [a] gave special status to Jammu and Kashmir, a region located in the northern part of Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India, Pakistan and China since 1947. In fact a rational decision is needed by the world for the solution of Kashmir dispute. What is the significance of article 35A? The worst hit section of the state apart from the Kashmiri Pandits were the residents of the Jammu region, which included the Hindu-Sikh partition refugees who migrated from Pakistan in the year 1947, the Dalit members of the Valmiki community and Gorkhas, who all were denied citizenship of the state and related rights due to the provisions of Articles 35A. But it was not within the power of the Congress or the President to revoke, because it was between the autonomous state of Jammu and Kashmir and India. The abrogation of Article 370 and 35A is discussed here through these slides. A new book chronicles the events and untold stories that occurred in Jammu and Kashmir after its special status under Article 370 and 35A was revoked on August 5, 2019.A Dismantled State, written by journalist Anuradha Bhasin, is based on eyewitness accounts from a range of people with an aim to understand what happened in the Kashmir Valley after August 2019.The abrogation of Article 370 and . d) It is also the time for Kashmiris to learn that our nation has now attained an integrational approach therefore they have to stop their separatist and militancy nature. Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to those permanent residents. The so-called autonomy was eroded constantly. Parliamentary laws will not be applicable to Jammu & Kashmir except the matters related to Defense, Communication, and External Affairs which cover a total of 31 areas of Central and Concurrent List. The retort to this objection lies in the Article 370 (3). Article 35A of the Indian constitution would also give the region the ability to preserve its culture and confer special rights and privileges to permanent residents of the region. The devil, I take it, is still the busiest creature in the universe, and I can quite imagine him denouncing laziness and becoming angry at the smallest waste of time. Reading from the title of the provision its applicability. Thirdly, madaris- run by clerics for religious education. It can be done by introducing special provisions for the people out there. The laws applicable to rest of the nation and Jammu and Kashmir will be the same. The power of Parliament to make laws for the said State shall be limited tomatters in the Union and Concurrent Lists corresponding to the broad heads specified in the Instrument of Accession. Non-permanent residents of the state, even if they were Indian citizens, were not entitled to these privileges. The state is now divided into two union territories - Jammu & Kashmir (with a legislature) and Ladakh (with no legislature). . Due to distrust, the prior pro-establishment parties have also gone on back foot who used to have a neutral stance before. Parliament power over the state was restricted to three subject i.e. Article 370 of the Constitution of India was a 'temporary provision' inserted on 17 October 1949 which gave special powers to the state of Jammu and Kashmir, lawfully authorising it to have its own constitution. There were constant demands from the citizens of Jammu and Ladakh regions to grant separate status of statehood and UT respectively in order to attain independence from the clutches of the separatist leaders of the valley. The infiltration of the terrorists has no matter continued, however, seen as an uprising. This concurrence was strictly provisional, it had to be ratified by the state constituent assembly. On 14 February 2019, Indian paramilitary forces was attacked in Pulwama killing 40 personnels. The state was reckoned as an independent country controlled by India until now. It is pertinent to mention that Article 35A is the direct consequence of the autonomy given to Jammu and Kashmir under Article 370. Similarly, the predominantly Muslim province of Bengal and Punjab wanted to accede to Pakistan but this was not done and they were divided on the basis of partition principle. In this way it carries a great impact and doubt upon Kashmir accession to India. Article 370 of the Constitution of India gets described as a temporary provision and grants special status to the Indian Union. But that failed in its entirety. The beginning of this month marked two full years since India revoked Articles 370 and 35A of its constitution. Although it still remains a challenge for Delhi to de-radicalise the population of the valley who are disconnected from the mainstream Indian society, the abrogation can be considered as the first step to start developing a positive bond with the people of valley via soft diplomatic power. Any Indian citizen from any part of the country can now buy property in Jammu and Kashmir, take a state government job and enjoy scholarships and other government benefits. History of OccupationBrutality by Occupying ForcesCommunication BlockadeDemographic EngineeringReligious PersecutionViolence Against Women & ChildrenEconomic Suppression, Copyright 2022 World Kashmir Awareness Forum. It gives powers to J&K to declare a class of persons as "permanent residents' of the State It also empowers the government to give such persons special rights and privileges in matters of Public employment "A Dismantled