Was Abrogating Article 35A Beneficial for the Development of Jammu and Kashmir?


Today, we are talking about one of the most controversial topics ever in the history of India. Yes, it is Article 370 and Article 35A. It has been one year since Article 370 and Article 35A has been abrogated from the constitution.


So What Was Article 370 and Article 35A?


Article 370 gives the special status of the state of Jammu and Kashmir in terms of autonomy and its ability to formulate laws for the state's permanent residents.

Article 35A prohibits other Indian citizens to become permanent residents of Jammu and Kashmir. It provides Jammu and Kashmir Legislature a carte blanche to decide who all are “permanent residents” of the state and confers on them special rights and privileges in the public sector, job, acquisition of property in the state, scholarship, and other public aid and welfare.

Article 35A restricts non-permanent residents to buy property in Jammu and Kashmir and is constitutionally vulnerable and hampering the economic development of the state.

Arun Jaitley once said “ Article 35A was neither a part of the original constitution framed by constituent assembly nor did it come. “


How It Came Into Effect?

On 26th October 1947, the Government of India and Maharaja Hari Singh signed the instrument of accession. And from that day Jammu and Kashmir became a part of India. Article 1 declares Jammu and Kashmir as a state of India. Article 370 which states about the temporary status of J&K

On 17th October 1949 article, 35A was incorporated into the constitution of India. And on 14th May 1954 a specific order was passed by Dr. Rajendra Prasad (then president of India) whose name was “The constitution application to Jammu and Kashmir". After this presidential order in 1954, Article 35A was included in our constitution.

Jammu and Kashmir formed their own constitution and it came into effect on 17th November 1956. In 1990 Armed force special power act was imposed


How It Was Revoked From the Constitution of India?

In 2015, the Bharatiya Janta Party formed the government by joining hands together with the People Democratic Party. In 2016, Mehbooba Mufti became the Chief Minister of Jammu and Kashmir. Then, in 2018 the Bharatiya Janta Party breaks the alliance with the People Democratic Party.

In the constitution of Jammu and Kashmir, Article 92 states that if constitution machinery is not running properly then-Governor rules will take over from there. From June 2018, Governor rules start in Jammu and Kashmir and President rule from December.

In 2019 BJP won the election and its election manifesto clearly state about the abrogation the Article 370 and Article 35A. A historical decision was taken on 5th August 2019, Article 370, and Article 35A was revoked. Jammu And Kashmir both became a Union territory.


Is That All Illegal?

In the constitution, it is stated that without the agreement of the state government Article 370 could not be modified. But there hasn’t been much of a state government in Jammu and Kashmir for over a year. So no legal and constitutional fault can be found in it.


The Problem Faced by People Living in Jammu and Kashmir

As soon as the articles were abrogated it was feared that it can create violence in the state so, the government imposed a curfew there. And internet connection was shut down as it can be used to spread hate on social media. There was a total communication blackout for the most part for a week. For the Tourism industry, it was a huge blow. Because of curfew, there was zero business.


What Has Changed in One-Year Since Abrogation?

Article 370 and Article 35A was abrogated on 5th August 2019. So, on one year of abrogation Jammu and Kashmir administration has outlined numerous plan to empower people through Panchayats. 


Major Changes - 

Out of a total of 354 laws in the Jammu and Kashmir region, 164 laws have been revoked, 138 laws have been modified while 170 central laws have been made applicable. Also, five different corporations have been set up to unbundle power department corporations, and Government fund worth Rs 1000 crores have been allocated.

Violent incidents have been reduced significantly in Kashmir Valley after the abrogation. Security forces have achieved major success against terrorists.


The viewpoint of different leaders regarding the revokement

“ I want to tell the people of Jammu and Kashmir what damage Article 370 and 35A did to the state. It’s because of these sections that democracy was never fully implemented, corruption increased in the state, that no development could take place” – Mr. Amit Shah

“ You may think you have scored a victory, but you are wrong and history will prove you to be wrong. The future generation will realize what a grave mistake this house is making today “ – P Chidambaran


Conclusion

So, the abrogation has turned Jammu and Kashmir into 2 different union territories. Like we all know every coin has two sides and here also the situation is somewhat like that. For some people it is good and for some it is bad. People believed that this was a brave move to resolve the land dispute between India and Pakistan.

At the same time, people are feared about Hindu extremism. And some believe that this move can backfire anytime soon.


Written By – Akash Agrawal

Edited by - Daity Talukdar


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