With the abolition of Article 370, the suspense regarding Jammu and Kashmir has also ended. Let us know on this occasion what are Articles 370 and 35A and what were their special provisions
Article 370 was implemented from 17 November 1952. This article gives a lot of facilities to the people of Kashmir which are not available to other citizens of India. 370 clearly states that India’s government will take initiative in all matters of communication, defense, foreign and affairs. Due to article 370, Jammu Kashmir has its own constitution and its administration is run according to it and not according to the constitution of India.
Jammu & Kashmir is called Switzerland of India. The lush green valleys here, clean air and clean water make this state a paradise. But for some years, the smell of gunpowder is coming in these litigants of Kashmir. The reason behind this is the selfish politics of the separatist leaders and some legal intricacies like article 370 and article 35A.
Who was Maharaja Hari Singh
After India gained independence, Jammu and Kashmir also became independent on August 15, 1947. During the independence of India, King Hari Singh was the ruler here, who wanted to keep his princely state independent. But on 20 October 1947, the Pakistan-backed ‘Azad Kashmir Army’, along with the Pakistani army, invaded Kashmir and seized a considerable part.
Under this circumstance, Maharaja Hari Singh, with the consent of Sheikh Abdullah, announced the temporary merger of Jammu & Kashmir with India on 26 October 1947 with the consent of Sheikh Abdullah to protect Jammu & Kashmir and “Instruments of Accession of Jammu & Kashmir”. Kashmir to India “.
Under this new agreement, Jammu and Kashmir had handed over only three subjects: defense, foreign affairs and communication with India to India. After the signing of the agreement, the Government of India promised that “the people of this state will form the internal constitution of the state through their own Constituent Assembly and until the Constituent Assembly of the state determines the extent of governance and jurisdiction” Till then, the Constitution of India can only provide an interim arrangement about the state.
Big things about section 370
- The flag of Jammu and Kashmir is different.
- Citizens of Jammu and Kashmir have dual citizenship.
- In Jammu and Kashmir, insulting the national flag or national symbols of India is not a crime. Here the orders of the Supreme Court of India are not valid.
- If a woman of Jammu and Kashmir marries a person from any other state of India, then that woman’s citizenship of Jammu and Kashmir will end.
- If a Kashmiri woman marries someone from Pakistan, then her husband also gets citizenship of Jammu and Kashmir.
- Pakistani lives in Kashmir also get Indian citizenship due to Article 370.
- Outside people cannot buy land in Jammu and Kashmir.
- The term of the Legislative Assembly of Jammu and Kashmir is 6 years. Whereas the legislatures of other states of India have a term of 5 years.
- The Parliament of India can legislate concerning Jammu and Kashmir within a very limited scope.
- Sharia law applies to women in Jammu and Kashmir.
- Panchayat has no authority in Jammu and Kashmir.
- Right to Information (RTI) does not apply in Jammu and Kashmir due to Section 370.
- The right to education (RTE) does not apply in Jammu and Kashmir. CAG is also not applicable here.
- Even the peon working in Jammu and Kashmir gets a salary of only two and a half thousand rupees. Minority Hindus and Sikhs do not get a 16 percent reservation in Kashmir.
How did the end of 370 and 35A
The Narendra Modi government, taking a historic decision on August 5th, 2019, abolished Article 370 giving special status to Jammu and Kashmir. Home Minister Amit Shah announced this in Parliament. He told that the state would be divided into two parts. For this, the government introduced the reorganization bill in the Rajya Sabha, which was passed by a majority.