What are Articles 370 and 35A?
Articles 370 and 35A: We must know why Articles 370 and 35A have become the bone of contention between Jammu and Kashmir and the Centre while fear is palpable that the BJP-led NDA government has deployed additional troops in the Valley to abolish the two Articles. While Article 370 of the Constitution grants autonomy to Jammu and Kashmir, Article 35A provides special rights and privileges to the citizens of the border state.
Here’s all you need to know about Articles 35A and 370 of the Indian constitution and why regional political parties in Kashmir opposing their removal in the state.
What is Articles 370?
J&K, which was a princely state, had joined India through the instrument of accession after Its ruler Maharaja Hari Singh signed a pact with New Delhi on October 26, 1947. After J&K’s accession, its leader Sheikh Abdullah took over reins from the Dogra ruler in 1949 and negotiated the state’s political relationship with New Delhi which led to the inclusion of Article 370 in the Constitution. Article 370 allows the Center to exercise its power in three subjects — foreign affairs, defence and Communications. It says Center can’t declare a financial emergency, interfere in the legislative and internal matters of the state. It also prohibits citizens from other states of the country from buying property in Jammu & Kashmir.
What is Articles 35A?
Article 35A says the legislature of Jammu and Kashmir has the right to define permanent residents of the state. It also provides special rights and privileges to the permanent residents. NGO We the
Citizens claimed Article 35A was added to the Constitution without Parliament’s approval (Article 368). Article 35A was inserted to the Constitution via a presidential order in 1954 under the 1952 Delhi Agreement between Abdullah and Nehru, Articles 35A defines who are permanent residents of Kashmir and confers special rights on them.
– Says all persons born or settled in the state before 1911 or after are permanent residents of Kashmir
– All emigrants from Jammu & Kashmir, including those who migrated from Kashmir, are considered state subjects.
– The descendants of emigrants are considered state subjects for two generations.
– Bars non-residents of Kashmir from buying properties. Permanent settlement law prohibits non-permanent residents from acquiring immovable property, govt jobs, scholarships and jobs
– Disqualified a Kashmiri woman from her state subject rights if she marries a non-permanent resident. However, in October 2002, the J&K High Court held that women married to
non-permanent residents will not lose their rights.
– Treats workers and settlers like the SC/ ST people, including the Valmikis who were brought to the Valley in 1957, as Safai Karmacharis, not permanent residents.
Here’s all you need to know about Articles 35A and 370 of the Indian constitution and why regional political parties in Kashmir opposing their removal in the state.
What is Articles 370?
J&K, which was a princely state, had joined India through the instrument of accession after Its ruler Maharaja Hari Singh signed a pact with New Delhi on October 26, 1947. After J&K’s accession, its leader Sheikh Abdullah took over reins from the Dogra ruler in 1949 and negotiated the state’s political relationship with New Delhi which led to the inclusion of Article 370 in the Constitution. Article 370 allows the Center to exercise its power in three subjects — foreign affairs, defence and Communications. It says Center can’t declare a financial emergency, interfere in the legislative and internal matters of the state. It also prohibits citizens from other states of the country from buying property in Jammu & Kashmir.
What is Articles 35A?
Article 35A says the legislature of Jammu and Kashmir has the right to define permanent residents of the state. It also provides special rights and privileges to the permanent residents. NGO We the
Citizens claimed Article 35A was added to the Constitution without Parliament’s approval (Article 368). Article 35A was inserted to the Constitution via a presidential order in 1954 under the 1952 Delhi Agreement between Abdullah and Nehru, Articles 35A defines who are permanent residents of Kashmir and confers special rights on them.
– Says all persons born or settled in the state before 1911 or after are permanent residents of Kashmir
– All emigrants from Jammu & Kashmir, including those who migrated from Kashmir, are considered state subjects.
– The descendants of emigrants are considered state subjects for two generations.
– Bars non-residents of Kashmir from buying properties. Permanent settlement law prohibits non-permanent residents from acquiring immovable property, govt jobs, scholarships and jobs
– Disqualified a Kashmiri woman from her state subject rights if she marries a non-permanent resident. However, in October 2002, the J&K High Court held that women married to
non-permanent residents will not lose their rights.
– Treats workers and settlers like the SC/ ST people, including the Valmikis who were brought to the Valley in 1957, as Safai Karmacharis, not permanent residents.
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