Uploaded on Oct 1, 2019
Presentation on "What is article 370 and 35a is all about?"
What is article 370 and 35a is all about?
WHAT IS ARTICLE 370 AND 35A IS ALL ABOUT www.iasexpress.net Introduction •Recently NDA government dismissed article 370 and article 35a. •These articles were related to the special state status of Jammu and Kashmir. •Dismissal of these articles made the status of J & K the same as that of other states in INDIA. www.m.economictimes.com History of Article 370 •After the partition of India-Pak, Jammu and Kashmir's raja Harising wanted the state as a special country. •But, after some incidences, he convinced him to become a part of India on three conditions. •India can only handle- •1. Defense •2. Foreign affairs •3. Communication www.indianexpress.com •Maharaja Hari Singh also declared that the state will make it's own Constitution as per the clause of Instrument of Accession. •Article 370 is the result of those decisions to protect J & K's rights. www.ibpbooks.com Article 370 •Article 370- "Temporary, Transitional and Special provisions" •Drafted in- XXI(21th) part •The provision of article 370 was drafted by sheik Abdulla. www.livelaw.in Provisions 1. Special laws for state including- Citizenship/property rights/fundamental rights. (Other Indian states residents were treated as different according to these provisions.) 2. A financial emergency cannot emerge in the state. Several such provisions drafted allows special status to J & K. Article 35A Article 35A- "Saving of laws concerning permanent residents and their rights.“ 1. This article defines the conditions that specify permanent residents of J & K. 2. Rules for employment under the state 3. Property acquisition 4. Settlement in the state www.viewpoint.net.in Facts •These articles came into effect after the President's order in 1954. •President- Dr. Rajendraprasad •Prime minister- Jawaharlal Nehru. •J & K Maharaja- Hari Singh www.inkhabar.com •The maker of the Indian Constitution Dr. Babasaheb Ambedkar was against this article. The reason behind the dismissal of articles •The declaration of dismissal is announced by home minister Amit shah on 5 Aug 2019. •As per government said- 1. This article was discriminating J and K and other states. 2. Women's right to equality was abandoned 3. As the central government was unable to make policies of state causing an obstacle in the development of the state. 4. The article mentions that it is a temporary provision and the govt. can change/dismiss those provisions. Effects of dismissal of articles 1. The flag of J & K and India will be the same now. 2. Residents from other states can purchase land or property. 3. J & K residents are only Indian citizens(Previously they were holding two citizenships). 4. Right to Information will be applicable in J & K. 5. J & k and Ladakh are two new Union territories.
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