Historic Decision: Articles 370 Revoked In J&K. What Does It Mean?

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A lot is currently happening in Kashmir. Absolutely, no one has any information about what actually is going on. The students were asked to vacate colleges. The officials have imposed 144 section all over Jammu and Kashmir. Security personnel are deployed high in number.

There are a lot of speculations in the media that Articles 370 and 35A will be taken down. Confirming the same, today, Amit Shah, inside the parliament announced scrapping of Article 370 in Jammu and Kashmir on the advice of the President of India.

A netizen tried to give a brief information on what it is! His thread on Twitter is presented here as an article.

Article 370

Temporary, Transient & Special provisions to the state of Jammu &Kashmir. Except for the defence, foreign affairs, finance & communications, Parliament needs state govt’s concurrence for applying all other laws. All the provisions which are applicable to other states are not applicable to Jammu & Kashmir. Separate laws related to Citizenship, Ownership of property & F. rights Residual powers of Parliament are not applicable to Jammu & Kashmir.

A financial emergency cannot be declared in Jammu & Kashmir. It has Own Flag & Own Constitution. No fundamental duties Right to property is still in force in Jammu & Kashmir.

Can Article 370 be revoked?

Art 370 (3) states that the President of India may, by public notification, declare that Art 370 ceases to exist provided that on the recommendation of CONSTITUENT ASSEMBLY of the state of J&K.

The constituent assembly of Jammu & Kashmir is formed in 1951 to prepare a constitution for the state of Jammu & Kashmir & got dissolved in 1957 after the constitution of Jammu & Kashmir came into force in 1956.

How to get the recommendation of C.assembly which dissolved in 1957?

  1. A president proclamation is enough to remove Article 370
  2. Parliament has to pass a constitutional amendment bill with the special majority to repeal Article 370
  3. As the constituent assembly of Jammu & Kashmir was dissolved, President /Parliament cannot repeal Article 370

What is Article 35 A

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Article 35A was incorporated into the Indian constitution through a presidential order in 1954. Article 35A isn’t placed under part-3 of our constitution though it was given a number 35. It is placed under appendices of the constitution of India.

Article 35A imposes restrictions on other citizens & gives special provisions to only permanent residents of Jammu & Kashmir in:

a) Employment under state govt
b) Acquisition of immovable property in the state
c) Settlement in state
d) Right to scholarships & other forms of aid from the state

Jammu & Kashmir Constitution came into force on Nov 17, 1956. According to it, a permanent resident will be a person:

a) Who was a state subject as on may 14,1954

or

b) who has been a resident of the state for 10 years & has lawfully acquired immovable property in the state.

Who is a state subject?

All persons who are born or settled within Jammu & Kashmir before 1911 or all persons who lawfully acquired immovable property for not less than 10 years prior to date.

How is Article 35A discriminatory?

  • If a woman marries a non-permanent resident, she is disqualified from state subject rights. In Oct 2002, J&K HC held that Women married to non-permanent residents will not lose their rights but HER CHILDREN WON’T GET SUCCESSION RIGHTS.
  • Refugees who migrated to Jammu & Kashmir during partition don’t have civil rights even today.
  • People who migrated from Pak in 1947 are Indian citizens but they aren’t given state subject rights.
  • People who aren’t permanent residents CAN VOTE IN Loksabha elections but CAN’T VOTE IN ASSEMBLY elections.
  • In 1957, about 200 Valmiki families are brought to J&K from Punjab as sanitation workers. Even today they won’t have the right to vote in state elections. Valmikis are given conditional state rights through which they can own properties but can’t do any other work except SAFAI KARMACHARI.
  • Children of Valmikis for generations are condemned to be SAFAI KARMACHARIS in the state or else they will lose their property rights. Article 35A violates Articles 14,15,16,19,21 of fundamental rights.
  • The parliamentary route of lawmaking was bypassed when President incorporated Art 35A into the constitution of India. Article 368 of Constitution empowers only Parliament to amend our Constitution.

Article 370 was only a TEMPORARY PROVISION to help bring normalcy in Jammu & Kashmir & strengthen democracy in the state. The constitution-makers didn’t intend Article 370 to be a tool to bring permanent amendments like Article 35A in the Constitution of India.

The President of India issued the following order today over the same!

Article 370 never gave Kashmiris freedom. It only created selfish leaders who created a terror-filled society and robbed Kashmiri youth of opportunity. It is finally time for it to go.

Now, it simply means — One Country, One System. Jai Hind.

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