Kashmir Turmoil: What Article 370 And Article 35A Say About J&K And Its Accession to India

New Delhi, August 3: As news of excessive army deployment continues to make headlines and turn the valley tense, speculations are high if the Narendra Modi government will repeal Article 370 and Article 35A, which gives special rights to the state, people and legislative assembly of the state of Jammu and Kashmir. The Government recently sent additional 10,000 paramilitary troops which triggered panic and murmur about Article 370 and Article 35A getting scrapped. However, Jammu and Kashmir governor Satya Pal Malik has time and again requested political parties and people saying that everyone is reading too much into the government’s move in Kashmir and that Article 370 and 35A are very much here to stay. So what exactly are Article 370 and 35A? Amarnath Yatris And Tourists Flock to Srinagar Airport After 'Leave Kashmir' Advisory, Airlines Waive Off Cancellation And Rescheduling Charges.

Speculations on Article 370 and Article 35A are also rife after Home Minister Amit Shah said in his comment in the Parliament that Article 35A and 370 are not “permanent” but “temporary in nature.” National Security Adviser Ajit Doval's "secret visit" also attracted attention and put the spotlight back on the issue. Article 35A and 370 Must Not Be Removed From Kashmir, Says NC MP Farooq Abdullah.

What is Article 370?

With the exception of Defence, Finance, Foreign Affairs and Means of Communications, the Parliament of India, where legislation is made, needs the nod of Jammu and Kashmir government for implementing any law in the state of Jammu and Kashmir.

Article 370 gives the people of Jammu and Kashmir the right to own property, citizenship and grants fundamental rights and citizenship to the residents of the state. These are separate from the rights enjoyed or exercised from the residents living in the rest of India. One of the highly contested provisions from the Article says that citizens from other states cannot buy property in Jammu & Kashmir, something that the citizens in other states and BJP has repeatedly objected to.

Also, Article 370 says that the Centre has no authority to declare financial emergency in the state. Article 370 mentions that Article 1 of the Constitution applies to Kashmir. Article 1 mentions the lists of states that falls in the Indian Union. Therefore, it is Article 370 which binds the state of Jammu and Kashmir to India. However, Article 370 can be cancelled through Presidential Order.

What is Article 35A?

The second fear that the valley is tense about is the abrogation of Article 35A. The order promulgating this Article that gives the state legislature the power to define state's permanent residents and their privileges. It was issued by then President of India Rajendra Prasad on May 14, 1954.

The order was issued by the President exercising powers he has by virtue of section 1 of Article 370. The order was never ratified by Parliament. Constitutional experts say the President of India can rescind the order using the same powers he enjoys under section 1 of Article 370.

(The above story first appeared on LatestLY on Aug 03, 2019 01:52 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).