Home Minister Amit Shah today announced the central government’s plan to repeal Article 370 – which provides the state of Jammu & Kashmir some special rights. Shah later stated to demolish the Article 370 and to bifurcate the state into two Union territories – Jammu and Kashmir, that will have a legislature, and Ladakh, which will be without a legislature.
How These Articles Came Into act –
When India got independence from Britishers, the state of J&K preferred to stay independent under Maharaja Hari Singh. Later in the year 1947, the Azad Kashmir Force supported by Pakistani army attacked the J&K state. When attacked, Maharaja Hari Singh asked help from Indian Government for Military force. Indian Government cleared all of Jammu and Kashmir area and following that, Mountbatten (then, Indian Governor General) and Maharaja Hari Singh, the ruler of the state decided to join hands with the state of India and signed Instrument of Accession on 26th October 1947.
What is Article 370?
Article 370 of the Indian constitution was an article that gives special status to the state of Jammu and Kashmir. The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. The Constituent Assembly of Jammu and Kashmir, after its establishment, created the state’s constitution which was the legal document that established the framework of government at the state level in the Indian state of Jammu and Kashmir. J&K is the only state in India that has a separate constitution.
Article 370 provides six special provisions for Jammu and Kashmir –
What is Article 35A?
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. It was added to the Constitution through a Presidential Order, i.e, The Constitution (Application to Jammu and Kashmir) Order, 1954 – issued by the President of India on 14 May 1954, exercising the powers conferred by the clause of the Article 370 of the Indian Constitution, and with the concurrence of the Government of the State of Jammu and Kashmir.
Permanent Residents Clauses –
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