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Abrogation Of Article 370 & Article 35(A)

Article 370 is the first Article of Part XXI of the Constitution which is titled ‘Temporary, Transitional and Special Provisions’. However Article 370(3) permits deletion by a Presidential Order. Article 370 was discriminatory as it restricted parliament’s power to extend central law in the state. On subjects of Defence, External Affairs and Communications — it needed “consultation” while for extending laws on remaining subjects, “concurrence” of the state government was mandatory.

The President issued Constitution (Application to Jammu and Kashmir) Order, 2019 which superseded the Constitution (Application to Jammu and Kashmir) Order, 1954 whereby all the provisions of the Indian Constitution will apply to the state of Jammu and Kashmir.

Article 35 (A) was introduced by a Presidential Order of 1954. It empowered the Jammu and Kashmir legislature to define a “permanent resident” of the state, and to provide special rights and privileges to them.

Discrimination due to Articles 370 and 35(A)

  • People of other states couldn’t invest in land or property.
  • Manufacturing firms or multinational corporations were afraid of investing in Kashmir which might have provided jobs to the young people of Kashmir.
  • It also stopped public colleges from fulfilling vacancies. Professors cannot be hired from outside the state except in extremely low quotas.
  • Radicalization of youth due to unemployment.
  • Article 35(A) was biased against women as a male permanent resident of J&K can marry a non state subject and not lose any rights. Contrary to this, a woman from J&K who marries a non state subject is punished — she loses many of her state subject rights. Her husband and children are disbarred from acquiring the state subject status. Her children cannot inherit her property, cannot get entry into government colleges, cannot get government jobs — and cannot vote.

Legislation

The Constitution (Application to Jammu and Kashmir) Order, 2019: It was issued on 5 August, 2019 and it supersedes The Constitution (Application to Jammu and Kashmir) Order, 1954 and extended all provisions of the Indian Constitution to Jammu and Kashmir.

  • It ordered that references to the Sadr-i-Riyasat of Jammu and Kashmir shall be construed as references to the Governor of the state, and references to the Government of the State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers.
  • Through this order, Article 370 was used to amend Article 367 which deals with Interpretation, and this amendment has then been used to amend Article 370 itself.
  • The Jammu and Kashmir Reorganisation Act, 2019: It is an act of the Parliament of India. It contains provisions to reconstitute the Indian-administered State of Jammu and Kashmir into two Indian-administered Union Territories, one to be called Jammu and Kashmir, and the other Ladakh, on 31 October 2019. A bill for the act was introduced by the Minister of Home Affairs, in the Rajya Sabha, on 5 August 2019. The bill was passed in Rajya Sabha the same day and was passed by the Lok Sabha on 6 August 2019. It received the President’s assent and became an act on 9 August 2019.
  • The Union Territory of Jammu and Kashmir, with legislature, will be administered by the President through a Lieutenant Governor. The Union Territory of Ladakh, without legislature, will be administered by the President through a Lieutenant Governor.

Impact of Legislation

  • Land rates will now increase like in other parts of the country, so landowners will realize the full potential of their asset. Thus prosperity will flow which will lead to integration with mainland India.
  • Tourism potential of the state will be fully realized as investments from across the country and abroad will flow in tourism sector. More cultural assimilation will lead to more understanding of the cultural differences.
  • Ladakh culture will now get a separate identity alongside Kashmiri culture.
  • Higher education will get a boost as there will be more setting up of private universities. This will lead to more interaction among the youth of the nation.
  • Bollywood shooting will increase which will lead to more display of Kashmiri culture across India.
  • Amarnath yatra will be carried peacefully which will reflect the true syncretic culture of the nation.
  • More foreign direct investment (FDI) will boost the economy of Kashmir thereby reducing the unemployment which in turn stops radicalization of youth.