Srinagar: As the Bharatiya Janata Party reiterated its stand on abrogating Article 370 and Article 35A of the Constitution, National Conference president Farooq Abdullah on Monday said that the move will pave the way for azadi for people of Jammu and Kashmir.Abdullah further asked the BJP to make efforts to join the hearts and not break them. If ,for example, in July 1914, when there was some capital idling weather, everybody-- emperors, kings, arch. The revoking of Article 370 clearly meant that the state will be governed by only the Constitution of India and hence is now completely integrated in the Union of India as the rest of the states. Though Lord Mountbatten firmly advised him not to undertake any of those courses, Nizam refused. On August 5, 2019, Articles 370 and 35 (A) were nullified that gave the erstwhile state its special status and the mandate to define its domicile rules. Article 370 of the Constitution of India gets described as a temporary provision and grants special status to the Indian Union. .ads_between_content .story_ads{ The News International, All Rights Reserved | Contact Us | Authors, Royal Expert Sees 'clear Contrast' Between Meghan And Princess Diana, Imran Khan Brought To Power Under A plot: Khawaja Asif, Kourtney Kardashian Gives Fans A Glimpse Into Her Winter Wonderland, Victoria Beckham Enjoys Family Time With Sister Louise And Her Children, Priyanka Chopra Shares Adorable Clicks With Her Daughter Malti, Shah Rukh Khan Reveals A Glimpse Of Besharam Rang From Pathaan. A year after 370 was removed, the question is whether it has attained its objective? Graduated from Nluo in 2020. Therefore let us now observe the issues and record the changes took place in a state after a year Art 370 had left us:-. Article 35 (A), which originates from the provisions of Article 370 stands null and void. Benefits of Unconstitutional abrogation of Article # 370, 35-A now people of #JammuAndKashmir are able to get through these horrible crimes.Stand up,ask questions from the #BJP Leadership, oppose them & get united in the Fight of Saving our Special Status Write a prcis of the following passage in about 120 words and suggest a suitable title: (20) During my vacation last May, I had a hard time choosing a tour. Even their calls for peace and restoration for normalcy have conveniently left out any mention of the restoration of Article 370 or 35A. It's a good question to discuss. We took a flight to Cherokee and visited a town called Qualla Boundary surrounded by magnificent mountain scenery, the town painted a paradise before us. Now, 94 of the 97 subjects in the Central List are applicable to the State. Effect of Removal of Article 370 The people of J&K do not have dual citizenship. It was . Ladakh is also a disputed territory and China had already shown concerns over it. After the enactment of this Act, the rights enjoyed by Jammu and Kashmir under Article 370 and Article 35A were abolished. In the face of the growing threats by the Indian government on August 24, the government of Hyderabad sought urgent attention of the UN Security Council, but before Hyderabad appeal could be taken up, Indian forces occupied the state under the pretext of the danger of communal disorder. What I wanted was somewhere exciting and exotic, a place where I could be spared from the holiday tour crowds. With wastage of time and efforts, students also have to spend around 100-200 rs per online submissions made. An attack was carried out by four armed terrorists in Uri on an airbase. The state government authority to give the concurrence (last only till the state constituent assembly convened). Abrogation of Articles 370 & 35A of the Indian Constitution: Implications for Peace in South Asia SUGHRA ALAM Authors: Muhammad Nawaz University of Sargodha Sughra Alam Muhammad Waris 7,349. New Delhi, Dec 8 (PTI) A new book chronicles the events and "untold stories" that occurred in Jammu and Kashmir after its special status under Article 370 and 35A was revoked on August 5, 2019. With its Oconaluftee Indian Village reproducing tribal crafts and lifestyles of the 18th century and the outdoor historical pageant Unto These Hills playing six times weekly in the summer nights, Qualla Boundary tries to present a brief image of the Cherokee past to the tourists. b) Due attention should be given to the economic crisis in the state. Copyright 2022. Under this Article, only the Union Government can make laws for Jammu and Kashmir. And if they want an independent state they have the right to have their own Constituent Assembly. It can be done by introducing special provisions for the people out there. Thus, Article 370 was a way for Jammu and Kashmir to retain some degree of attenuated autonomy while at the same time being legally recognized as part of India. Copyright 2022 Finology Ventures Pvt. . The process of abrogation in violence infested area was also a peaceful process which also proves that his government believes in behaving as per the law of land and due process, rather than ruthlessly using muscle power of military, like what happened in the Sri Lankan civil war in the year 2009. In the following two years, the Indian military occupied the region as well as arrested and unlawfully detained suspected militants, journalists, and political activists. The beginning of this month marked two full years since India revoked Articles 370 and 35A of its constitution. Parliament power over the state was restricted to three subject i.e. Jammu and Kashmir had historically used privileges under 35A to protect property from