Article 370 and 35A AKA Kashmir’s Special status

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The Kashmir issue is one of the oldest issues. After 75 years of independence we only have developments in it , but not a permanent solution and there is only one solution and that is that Kashmir belongs to India. Pakistan never, doesn’t , will never have any right over Kashmir.

Introduction

The political debate over the Indian state of Jammu and Kashmir has revolved around Article 370 and Article 35A. These constitutional provisions, which give the area special autonomy status, have been the focus of decades of discussion, dispute, and legal scrutiny. 

Background of Article 370:

In 1949, the Indian Constitution was amended to include Article 370, which gave the state of Jammu and Kashmir special autonomy. It was intended to be a temporary clause that would give the state sovereignty over internal affairs, with the exception of defense, foreign policy, finance, and communications, as well as its own flag and constitution. The intention behind the provision was to serve as a short term solution until a long-term resolution to the Kashmir dispute could be achieved.

Backstory  of Article 35A:

In 1954, a presidential order added Article 35A to the Constitution, enabling the legislature of Jammu and Kashmir to designate individuals as permanent residents of the state and provide upon them certain rights and benefits. It gives the state government the authority to control how permanent residents can use their rights to work, buy real estate, and participate in welfare and public assistance programs.

Applications of 35A and Article 370 in Jammu and Kashmir

Special Status: Jammu and Kashmir has a special status within the Indian Union, granted by Article 370 and 35A, which gives the state considerable autonomy over its internal affairs.

Permanent Residents: Jammu and Kashmir’s Article 35A establishes the criteria for determining who is eligible to live there permanently and grants them special rights and benefits.

Land Ownership: Article 35A restricts non-residents’ ability to own property by allowing only permanent residents of Jammu and Kashmir to purchase land within the state.

Employment: The state government may reserve government positions and educational opportunities for permanent residents under Article 35A, thereby denying non-residents access to certain benefits. 

Revocation of these 370 and 35A

In the beginning I mentioned that we haven’t got any permanent solution to the Kashmir issue, but we have got some major developments and eliminating 370 and 35A was one of the fantastic developments by the Modi Govt.

Implemented in August 2019, the purpose of this change was to redefine the political and constitutional landscape of the region and bring it closer to the rest of the country. 

Reaction of opposition towards this revocation

Many political parties and other interested parties in Jammu and Kashmir opposed the move, seeing it as a violation of the region’s autonomy and identity. Protests, strikes, and regional civil unrest followed the decision.

This kind of protest and backlash was expected from the opposition, they only wanted to glorify their politics and protest from a particular community was expected for reasons we all know. 

Many Islamic and separatists groups working in POK also threatened India of revoking the 370 and 35A , and for obvious reasons Pakistan was not happy with this decision and took the matter to the UN, anyways this move my Pak failed and till now they are crying over Kashmir issue 

Conclusion

With the repeal of Article 370 and 35A, India’s policy toward Jammu and Kashmir underwent a dramatic change, moving away from the region’s special constitutional status and toward more integration and central government. Supporters celebrated it as a step toward achieving the goals of development and equality, while critics  will do only one thing that is criticizing

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