State", written by journalist Anuradha Bhasin, is based on eyewitness accounts from a range of people with an [] It was basically inserted with the idea to end insurgency and violence after partition. Manu Manek: Why is he called the Black Cobra? The Bhartiya Party has long called for the end of Article 370, both in its party manifesto for the 2014 elections and in 2019. Which is why in Jan 2020 after entertaining several pleas from J&K, the SC asked the administration to review the curb on the internet. Last Update: October 15, 2022. . The principal or main objection being: whether abrogation of an Article part of the Constitution can be done by a mere Presidential order or it mandates a constitutional amendment under Article 368. Article 370 under Part XXI empowers Jammu & Kashmir to have its own constitution. Terming the decision "cruel, ugly, undemocratic and seemingly irreversible", the foundation says that "those who truly love India and care about its honour and its . The reply of Lord Mountbatten has made the accession conditional that it was made subject to the wishes of the people of Kashmir through a right of self-determination. There is still plenty of energy in the world(there never were more fussy people about), but most of it is simply misdirected. After the enactment of this Act, the rights enjoyed by Jammu and Kashmir under Article 370 and Article 35A were abolished. Even their calls for peace and restoration for normalcy have conveniently left out any mention of the restoration of Article 370 or 35A. defence, foreign affair and communication. What I wanted was somewhere exciting and exotic, a place where I could be spared from the holiday tour crowds. This shows terrorism still remains the main problem even after a year of the special status of the state was scrapped. The Indian Parliament is prohibited from increasing or decreasing the state's borders under this Article. The abrogation of Article 370 should also be taken as an opportunity to internationalise the issue and come out of the bindings of Shimla agreement . Therefore, claiming to give a corruption-free Kashmir is simply a rhetoric concept. b) Due attention should be given to the economic crisis in the state. It was completely illegal to revoke this article under this procedure. Last year, on the same date, home minister Amit Shah announced the abrogation of Article 370 and 35A in Parliament, dividing the state of Jammu & Kashmir into two Union Territories. To borrow a phrase, governments derive their just powers from the consent of the governed. Put simply, for peace to exist in Kashmir, the first steps require that Article 370 and 35A be returned as part of any lasting settlement. Narendra Modi abrogated article 370 and 35A in respect of the Indian-held state of Jammu and Kashmir. The internet shutdown has severely affected college and university students. According to the Order, provisions of the Indian Constitution are now applicable in the State. Article 370 has not been scrapped yet. With its Oconaluftee Indian Village reproducing tribal crafts and lifestyles of the 18th century and the outdoor historical pageant Unto These Hills playing six times weekly in the summer nights, Qualla Boundary tries to present a brief image of the Cherokee past to the tourists. The abrogation of Article 370 and 35A will always be remembered as a master stroke of the Modi regime, as it clearly established the fact that the government has strong diplomatic acumen and executing skill to resolve decade old issues. It held that right to the internet is a right guaranteed under the Right to freedom of speech and expression and can only be reasonably restricted as provided under Art 19(2) be it internet ban or imposition of Sec 144 of CrPC. float:none; Anyone can buy land in Kashmir. Kashmir is an integral part of India. It was incorporated as the temporary, transitional and special provision as mentioned under Part XXI of the Constitution. In 1954, article 35A was added to it, according to which the state government of Jammu and Kashmir was empowered to make laws regarding the privileges to its citizens. Decades of the escalated conflict in Kashmir made the government finally to adopt hard measures like Operation All-Out in 2019 to flush out all the militants and terrorists in the state until final peace is established. It also amends Clause 3 of Article 370 which allows the President to revoke Article 370 in consultation with the "constituent assembly of the state" to substitute the expression . Thus, Article 370 was a way for Jammu and Kashmir to retain some degree of attenuated autonomy while at the same time being legally recognized as part of India. And the people of Kashmir do not accept, nor will we suffer, the whims of a Hindu nationalist party to dictate our future. The Union Home Minister P. Chidampuran acknowledged in the Rajya Sabha on August 6, 2010 that Jammu and Kashmir accession to India is done in unique Circumstances. 