Article 370 is a temporary provision that grants special status to the state of Jammu and Kashmir. It was drafted by Sheikh Abdullah, in the year 1949. Article 370 was drafted under part 21 of the Indian Constitution, which mainly deals with temporary transition and special provisions.
The J&K Government was not willing to make it a temporary provision. However, the centre denied it and didn’t approve it.
All the provision of the Constitution which applies to the other states does not apply to Jammu and Kashmir until the state Government agrees on such provisions separately.
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Except for Defence, Communication and Foreign Affairs. It has remained in effect in Jammu and Kashmir for Decades. The central Government needs the authorisation from the state Government to apply all other Laws.
The Laws in Article 370 were very favourable for the Leaders because they had the power to make rules, which are just the opposite for the general people of Jammu and Kashmir.
Until the time Article 370 was a part of Jammu and Kashmir, many leaders have taken illegal advantages for their own benefit.
But, after the abrogation of Article 370 from Jammu and Kashmir, every individual got equal rights. One Nation, One Law. Every Citizen should have equal rights. There should be no discrimination when residing in the same Nation.
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What is Article 370 and its Provisions
The People of Jammu and Kashmir enjoy the benefit of both the citizenship, of their state as well as the country. They have two different Flags, one for the state and one for the Nation.
Even the Supreme Court Order doesn’t apply to Jammu and Kashmir. No one can purchase land, residing outside Jammu and Kashmir. No one can even get state jobs.
The citizens of the state fall under the constitution of Jammu and Kashmir rather than in the constitution of India. Insulting or disregarding the nation’s symbols like the flag and National Anthem is not considered a crime in the state, etc.
These provisions just discriminate against the citizens of India.
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Removal of Article 370
5th August’2019 is a very memorable day. Our Honourable Home Minister, Mr Amit Shah, announced the removal of Article 370 of the Indian Constitution, which was granted to Jammu and Kashmir.
The people of Jammu and Kashmir do not have a right to enjoy the citizenship of both the state as well as the country. They are now only the citizens of India.
All the Laws, rules & regulations from the central Government are applicable in Jammu and Kashmir. Now there is no separate Law for Jammu and Kashmir.
Now, the people from different regions can purchase the Land over there, which would now increase the potential of development.
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It has remained in effect in Jammu and Kashmir for Decades. Minorities were even served with the 16% reservation.
The development will help in good infrastructure, more employment and betterment of the society in the region. Elections will be held every five years.
The abrogation helped to prevent the violations of human rights across the state. It has remained in effect in Jammu and Kashmir for Decades.
There is now only one Flag, that is the National Flag of India. It is also helpful in preventing the Terrorism across the borders.
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After passing the resolution of removal of Article 370, the state of Jammu and Kashmir has been divided into two Union Territories- Jammu and Kashmir & Ladakh.
Jammu and Kashmir have become the largest Union Territory and Ladakh became the second largest Union Territory in India in terms of area after coming into force.
The Laws in the constitution of India are now 100% applicable in Jammu and Kashmir. Some say that the removal of Article 370 was illegal and unconstitutional.
The abrogation has also led to many protests and curfews in the state of Jammu and Kashmir.
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What is Article 35A
Article 35A contains a provision that sanctions the legislature of Jammu and Kashmir, the complete freedom to decide who will be the permanent residents of the state.
The state legislature can confer exclusive rights on these permanent residents in matters, of property ownership, jobs, scholarships and other Government benefits.
The women of Jammu and Kashmir will have their rights and citizenship even if they marry outside J&K after the removal of Article 35A.
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Article 35A also affected the economic development of the state. Article 35A discriminates against the citizens of India.
the people of India don’t get the permanent citizenship of Jammu and Kashmir but the people from Pakistan, who enter the region without any permission, get the citizenship.
This leads to unwanted practices in the country. Recently, Rohingya refugees entered Kashmir and they have been allowed to settle.
