Modi govt. cleverly used art 370 to remove special status. Article 35A has been scrapped by supersession of the 1954 presidential order and by applying all the provisions of the Constitution to the state of J&K.
The Shadow Constitution:
There is an Indian Constitution which is applicable on all over India & there is its shadow self which is applicable only& exclusively on Jammu &Kashmir. This Shadow self of constitution refers to Article 35A. Article 35A was inserted through a special Presidential order, neither debated in constituent assembly, nor approved by the parliament.
35A does not form part of the Indian constitution, but is part of Indian constitution as is applied to J&K.
- Main feature of Article 370:-
- Indian Parliament cannot make any law without the consent of state Assembly
- Jammu Kashmir has its own flag and constitution
- President rule cannot be proclaimed in that state Only Governor rule can be imposed.
- Except for Defense, Foreign Affairs, Finance and Communications, the Indian Government needs the State Government’s nod to apply all other laws.
- The central govt. has no power to impose financial emergency in the state. Emergency can be imposed only on the grounds of internal disturbances and imminent danger from a foreign enemy.
- Due to this article, Indian nationals belonging to other states cannot buy land or property in the state of J&K.
- In pursuance of this provision , Article 35A has been added by Special Presidentialorder, “The Constitution (Application to Jammu & Kashmir) Order, 1954”. It has not been voted upon by the constituent assembly, and hence, it is not found in the text of Constitution of India.
Main Features of Article 35A
- 35A. Saving of laws with respect to permanent residents and their rights.
- Article 35A was added to constitution by a special order issued by President Rajendra Prasad, on advice by Cabinet of Mr. Jawaharlal Nehru. It was neither discussed in Constitution Assembly nor in Parliament.
- This Article provides for the rights and privileges of the permanent resident of the Jammu and Kashmir which exclude any person from all State’s benefits who is not the permanent resident of the State.
- These rights are in consonance with Maharaja Hari Singh’s notifications of 1927 & 1932 defining state subjects and their rights.
Hurdle in Removal of art 370:
Article 370 provides its removal itself. It states that President can take out Presidential order or notice if Constituent Assembly of J&K recommends. But there is a hindernce that the constituent assembly of J&K formed in 1956 no longer exist.
How art 370 removed:
The government has issued a Presidential notification scrapping Application to Jammu and Kashmir order, 1954, under which the Article 370 was introduced, and replaced it with ‘The Constitution (Application to Jammu and Kashmir) Order, 2019. The 1954 provision has been superseded.
Result of Removal of Article 370 and 35A :
Removal of J&K Constitution has brought the state under provisions of Article 1&2 and therefore, the center now has powers to change its boundaries.
In regards with that, Jammu Kashmir Reorganisation Bill, 2019 has been presented in the Rajya Sabha. It proposes to divide the state in 3 Union territories viz. Jammu, Kashmir & Ladakh.
My Opinion :
I really never had thought that this can be possible that article 370 will be scrapped from the Constitution. It is a very happy and cheerful moment for all the Indians including me. Thanks to Modi government who given this moment of happiness to all Indians.
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