Firstly for clarity, we discuss a timeline in which we will discuss the whole events that happened after the implementation of 35A and article 370 until August 2019 when it is removed, we will learn all about the important facts. With the help of this, you will be easily able to draw a picture of this event in your mind that is why it is discussed so widely. Why a lot of debate is going around these articles.
The first and very important date is 26 October 1947 on this day the instrument of accession (IOA) was signed between the Government of India and Raja Hari Singh from that day onwards Jammu and Kashmir became part of India.
The next essential date is 1949, in 1949 the Constitution of India was not yet done; it was still in the way of writing, on 17 October 1949 Article 370 was incorporated in the Constitution of India.
After that comes 26 January 1950, Our Republic Day. From this day on, our constitution has begun to be applicable . Now we will look at the two significant articles of the 1950 constitution on the topic related to Jammu and Kashmir. First is “Article 1” which declares Jammu and Kashmir as a state of India and the second is “Article 370” which states the temporary status of Jammu and Kashmir.
Whatever changes made in 35A and 370 are done through specific presidential orders similarly on 14 May 1954 a specific order was passed by Dr. Rajendra Prasad whose name was “The Constitution application to Jammu and Kashmir” request 1954 from this official request in 1954 Article 35A was remembered for our Constitution. This is the Article that prohibits other Indian citizens and tells them who can be a permanent resident in Jammu and Kashmir.
Generally, when you see the constitution of India you will not get 35A there but when you will see the constitution of Jammu and Kashmir you will definitely get 35A there.
The next is 17 November 1956, on this day the constitution of Jammu and Kashmir was incited to be implemented. Here we see that the constitution of Jammu and Kashmir also declares that it is an integral part of India from 1947 to 1990 many changes took place in Jammu and Kashmir. Looking at the situation of that time, the Armed forces Special Power Act was imposed in Jammu and Kashmir in 1990.
In 2015, when the Bharatiya Janata Party along with the people’s democratic party formulated a government together that 2016, Mehbuba Mufti was made Chief Minister of Jammu and Kashmir.
In June 2018, where BJP breaks its alliance with PDP. Now according to the Constitution of Jammu and Kashmir Article 92 says that if the state’s Constitution Machinery is not running properly, then governor rules take over from there. Hence in 2018 governor rules started in Jammu and Kashmir and from December 2018, the president rule was imposed in Jammu and Kashmir.
In May 2019, BJP wins in parliamentary elections and the election manifesto of BJP clearly states about the renovation of 35A ad Article 370 from Jammu and Kashmir. This was the timeline between 1947 to May 2019.
So from this timeline hope you have got a general idea about what has happened in Kashmir between the years. Now we will actually look at what is 35A and Article 370. Because article 370 came first, we will discuss it first.
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What is Article 370?
It was brought because in 1947 they signed an instrument of Accession and said that we will make a special provision for Jammu and Kashmir for fulfilling that statement, article 370 was included. From that state Our Constitution was made since then, article 370 is part of our constitution.
What Article 370 does?
It provides a special status to Jammu and Kashmir. It says that different laws of India are not appropriate in Jammu and Kashmir. Exceptional laws will be made for Jammu and Kashmir particularly. Yet, Article 370 additionally says that it is a transitory arrangement. Yes, the test of Article 370 says that the special status of Jammu and Kashmir is only a temporary provision. After that in Article 370, the removal of this article is also stated. In the removal procedure, it is stated that whenever a president wants, he can issue a public order or a public notification and can say that for today onwards article 370 is not applicable. In any case, before giving this request, he needs to take consent from the Constituent Assembly of Jammu and Kashmir. Now if the procedure of removal of Article 370 was given in that Article then why has he not removed that article earlier?
Because the Constituent assembly which was discussed for permission, that assembly was dissolved in 1957. Legislative assembly and Constitution Assembly are two different things. In Article 370 the matter was to be discussed with the Constituent assembly which was not in existence, because of this deadlock the whole problem was coming in the removal of 370.
What is Article 35A?
In article 370 for the special status for Jammu and Kashmir for fulfilling that statement in 1954, Dr. Rajendra Prasad issued a presidential order and from there onwards Article 35A came into existence. So the other states were separated from Jammu and Kashmir by article 370. 35A created discrimination among the people living in Jammu and Kashmir. Let us see how?
Firstly 35A says that all the laws which other states of our country follow will not be applicable in Jammu and Kashmir. The President along with the State Assembly will decide which are the laws that will be applicable in Jammu and Kashmir.
Secondly, 35A is that provision by which it is decided who is the permanent resident of that state and who is not. Now, what are the terms of permanent residence? The people who are considered as a permanent resident of Jammu and Kashmir have special rights and are given many privileges and those who are not a permanent resident of there have to face many limitations over there.
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How is it determined who is stable and who is not?
It is decided through 35A and the Constitution of Jammu and Kashmir. It says that somebody who is state head of that state from 14 May 1954 or the characters who are residing there for 10 years or longer or the people who had lawfully acquired an immovable property there. Only these people will be considered permanent residents and others will not. Now you will think about what matters if anyone is a permanent resident or not. But it matters a lot. For stating the importance of this if we give you an example then you will come to know that the basic right of right to vote has not been available for the non-permanent resident over there and many more objections are there which was in 35A. This provision discriminates against women. This provision and constitution of Jammu and Kashmir state that if any Kashmiri woman marries an outsider or a Non-Kashmiri then she will not be able to use her property rights anymore. But in 2002 according to the Statement of Supreme court, it is stated that the property rights of Kashmiri women will be as it is but she will not be able to transfer it to her kids. Another objective about this article is that it acts as a speed breaker for the development over there because any government jobs over there and higher education or nay land these facilities were for the people who are permanent resident over there and non-permanent resident and other people from other states can’t avail those facilities over there.
Hence, after all these provisions why any qualified doctor or any researcher and teacher or any specialist why they would prefer to go there when they know that they have to face many limitations and problems. One more important objection is that because of this provision the people who are minority and Dalit they face a lot of discrimination problems because of this provision only.
We can clearly see that between the integration of Jammu and Kashmir and other states of India the hurdles which are coming across are because of these provisions only. So now you are aware about what were the problems people were facing because of article 35A and article 370.