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The article 370 was about the Jammu & Kashmir state’s constant with Indian union. It was the era of separations when large states had the right to unite with India or Pakistan. It happened in 1947 when the subcontinent got freedom from British rule.

Under this Law, the region Jammu & Kashmir, regulated by the Indian constitution has the authority to make its own laws for all affairs excluding Defense, Communications, Foreign affairs, and Finance.

The Article made a detached constitution and a separate flag and it prohibited the non-residents to own property in the territory.

So, this Article 370 made the region detached state with separate regulations from the rest of the country, for example, citizenship and land ownership.  

What is Article 35A?

Jammu & KashmirState’s legislation had been empowered by the Indian constitution’s article 35A act on 14 May 1954. The article 35A embodied by the Indian constitution under the president’s order to classify permanent inhabitants of Jammu & Kashmir.

Therefore, to provide them with rights & privileges. Article 35A was issued under Article 370 by the Indian President.

The state defined the freedom of purchasing property, voting rights and to take part in the elections as a contestant, getting a higher education, health care and government jobs.

Furthermore, all mentioned freedoms were for permanent citizens but not for non-permanent citizens even if they were Indians.

ARTICLE 370 AND REVOCATION OF ARTICLE 35 A OF THE CONSTITUTION OF INDIA

The Indian President issued an unprecedented presidential order on 5-08-2019.

Through which Indian constitution clauses are applied only to those states that are entitled with no special provisions which omits the states with privileges and which is nullifying the said article 35A, to preserve the previous provisions of the state’s regulations Article 35A was ascertained under article 370 by the Indian constitution.

The article allows the local constitution in Jammu & Kashmir under the regulation of India to declare permanent residents or province.

What Change Would This Bring?

The Jammu & Kashmir regulated by the Indian constitution have annulled its standing.

Now people from every corner of India have the right to purchase and acquire the ownership. Also, they have the right to settle there as a citizen.

Therefore, local people are in a panic because of this revolutionary yet unpredictable demographic change of the Jammu & Kashmir.

There is a good chance of the replacement of the minority of the Hindu community to the Majority of the Hindu community. 

The modification of the 370 may deconstruct the entire outlook of Jammu & Kashmir.

Also, in October 2015 High court in Jammu Kashmir clearly declared that Article 370 is unchangeable and it cannot be amended. Also, they advised the president to revoke the matter.

According to Shukla, the new states will necessitate a constitutional amendment. Constitution will be introduced to the state’s Constituent Assembly. The Constitution might face legal and political challenges. The Indian government will also face challenges from the opposition.

Post Author: Legal Solutio

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