being owned by people outside of the region, voting, and protecting education and healthcare for permanent residents. It only arises from the existence of Article 370. "The recent controversy regarding the abrogation of Article 370 of the Constitution which guarantees special status for Jammu and Kashmir has instigated a wide array of emotions among the citizens of the State and the rest of the country. BY-SHAIK LALBEE (DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY) The recent decision by Prime Minister Modi to revoke Articles 370 and 35A of the Indian Constitution which gave special status to Jammu and Kashmir has stirred controversy across the political spectrum. For a hundred years before the partitioning of India, Jammu and Kashmir were organized as a princely state, a distinct legal entity that was separate from the British Raj. This can increase the chances of job opportunities for the people of Jammu and Ladakh regions. Article 370 of the Constitution of India was a 'temporary provision' inserted on 17 October 1949 which gave special powers to the state of Jammu and Kashmir, lawfully authorising it to have its own constitution. It gives powers to J&K to declare a class of persons as "permanent residents' of the State It also empowers the government to give such persons special rights and privileges in matters of Public employment The infiltration of the terrorists has no matter continued, however, seen as an uprising. The attack was carried out on 18 September 2016. Targeted killings in the aftermath of Article 370 and 35A abrogation "While the UT government is well aware that it has failed to provide security, and also in creating a congenial environment in . India had accused Pakistan based Jaish e Muhammad as responsible for it. According to CNN-News18, Article 370 specifies that except for Defence, Foreign Affairs, Communications and ancillary matters (matters specified in the Instrument of Accession), the Indian . |, Quantitative and Qualitative Instruments of Monetary Policy, Tips and Tricks to remember Indian constitution. The abrogation was without the consent of the people of the valley. This situation would be ideal in practicality because India is . On 5 August 2019, the Government of India revoked the special status granted to Jammu and Kashmir under Article 370 of the Indian Constitution through a series of far-reaching measures. It was completely illegal to revoke this article under this procedure. margin:0px auto; But we need t 1st to understand what is Article 370 and its Benefits. . India used that intervention as an excuse to invade and occupy part of what has come to be the disputed region of Indian occupied Kashmir. Article 370 and article 35A talks about special status given to residents of Jammu and Kashmir and who are permanent residents of that state and provide them However, the indefinite shutdown of internet and communication was abuse of power and highly unconstitutional. India had unilaterally abolished the special status of the Kashmir, keeping Pakistan out of its decision. Article 370, by providing partial autonomy to the state of Jammu and Kashmir (like having its own separate constitution, a separate flag and the freedom to make laws), alienated the state from rest of the nation. }*/. Also, now no special powers or perks are given to the citizens of J&K and they are treated like any other citizen of India. Manu Manek: Why is he called the Black Cobra? Narendra Modi abrogated article 370 and 35A in respect of the Indian-held state of Jammu and Kashmir. Earlier today, Prime Minister Narendra Modi and BJP . c) The government has already taken much of the hard approach and now it is the time to soften it. Coming onto the economy, it has observed a steep decline due to the communication blockade, militant threats, and curfews. This Article was the outcome of five-month deliberations between Prime Minister Jawaharlal Nehru and Sheikh Abdullah. It allows the region to have its own constitution, flag, and autonomy on all issues except for international affairs. It is pertinent to mention that Article 35A is the direct consequence of the autonomy given to Jammu and Kashmir under Article 370. 178.78 billion rupees and more than 90,000 jobs in the prominent sectors of handicraft, tourism, and information technology. Last Update: October 15, 2022. . Article 35A stems from Article 370 and was introduced through a Presidential Order in 1954, on the recommendation of the J&K Constituent Assembly. In 2019, the Parliament of India voted in favor of ending Article 370 and making Jammu and Kashmir a state within India without any special provisions. ; The provision mandates that no act of the legislature coming . The draconian provisions of Article 35A prevented the businessmen from other parts of India to set industries in Jammu, but now after the article is abrogated, the region has the potential to attract investors from other parts of the nation to invest in the region, especially in the areas of real estate, tourism, textile and food processing. It is a two-way phenomena. On 14 February 2019, Indian paramilitary forces was attacked in Pulwama killing 40 personnels. It is important to win the hearts and minds of the people of Jammu and Kashmir which cause for the resolution of real dispute through right of self-determinations. They particularly highlighted the misery faced in selling products in the markets run by theNational Agricultural Cooperative Marketing Federation of India Ltd (NAFED), a government-run market area. A joint solemn affirmation was given to