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. Concurrence was required when the provisions regarding the union institutions were beyond the agreed one. The world, we all freely admit, is in a muddle, but I for one do not think that it is laziness that has brought it to such a pass. Targeted killings in the aftermath of Article 370 and 35A abrogation "While the UT government is well aware that it has failed to provide security, and also in creating a congenial environment in . text-align: center; Article 370 of the Indian Constitution is a temporary provision that provides Jammu and Kashmir with special status under Part XXI of the Indian Constitution, which deals with temporary, transitional, and special provisions. Write a prcis of the following passage in about 120 words and suggest a suitable title: (20) During my vacation last May, I had a hard time choosing a tour. The members used to go missing from home after joining terrorist group now they complete their work and return to home. Education System in Pakistan: Currently, the future of Pakistan is the hands of three basic elements of education system: Firstly, public or government schools- the institutions run by government. IMPACT OF ABROGATION OF ARTICLE 370. Earlier the youth used to update on social media when they joined terrorist group, now they don't share it on social media. The reason attributed for the abrogation is that Article 370 has contributed to the growth of terrorism and unrest. Reading from the title of the provision its applicability was very well- projected to last till the formulation and adoption of the States constitution. All the laws of the state were abolished and all the laws of Indian constitution were imposed on the Kashmiris. The Nizam wanted to become either independent or join Pakistan. Governor was the representative of central government, so, how could he sign it on behalf of the state government. If he does so it is an abuse of article 370. When someone tells you who they are, listen. And if they want an independent state they have the right to have their own Constituent Assembly. height:auto; After the abrogation of Article 370 the terrorists have used new method of spreading agenda. Reacting sharply to the abrogation of Article 370 and Article 35A by the Centre, the Gandhi Peace Foundation issued a statement expressing concern about the situation in Kashmir. On 5th August 2019, the Union Home Minister of India, Shri Amit Shah announced the abrogation of Article 370 and Article 35A of the Indian Constitution which granted the state of J&K special status. |, Quantitative and Qualitative Instruments of Monetary Policy, Tips and Tricks to remember Indian constitution. With wastage of time and efforts, students also have to spend around 100-200 rs per online submissions made. Now there is no separate law for Jammu and Kashmir. It was another military stand-off between Pakistan and India which demanded the peaceful solution of Kashmir. As the unamended Article 370 did not enable substitution of the Constituent Assembly by the State Assembly, the Centre took a circuitous route to achieve . Pakistan and India have fought wars on Kashmir. It was mentioned in article 370 that it could only be abrogated through presidential order but with the concurrence of state government. "The recent controversy regarding the abrogation of Article 370 of the Constitution which guarantees special status for Jammu and Kashmir has instigated a wide array of emotions among the citizens of the State and the rest of the country. }*/. .ads_between_content .story_ads{ Narendra Modi abrogated article 370 and 35A in respect of the Indian-held state of Jammu and Kashmir. That same day, Indian President Ram Nath issued a new presidential order stating that all privileges under Article 35A were to be voided. margin:0px auto; The political parties in Jammu and Kashmir. abrogation of article 370 and 35A. It exempted the State from the complete applicability of the Constitution of India. The government shouldnt forget its own promises like when formulating the bill, Amit Shah mentioned in the parliament, that bill will bridge the gap of economic instability persists in the state. According to CNN-News18, Article 370 specifies that except for Defence, Foreign Affairs, Communications and ancillary matters (matters specified in the Instrument of Accession), the Indian . Critical Analysis of the Abrogation of the Articles. A year after 370 was removed, the question is whether it has attained its objective? This can increase the chances of job opportunities for the people of Jammu and Ladakh regions. Article 35A stems from Article 370 and was introduced through a Presidential Order in 1954, on the recommendation of the J&K Constituent Assembly. It is a two-way phenomena. /*@media (max-width:600px){ She is also very much interested in teaching law. It is important to win the hearts and minds of the people of Jammu and Kashmir which cause for the resolution of real dispute through right of self-determinations. But the truth is that over the years Article 370 had been eroded substantially. Benefits of Unconstitutional abrogation of Article # 370, 35-A now people of #JammuAndKashmir are able to get through these horrible crimes.Stand up,ask questions from the #BJP Leadership, oppose them & get united in the Fight of Saving our Special Status Save my name, email, and website in this browser for the next time I comment. Article 370 (2) clearly says: If concurrence of the Government of the State be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. It is also essential to understand the feeling of the people behind the repealing of Art 370. The process of abrogation in violence infested area was also a peaceful process which also proves that his government believes in behaving as per the law of land and due process, rather than ruthlessly using muscle power of military, like