Removal of 370 and 35A : Historical Day

By Sachin Kaushik 05-Aug-2019

In a move that will go down in history books as one of the most paramount changes ever made to the Indian Constitution, Home Minister Amit Shah today announced the central government's plan to repeal Article 370 -that the state of Jammu & Kashmir a host of special rights.

What is Article 370?
Article 370 of the Indian Constitution is a 'temporary provision' which grants special autonomous status to Jammu & Kashmir. 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. All the provisions of the Constitution which are applicable to other states are not applicable to J&K. For example, till 1965, J&K had a Sadr-e-Riyasat for governor and prime minister in place of chief minister.
What Article 35(A) means
Article 35A allows the state legislature to define the Jammu and Kashmir's permanent residents. The article had been inserted via the Constitution (Application to J&K) Order, 1954. It was issued by the then President Rajendra Prasad under Article 370 on PM Nehru's advice.
The state's Constitution, at the time of its adoption in 1956, defined a permanent resident as someone who was a state subject on May 14, 1954, or who has been a resident for 10 years, and has lawfully acquired immovable property.
What will happen to J&K now
After Kashmir's special status is gone, people from anywhere in India be able to buy property and permanently settle in the state. This has fuelled fear in the mind of Kashmiris — they think it would lead to the state's demographic transformation from majority Muslim to majority Hindu.
A separate Union Territory will be created for Jammu & Kashmir with legislature, Amit Shah has revealed via a notification. "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.
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", it said.
What a glorious day. Finally d martyrdom of thousands starting with Dr Shyam Prasad Mukharjee for compete integration of J&K into Indian Union is being honoured and d seven decade old demand of d entire nation being realised in front of our eyes; in our life time.Ever imagined?
"Bold, historic and much needed change announced by Hon'ble Union Home Minister Amit Shah. I'm sure this will bring investment and development in Jammu, Ladakh and Kashmir. We welcome this step. Jai Hind. 

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