Jammu-kashmir : Know What Was Article 370 And 35a Of Indian Constitution, And Controversy On Kashmir

Education Desk, Amar Ujala

Published by: Devesh Sharma
Updated Thu, 24 Jun 2021 11:13 AM IST

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Earlier in Jammu and Kashmir, insulting the national flag or national symbols of India was not considered a crime. But with the removal of 370, like other parts of the country, these activities came under the category of crime.

Jammu and Kashmir and Article 370
– Photo : Amar Ujala Graphics

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Once again in Jammu and Kashmir, along with the army, the political movement is also intensifying. From schools and colleges to high speed internet services have been stopped. The exams are already canceled and postponed due to Corona pandemic. Section-144 has been imposed in many places. There is a reason at the root of all this, that is the controversial provisions of Article 370 and 35A, which were repealed in 2019. Now the question is, what has changed in Jammu and Kashmir after the removal of this article? Why is there so much fuss over this? Further understand the answers to these questions…

The provisions of Article 370 and 35A were in force in Jammu and Kashmir from November 17, 1952. These Articles used to give certain rights and facilities to the citizens of Jammu and Kashmir and here, which are different from other parts of the country. When the government abrogated most of the provisions of Article 370 and divided it into two union territories, the political picture there changed. At the same time, some special rights and facilities available to the citizens here were also curtailed. Here are some important things that changed…

  • Earlier the citizens of Jammu and Kashmir had dual citizenship. This state also had its own flag. These things ended with the removal of the provisions of Article 370.
  • Earlier in Jammu and Kashmir, insulting the national flag or national symbols of India was not considered a crime. But with the removal of 370, like other parts of the country, these activities came under the category of crime.
  • The orders of the Supreme Court are not valid earlier in Jammu and Kashmir. Now the citizens there also have to obey the orders of the top court.
  • Earlier, the consent of the Jammu and Kashmir assembly had to be taken in other matters except defence, foreign, communication, now the central government can implement its laws there.
  • Earlier the term of the Jammu and Kashmir Legislative Assembly was six years. Now with the removal of the provisions of Article 370, the term of the assembly there will be five years like all other states.
  • However, there is no assembly there yet. With the abrogation of Article 370, Jammu and Kashmir was divided into two union territories, Jammu and Kashmir and Ladakh.
  • Jammu and Kashmir is a Union Territory with a Legislative Assembly on the lines of Delhi and Puducherry. Whereas Ladakh is a union territory without a legislature like Chandigarh.
  • Earlier, Hindu-Sikh minorities did not get 16 per cent reservation in Kashmir. Now due to the repeal of the provisions of Article 370, minorities are getting the benefit of reservation there too.

At the same time, through Article 35A, the rules of permanent citizenship of Jammu and Kashmir and the rights of citizens were decided. like –

  • According to this provision, only those who had resided in the state for 10 years on or before May 14, 1954 and acquired property there were said to be permanent citizens of Jammu and Kashmir. These residents had special rights.
  • Only permanent residents were given the right to buy land, get government jobs, take benefits of government schemes in the state. Outsiders/others did not have the right to buy land, get government jobs, enroll in institutions here.
  • If a woman from Jammu and Kashmir married a person from any other state of India, her rights over her ancestral property would be forfeited. But this was not the case with men.

But these rules changed after the government removed Article 35A from Jammu and Kashmir –

  • Now any citizen of the country is able to buy land in the state of Jammu and Kashmir. They can also do government jobs there.
  • Students from any state of the country can take admission in higher education institutions there.
  • Discrimination regarding rights between women and men has ended in Jammu and Kashmir.
  • Not only this, now any person of the country can settle in Kashmir.

Detailed

Once again in Jammu and Kashmir, along with the army, the political movement is also intensifying. From schools and colleges to high speed internet services have been stopped. The exams are already canceled and postponed due to Corona pandemic. Section-144 has been implemented in many places. There is a reason at the root of all this, that is the controversial provisions of Article 370 and 35A, which were repealed in 2019. Now the question is, what has changed in Jammu and Kashmir after the removal of this article? Why is there so much fuss over this? Further understand the answers to these questions…

The provisions of Article 370 and 35A were in force in Jammu and Kashmir from November 17, 1952. These Articles used to give certain rights and facilities to the citizens of Jammu and Kashmir and here, which are different from other parts of the country. When the government abrogated most of the provisions of Article 370 and divided it into two union territories, the political picture there changed. At the same time, some special rights and facilities available to the citizens here were also curtailed. Here are some important things that changed…

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