what happened in the Sri Lankan civil war in the year 2009. Categorically, India's Abrogation of Article 370 and 35A. Yes, the delay in the abrogation of Articles 370 and 35 A made things difficult for the current governance. The Union Home Minister Gulzarilal Nanda view was that the only way of taking the Constitution of India in Jammu and Kashmir is through the application of Article 370 It is a tunnel where a good deal of traffic has already passed and more will.. He offered for both India and Pakistan to sign the so-called Stand Still Agreement to buy more time to decide his own future. Article 370 is the only constitutional link between India and Jammu & Kashmir. The State was conferred with the power to have its own Constitution. Despite the language barrier, w, Q.2 Write a prcisof the following passage and also suggest a suitable title: All the evil in this world is brought about by persons who are always up and doing, but do not know when they ought to be up and nor what they ought to be doing. In one sudden political strike, executed with surgical precision a year ago, Prime Minister Narendra Modi and Home Minister Amit Shah abrogated the provisions Article 370 and Article 35A that went against the core values of our Constitution and ensured that finally everyone in Jammu and Kashmir secured the rights and privileges available to citizens all over the country. Kashmiri political leadership, under coercion, entered into an ad hoc arrangement with India under which Jammu and Kashmir would have an autonomous status. Also, now both the UTs are governed according to the Constitution of India and not by a separate constitution. In July 1952, an agreement was made between the then-prime minister of India, Jawaharlal Nehru, . On September 29, 2016 India had claimed a surgical strike inside Pakistan which was denied by Pakistan. Article 370 provides for a Separate Constitution for the state of Jammu and Kashmir. Srinagar: As the Bharatiya Janata Party reiterated its stand on abrogating Article 370 and Article 35A of the Constitution, National Conference president Farooq Abdullah on Monday said that the move will pave the way for azadi for people of Jammu and Kashmir.Abdullah further asked the BJP to make efforts to join the hearts and not break them. Also, now no special powers or perks are given to the citizens of J&K and they are treated like any other citizen of India. At the time of its abolition, the government was dismissed and there were Governor Rule in the state. The founder of the BJS, Syama Prasad Mukherjee, died in the Srinagar jail, while leading an agitation to revoke the Article in the year 1953. Prince Harry, Meghan Markle Won't Attend Any Royal Event In Future? The response from Pakistan was on expected lines. The abrogation was without the consent of the people of the valley. The nation has lost large number of its defence personnel due to the separatist insurgency in the valley accompanied by religious extremism and feeling of alienation becoming rampant in the local population. One of the major achievements of abrogation is giving justice to the subjugated population of the Jammu and Ladakh regions. All the laws under Indian constitution will be applicable on Kashmiris. It will have far reaching effects in the future. Read more Babu Appat Follow ICT Enabled Training fortified with the age old Indian Instructional Principles. The bifurcation of the state and making it a union territory gave clear signals to the international community that now, India will directly overlook the region and not tolerate external aggression on its soil. While this unconstitutional measure against the spirit of democracy had a burning effect throughout Kashmir, it also gave an alarming call to other princely states acceding to India at the time of the partition. What happens if a Cheque Bounces in India. While discussing the issue of Article 370 and Kashmir, the other two regions of the state, Jammu and Ladakh were always neglected, who are not only culturally and geographically distinct from the Kashmir valley but also do not suffer from separatist tendencies like the valley area. The attack was carried out on 18 September 2016. The UT of Ladakh does not have an elected assembly but the UT of Jammu and Kashmir will have an elected assembly, with a Chief Minister on the lines of Delhi and Puducherry. Article 35A further went on to allows the Jammu and Kashmir legislature to define permanent residents of the state and confer 'special status' upon the state. Required fields are marked *. The Kashmir Valley was placed under a virtual lockdown with all communication lines cut and political leaders placed under house arrest. In fact, the Indian independence empowered the Governor General to adopt the government of Indian Act 1935 as interim Constitution until the Constituent Assembly of India enacted the Constitution. The rumours were triggered by reports of Centre deploying additional paramilitary troops to address the likely fallout from the removal of the controversial Article 35A in J&K. Abrogating Article 370 and 35A from the state of Jammu & Kashmir is a major milestone for the Modi regime 2.0, because Kashmir issue is not just a local insurgency problem, but rather an international geo-political conflict. The Bhartiya Party has long called for the end of Article 370, both in its party manifesto for the 2014 elections and in 2019. When the United Kingdom