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So, one conclusion we must appreciate the work of the BJP Government which has done a great job in removing these provisions. As we can make out from the above facts, Article 370 and 35A were just creating a threat to the country.
This job must have been done very early, but no one cared, leaders were just having relief and benefits. “Better Late Than Never”.
Many leaders were taking illegal advantages by making their laws as per their benefits, which even didn’t benefit the public in the state and even the state government was not willing to make it a temporary provision but a permanent one, but the centre denied it.
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Abrogation of Article 370
The condition of the state hasn’t been good ever since Article 370 came into effect. The residents of Jammu and Kashmir were in fear and had a real threat of removal of these Articles.
This would disturb their businesses and their daily life which was going totally against the law. Some people say that the removal of Article 370 was illegal and unconstitutional.
When all other India is into the same rules and regulations, why not they? It’s simply discrimination. Now after the abrogation, the other threat arrived at the residents of Jammu and Kashmir, which was of getting adapted to the changes.
They might be genuine. Hope everything must have been settled well.
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What is Article 370: FAQ
When was Article 370 was removed
on 5th August 2019.
Indian Home Minister, Mr Amit Shah, announced the removal of Article 370 of the Indian Constitution, which was granted to Jammu and Kashmir.
When did the abrogation of Article 370
on 5th August 2019.
Indian Home Minister, Mr Amit Shah, announced the removal of Article 370 of the Indian Constitution, which was granted to Jammu and Kashmir.
What is Article 370
Article 370 was drafted under part 21 of the Indian Constitution, which mainly deals with temporary transition and special provisions.
Is revoking Article 370 unconstitutional
Revoking Article 370 is complete as per constitutional process.
When all other India is into the same rules and regulations, why not they? It’s simply discrimination. Now after the abrogation, the other threat arrived at the residents of Jammu and Kashmir, which was of getting adapted to the changes.
What is the purpose of Article 370
The People of Jammu and Kashmir enjoy the benefit of both the citizenship, of their state as well as the country. They have two different Flags, one for the state and one for the Nation.
Even the Supreme Court Order doesn’t apply to Jammu and Kashmir. No one can purchase land, residing outside Jammu and Kashmir. No one can even get state jobs.
What is article 370 and 35A
Article 370
1. The People of Jammu and Kashmir enjoy the benefit of both the citizenship, of their state as well as the country. They have two different Flags, one for state and one for the Nation.
2. Even the Supreme Court Order doesn’t apply to Jammu and Kashmir. No one can purchase land, residing outside Jammu and Kashmir. No one can even get state jobs.
Article 35A
1. Article 35A contains a provision that sanctions the legislature of Jammu and Kashmir, the complete freedom to decide who will be the permanent residents of the state.
2. The state legislature can confer exclusive rights on these permanent residents in matters, of property ownership, jobs, scholarships and other Government benefits.
3. The women of Jammu and Kashmir will have their rights and citizenship even if they marry outside J&K after the removal of Article 35A.
What was article 370 in Jammu and Kashmir
1. The People of Jammu and Kashmir enjoy the benefit of both the citizenship, of their state as well as the country. They have two different Flags, one for state and one for the Nation.
2. Even the Supreme Court Order doesn’t apply to Jammu and Kashmir. No one can purchase land, residing outside Jammu and Kashmir. No one can even get state jobs.
3. The citizens of the state fall under the constitution of Jammu and Kashmir rather than in the constitution of India. Insulting or Disregarding the nation’s symbols like- flags and National Anthem is not considered a crime in the state, etc. These provisions just discriminate against the citizens of India.
Which day Article 370 removed
on 5th August 2019.
Indian Home Minister, Mr Amit Shah, announced the removal of Article 370 of the Indian Constitution, which was granted to Jammu and Kashmir.
Can Article 370 be repealed?
Earlier article 370 was implemented through the Indian parliament. Now it has been revoked through the Indian parliament. If it can be repealed, it will be implemented through the Indian parliament and as per the constitution of India.
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