Article 370, Article 35A, and J&K’s Statehood

J&K – The issues around the state

Article 370, Article 35A, and J&K’s Statehood

Prelims Only | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 370, Article 35A,

Why in the News?

Ahead of assembly elections, many political parties are vowing for restoration of Article 370, Article 35A and Statehood in their manifestoes.

About Articles 370 and 35(A) of the Indian Constitution

[1] Article 370:

	Description
Provision	Granted special autonomous status to the state of Jammu and Kashmir.
Nature	Initially intended as a temporary provision, subject to eventual change or abrogation.
Powers of State	Allowed J&K to have its own Constitution and autonomy over internal matters except defense, foreign affairs, finance, and communications.
Presidential Order	President of India could extend or modify the application of Indian laws to J&K with the concurrence of the state government.
Autonomy Details	Provides a degree of autonomy to the state and permits the state to give some special privileges to its “permanent residents”.
Emergency Provisions	Emergency provisions are not applicable to the state on the grounds of “internal disturbance” without the concurrence of the State.
State Boundaries	Name and boundaries of the State cannot be altered without the consent of its legislature.
Separate Institutions	State has its own constitution, a separate flag, and a separate penal code (Ranbir Penal Code).
Assembly Duration	Duration of the state’s Assembly is 6 years, unlike five in the rest of India.
Parliamentary Jurisdiction	Indian Parliament can pass laws regarding J&K in the matters of defense, external affairs, and communication only. Any other law formed by Union will only be applicable in J&K by presidential order if it concurs with the state assembly.
Abolishment Condition	President may, by public notification, declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State.
Abolishment	In August 5, 2019, through a Presidential Order and a resolution passed by the Indian Parliament.
Impact of Abrogation	J&K’s special status was revoked. It was reorganized into two Union Territories: Jammu and Kashmir, and Ladakh.

[2] Article 35A:

	Description
Provision	Empowers the J&K legislature to define permanent residents of the state and provide them with special rights and privileges.
Insertion	Added to the Constitution through a Presidential Order in 1954.
Permanent Residents	Defined by the state as those who were state subjects on May 14, 1954, or have been residents for 10 years, and lawfully acquired immovable property.
Special Rights	Permanent residents were given exclusive rights to employment under the state government, acquisition of immovable property in the state, and scholarships.
Constitutionality Debate	Debated on the grounds that it was not added via an amendment procedure.
Criticism	Criticized for being discriminatory and creating a sense of separation from the rest of India.
Revocation	Along with Article 370, Article 35A was effectively nullified on August 5, 2019.

PYQ:

[2016] To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss The future prospects of this provision in the context of Indian polity.

Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024