Article 370 And 35 A
Detailed information about Article 370 And 35 A
UN gave very less value to an instrument of accession tagging Kashmir as a disputed area and said that there is a way to solve this dispute or disputed area and that way is a plebiscite. There were two pre-conditions before conducting this plebiscite and they were, First – the area occupied by Pakistan will remove the Pakistani army from that area. And areas under the Indian Army will lessen the volume of that army when these two conditions will be fulfilled plebiscite will be conducted and this dispute will be solved.
But as you and I know both countries were not ready to remove the armies from Jammu and Kashmir. Because of this plebiscite was never conducted in Jammu and Kashmir. When all of these were happening then new leaders were emerging in Jammu and Kashmir. Sheikh Abdullah. Now see, on one hand, the UN suggested a plebiscite. And on the other hand, Sheikh Abdullah was emerging as a popular hero. Between these, Jawaharlal Nehru thought why not bring any such thing that even if the plebiscite is conducted, the people of Jammu and Kashmir will feel India as their home? This thought of Jawaharlal Nehru made Article 370.
It, the first part says about the powers of the parliament. The second part of Article 370 says which laws will apply to Jammu and Kashmir. This and the most important question can Article 370 cease to exist? Now let us know the second important provision related to Jammu and Kashmir Article 35A of the constitution. After adopting Article 370 in the constitution, Indian citizenship was extended to the state subject of Jammu and Kashmir. Dr. Rajendra Prasad passed a presidential order on 14th May 1954 because of this order Article 35A was introduced in the constitution. Article 35A defines the rights of the state subject of Jammu and Kashmir.
This says that all existing laws of Jammu and Kashmir state who will be the permanent resident and what special rights and privileges provided to the permanent residents and what will be the restrictions on the nonpermanent residents. Article 35A defines the rights of permanent residents of Jammu and Kashmir.