Removal of Article 370: Impact on Kashmir

The most awaited step by the Modi government was taken on 5th August by removing article 370 from Kashmir. Now, India will have Jammu and Kashmir as one union territory with Ladakh as another. Basically, the amendment of the article is a big step but do we know the impact it puts on the Kashmiris? Everyone is in shock, but mostly, the Kashmiris. The rules they had been following for a long time are now changed. It’s really difficult to understand Kashmiri people without going too deep. Ok, so we will talk about article 370. Wait! Do we even know what it was before the removal of article 370? No? Here, read it.

History of Jammu and Kashmir (basically why they had to apply article 370 and 35A)

article 370

After Independence, the Indian Union was incorporated to the small princely states.  Even before the process of joining Jammu and Kashmir into the Union of India, Pakistan-backed tribesmen attacked it.  At that time King Hari Singh of Kashmir was the King of Kashmir.  He proposed the accession of Kashmir to India.

It was not so much time that the constitutional process of merger of Kashmir into India could be completed.  In view of the situation, Gopalaswami Iyengar presented the draft of 306-A, which later became Article 370, in the Federal Constituent Assembly.  In this way, Jammu and Kashmir got different rights from other states of India.

 What are the rights:

  • People from other states of India can not buy land in Jammu and Kashmir.
  • Section 360, which imposes financial emergency, does not apply to J & K.
  • There is a separate flag of Jammu and Kashmir.
  • India’s Parliament can not make any law other than defense, foreign affairs and communications in Jammu and Kashmir.
  • Section 356 is not applicable, the President does not have the right to sack the state’s constitution.
  • If a girl from Kashmir marries an outsider, her citizenship of Kashmir will be lost.
  • Jammu and Kashmir cannot be under President’s rule.

35 A was the rule of king Hari Singh

This is in the constitution of J&K which is also a part of the Constitution of India.

 ● Maharaja Hari Singh was not ready to merge without 35A. This has been discussed in the Indian Parliament while Sardar Patel and Shyamaprasad were alive.

Why came 35A:

  • Maharaja Hari Singh did not want the people of British India to buy land in J&K. British were never given land.
  • The main reason is to end Zamindari in J&K
  • 35A gives land of landlords to farmers
  • Lakhs of acres of land were distributed till 1950-73
  • Landless farmer is only 2% in J&K
  • Landless farmer in India is 23%
  • BPL is less than 10% in J&K
  • Even today the landmine is behind the removal of 35A.

Also read PROTECTION OF WOMEN UNDER INDIAN CONSTITUTION

Does 35A prevent Indians from land?

Is false..

  • J&K government permission required
  • Army has millions of acres of land
  • Government companies have land
  • J&K has land of Birla, ITC, Taj, Oberoi

Can 35A be removed?

  • To remove 35A consent of J&K Assembly of J&K Constituent Assembly is required. The court cannot do anything.
  • The Supreme Court has been petitioning for the removal of 35A since 2014 .. Modi has not given any affidavit against the 35A despite the Supreme Court repeatedly saying
  • If Modi dares, then file an affidavit against 35A in Supreme Court pass a resolution to remove 35A in Lok Sabha.

Changes after the removal of article 370 and 35A:

  • 16% reservation is given to minorities.
  • RTE is applicable.
  • Same constitutional practices are applicable.
  • Outsiders from the state can buy property.
  • Girls can get married outside the are and still have their ownership of the state.
  • Same tricolor flag will be hoisted.

Article 370 of the Indian Constitution gave special status to the region of Jammu and Kashmir.  The article was drafted in Part XXI of the Constitution: provisional, transitional and special provisions. The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to recommend articles of the Indian Constitution which should be implemented in the state or Article 370 should be repealed altogether.  Later the Jammu and Kashmir Constituent Assembly formulated the constitution of the state and dissolved itself without recommending repeal of Article 370, the article being considered a permanent feature of the Indian Constitution. 

 With this Article 35A defined that the residents of the state of Jammu and Kashmir live under a different set of laws, relating to citizenship, property ownership and fundamental rights, as compared to residents of other Indian states.  As a result of this provision, Indian citizens of other states cannot buy land or property in Jammu and Kashmir. 

On August 5, 2019, President of India Ram Nath Kovind, canceling the order of 1954 issued a constitutional order and implemented all provisions of the Indian Constitution on Jammu and Kashmir.  This order made Article 370 and Article 35A of the Indian Constitution ineffective.

 Home Minister Amit Shah moved a resolution in the upper house of Parliament, the Rajya Sabha, demanding the separation of the state with Jammu and Kashmir as a union territory and Ladakh region as a separate union territory.

Reading the above, we realise how good a decision it was by the Modi government for our nation. Those who complain about his foreign trips got a tight slap with this. Our prime minister is heartily congratulated for the bold decision taken by the government regarding Kashmir.

 This is the time to be careful. It would be good to pay attention to the following things-

 1. Harassing behavior should be avoided.

 2. It is a time to be careful not to celebrate the festival – dispensing sweets, playing drums etc., lighting lamps or avoiding fireworks.

 3. There is a need to be highly alert.

 4. Report any unusual movement to the police

 6. Maintain mutual brotherhood better than ever from all religions.

 5. Under any circumstances, every society should stand unitedly and stand up for the country.

 Information released in public interest.

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