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Modi Government has hit a six today and dropped a bomb today, With Amit Shah the Home Minister of India removing the two key constitutional provisions Article 370 & Article 35(A) that gave special rights to the state of Jammu & Kashmir.
Since long time their was debate about removing Article 370 and Article 35A but that never happened. Few provisions of Article 370 were diluted over the years but Article 35A had remain unchanged.
This breaking news came just after the top leaders of the state were kept under house arrest since midnight. Also the Internet/Telecom services were suspended in the state. Checkout below what will happen now after removal of Article 370 and 35A from Jammu & Kashmir.
What does Article 370 Mean?
According to this article, State government’s law will be applicable except in Foreign affairs, Communications, defence and finance. This means that People who live in J&K live under a separate law and have dual citizenship of India and J&K both. Also people who are citizens of J&K can only buy property in the state, That means Indian’s cannot purchase land or property in J&K due to Article 370.
According to Article 370, The centre cannot declare financial emergency. Emergency can be declared in case of external aggression or war. Constitutional provinces that were applicable on Indian People and States are not at all applicable in J&K. The article 370 comes under part XXI of the constitution.
The provision was drafter by Sheikh Abdullah who was appointed as the Prime Minister of J&K by Jawaharlal Nehru & Maharaja Hari Singh together. Sheikh Abdullah wanted that Article 370 get a permanent provisions and not temporary, But he didn’t get the grant.
What does Article 35(A) Mean?
Article 35(A) was issued on PM Nehru’s advice by then President Rajendra Prasad under Article 370. Article 35(A) allows state legislature to define permanent to J&K residents. This article is also known as permanent resident rules.
According to Article 35(A) anyone who has been resident for 10 years or more and had legal propery in the state was eligible to become it’s citizen. This clause meant that no one from the outside of J&K can purchase property or can get a state job.
Also of a women who is a permanent resident of the state marries a non Kashmiri then her rights will be taken away and she will no longer be the citizen of Kashmir.
What Will Happen to J&K now after the scrapping of Article 370
Once the special status of J&K is gone, Anyone who is citizen of India will be able to settle in the state and can buy land and property their. Their is a fear amongst Kashmiris that abolishing article 370 will effect the demographic transformation from majority of Muslims to Majority of Hindus in the state.
Jammu & Kashmir will be a Union Territory with legislature from now on.
Amit Shah said : “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”, the notification said
He further said : Under the notificaiton, the Ladakh region is also being given the status of a Union Terrority, 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 realise their aspiration”
After Amit Shah’s proposal, Ram Nath Kovind the President of India promulgated constitution (The application to remove Article 370) , stated that the J&K will from now follow the provisions of Indian Constitution.
The president said all provisions of Indian constitution will apply to J&K state.