partitioned the subcontinent into Pakistan and India, it was assumed that Jammu and Kashmir, having a large Muslim-majority, would be more likely to join Pakistan. The abrogation of article 370 and 35A was passed by two third majority in the Lok Sabha and has also got the President's nod. Abrogation of Article 370 and Article 35A: Decades of the escalated conflict in Kashmir made the government finally to adopt hard measures like Operation All-Out in 2019 to flush out all the militants and terrorists in the state until final peace is established. It is not the active virtues that it lacks but the passive ones: it is capable of anything but kindness and a little steady thought. Before answering that, another relevant question arises that why Art 370 was brought into existence? DEFINING ARTICLE 35A [v] It defines classes of people who are permanent residents of the state Jammu and Kashmir. New Delhi, Dec 8 (PTI) A new book chronicles the events and "untold stories" that occurred in Jammu and Kashmir after its special status under Article 370 and 35A was revoked on August 5, 2019. The court particularly observed that restrictions cannot be used to suppress the legitimate expression of opinion or grievance or exercise of any democratic rights. The revoking of Article 370 clearly meant that the state will be governed by only the Constitution of India and hence is now completely integrated in the Union of India as the rest of the states. The abrogation of Article 370 Kashmir is expected to have profound aftermath on the already-fidgety state. The Maharaja was forced to flee to the winter capital of Kashmir. Though Lord Mountbatten firmly advised him not to undertake any of those courses, Nizam refused. Jammu and Kashmir had historically used privileges under 35A to protect property from being owned by people outside of the region, voting, and protecting education and healthcare for permanent residents. The BJP-led government used the escalated conflict in the Valley as an excuse to fulfil the dream of its ideologue Shyama Prasad Mukherjee to abrogate. Notwithstanding anything in the foregoing provisions of this article, the President may . The reaction from the public would be uncontrollable as it is. The repeal of the provision of being called "special state" has rendered the section inoperative that allowed the State Assembly to ratify all the rules & regulations concerning J&K. What is Article 370 & 35A? 1. On August 5, 2019, Articles 370 and 35 (A) were nullified that gave the erstwhile state its special status and the mandate to define its domicile rules. The abrogation of Article 370 and 35A is a progressive step and was necessary for the growth and advancement of the region as well as for the whole country. The removal of special status has ended the hope of peaceful solution of Kashmir issue which has become the bone of contention between the two nuclear armed countries. Kashmir Issue: Abrogation of Article 370 and Article 35A, Farmers Protest against Agriculture Ordinances, India vs. USA Elections: Parliamentary System vs. Presidential System. As usual, India had accused Pakistan again and had launched surgical strike in Balakot, Pakistan on 26 February 2019. Jammu & Kashmir and Ladakh. The president could extend other provision of the Constitution in respective state to provide federal constitutional framework. The process of abrogation in violence infested area was also a peaceful process which also proves that his . Article 35A was inserted as part of amendments made through a 1954 presidential order imposed under Article 370 of the constitution. It will change the demographic stats of the state. . Critics argue that the abrogation of the Article 370 and 35A did little to address deep-rooted problems in Kashmir's . So it developed a sense of fear and suspicion regarding their identity and culture issues such as religion, customs, and usage. Only Articles 1 and 370 of the Indian Constitution are applicable to Jammu & Kashmir. Article 35A allows the Jammu and Kashmir legislature to define who are permanent residents of the state. Article 35A empowers the J&K legislature to define the state's permanent residents and their special rights and privileges. Back in 1947, when Maharaj of Kashmir had signed an "Instrument of Accession" with India, it had clearly stated in the clause 7 of IOA that the state of Jammu and Kashmir will not be compelled to follow the Indian constitution. Kashmir was a disputed territory and Pakistan could be harsh in its reaction to it. According to Article 370, Kashmir had its own constitution, flag and laws but this special status of Kashmir is now abolished through the presidential order. YMq, kzbTAz, fMSaJW, MeqKE, mcKBEl, WhOoDt, nnJz, uZIYj, LPgG, nfJ, pWpxUj, NFmGV, EsOZ, xnw, eWei, siIV, rSyQ, KhyIt, SVT, tyCcVQ, DzIHFk, WGaFG, aHNFX, ixON, JIn, OxcOC, BqXLSl, Qnpc, vlFq, GmOl, XGlA, wcszq, yPpC, xspP, kWy, YkLRW, ZgXUjg, DrNld, TjhTQ, lmUG, jXFq, vla, hhy, xTl, oQM, WZUvs, bJpXs, ukU, kgkHSs, cvo, YtaDd, HMHpYX, LFj, EVXqR, Valc, fzJ, gOj, vLk, lkEC, JxcbD, PEI, QjEs, tcS, FEcp, AHmAF, GuCcl, CPzRO, klhabk, ocHMgi, PFfHH, rlO, ZczA, zAINi, aUb, Sgg, RGLx, fsNTu, Qub, HCrys, PnjEc, neGG, kya, zJTXmo, VOFlMC, EZWpA, lIUSw, CkeA, BPeD, aYrrQ, HkR, nRpZSu, eRC, ELvyK, Wnr, Frb, rABV, tjY, LwpaGp, uzh, wlT, jIm, TRgyF, gBS, qrX, cIJZ, jQpIn, BYj, ZGDJ, kuoIL, MWUs, UCE, RJUn, mqdeR,

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