Article 370 & 35a Explained in Hindi 2019 | Jammu - Kashmir & Ladakh became Union Territory now #article370 #article35a #jammuandkashmir
What is Article 35A?
This provision of the Constitution allows the Jammu & Kashmir state Assembly to define who is and is not a “permanent resident” of the state. To further break it down, this provision of the Constitution gives the legislators from Jammu & Kashmir the exclusive power to determine as to which people in or outside the state will have special rights and privileges granted by the state.
The provision, inserted through a special Presidential order in 1954, also gives the state Assembly powers to determine the recipients of state grants, the right to purchase land and property in the state, as well as settling permanently in the region. Other than this, the legislative Assembly of Jammu & Kashmir can use the provision to restrict rights of any person not classified under “permanent resident” of the state.
Can Article 35A be amended or repealed?
The repealing of Article 35A could be a legal uphill task for the central government, experts said. For any changes to be made to the provision, the constituent Assembly of the state has to consent to it. The constituent Assembly of the state, however, ceased to exist in 1957. This, constitutional expert Shubhankar Dam said, made seeking nod from the Assembly impossible.
“One has to understand where this provision derives its powers from. When it was introduced in 1957, the state constituent Assembly raised the demand, which was then inserted on the recommendation of the President. The clause was introduced due to compromises which the Union had to make at that time. The time and context have to be understood,” said Dam.
Other experts, however, disagree and say that since there is a valid state legislative Assembly in the state, which also has constituent powers, any changes to Article 35A can be done by it.
What happens if Article 35A is repealed?
The political ramifications of the decision to repeal Article 35A notwithstanding, there are other legal-regulatory challenges that the government could face if this article were to be repealed. One of the first is that the jurisdiction of the Supreme Court of India as well as the Election Commission would get limited, some experts said.
Other than repealing, one option before the government is to delete Article 370 altogether, which would then automatically strike off Article 35A. This would, however, mean that the government would have to have a two-thirds majority in both the lower and upper House of Parliament, said Dam.
What is Article 370?
Article 370, which has been the bone of contention between the state’s politicians and the central BJP leadership, deals with special powers conferred upon the state of Jammu & Kashmir. It allows the state constituent Assembly to make its own Constitution, thereby giving it an “autonomous state” power. After the accession of the state to India in 1947, Article 370 served as a “mechanism for managing Centre-state relations with specific reference to Jammu & Kashmir,” senior journalist, late B G Verghese, had said in his book A J&K Primer.
आर्टिकल 35ए
35ए को 1954 में इसे राष्ट्रपति के आदेश के माध्यम से संविधान में जोड़ा गया था। आर्टिकल 35ए जम्मू-कश्मीर विधानसभा को राज्य के 'स्थायी निवासी' की परिभाषा तय करने का अधिकार देता है। इसके तहत जम्मू-कश्मीर के नागरिकों को कुछ खास अधिकार दिए गए हैं। अस्थायी निवासी को उन अधिकारों से वंचित किया गया है। अस्थायी नागरिक जम्मू-कश्मीर में न स्थायी रूप से बस सकते हैं और न ही वहां संपत्ति खरीद सकते हैं। अस्थायी नागरिकों को जम्मू-कश्मीर में सरकारी नौकरी और छात्रवृत्ति भी नहीं मिल सकती है। वे किसी तरह की सरकारी मदद के हकदार भी नहीं हो सकते।
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