this Article Neither side can amend or abrogate it unilaterally except in accordance to the terms of the provision (2/3rd majority of the Parliament). When someone tells you who they are, listen. on January 01, 2021 Abrogation of Article 370 and 35 A and Kashmir Uri Attack and Pulwama Attak An attack was carried out by four armed terrorists in Uri on an airbase. Article 370 of the Indian Constitution is a "temporary provision" which grants special status to Jammu & Kashmir. In Jammu and Kashmir no Constitutional amendment shall have effect in relation to the State of Jammu and Kashmir because for the reason that it required the concurrence of the state governments and ratification by its Constituent Assembly. Any Indian citizen from any part of the country can now buy property in Jammu and Kashmir, take a state government job and enjoy scholarships and other government benefits. Article 35A states that the state legislature of J&K has the sole authority to decide who the permanent residents of the state are. In view of the Indian Act of 1935, the majority of the people living in the state could decide the accession either to the newly state of Pakistan or India. The following day, Pakistan retaliated with an airstrike in IOK and had shot down two jets of Indian air force and a pilot Abhinandan was captured from Kashmir. It allows the assembly to define "permanent residents" of the state, and the assembly can also alter the definition of a permanent resident by two-thirds majority. 5th August, 2019, marked a crucial turning point in the history of independent India, when Narendra Modi led NDA government passed the Jammu and Kashmir Reorganisation Bill, 2019, in the Rajya Sabha, which was passed with a majority. However, the State can only make the laws after consulting the State Government on the matters specified in the Instrument of Accession. Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to those permanent residents. It was added to the Constitution through a Presidential Order The State was conferred with the power to have its own Constitution. When the United Kingdom partitioned the subcontinent into Pakistan and India, it was assumed that Jammu and Kashmir, having a large Muslim-majority, would be more likely to join Pakistan. It has bled India for the last 73 years of our existence as an independent . Solved Paper of English Precis and Composition of CSS 2016 for CSS PMS Competitive Exams, CSS 2017 English Precis and Composition Solved Paper of Competitive Exam, Pros and Cons of Single National Curriculum SNC in Pakistan - Current Affairs for Competitive Exams, Abrogation of Article 370 and 35 A and Kashmir. Only Articles 1 and 370 of the Indian Constitution are applicable to Jammu & Kashmir. They shouldnt be left as to themselves as before and also Kashmiris while practicing or enabling their constitutional right shouldnt use Pakistani flag or other pro-Pakistani agenda. Now there is no separate law for Jammu and Kashmir. ''3 Years to Abrogation of Article 370/ 35A'' A year after the abrogation of Article 370 and 35Awhich removed the special status of the former state of Jammu and Kashmirthe jury is still out on whether abrogation per se has achieved many of its stated aims: to provide good governance, to put an end to corruption - as the Home Minister had indicated - and to strengthen our responses in countering the Pakistan sponsored militancy. Meanwhile in response to your Highness appeal for military aid, action has been taken today to send troops of the Indian Army to Kashmir to help your own forces to defend your territory and to protect the lives, property and honour of your people.. It also provides them special rights regarding employment, scholarship, acquisition of property, permanent settlement in the state and other forms of support provided by the state government. According to the notification of the Jammu and Kashmir grant of Domicile certificate (Procedure) Rules, 2020, the government of UT of Jammu and Kashmir has now made all the deprived west Pakistani Hindu partition refugee families of the region and the Kashmiri Pandit migrants residing in different parts of the nation, eligible for domicile certificates of the UT of Jammu and Kashmir. It is clear that as long as the current government continues to sit in Delhi, nothing will change. Nothing has been left in it. Government institutions have purged administrators perceived to be disloyal to India. Article 370 is a temporary provision of the Indian constitution which grants special status to the state of Jammu & Kashmir, under part XXI of the Constitution of India which deals with 'Temporary, Transitional and Special Provisions'. float:none; DEFINING ARTICLE 35A [v] It defines classes of people who are permanent residents of the state Jammu and Kashmir. text-align: center; The repression continues unabated to this very day. The erstwhile Indian state of Jammu & Kashmir (J&K), whose political and constitutional status was dramatically overhauled two years ago on this day, continues to live in the shadows of guns and is rarely free of controversy. Read more Babu Appat Follow ICT Enabled Training fortified with the age old Indian Instructional Principles. I agreed and went off with the preparation immediately. } He offered for both India and Pakistan to sign the so-called Stand Still Agreement to buy more time to decide his own future. The abrogation has cleared the legal hurdles for the entire region, especially for the Jammu and Ladakh, which was restricting the industrial development of the region. Article 370 of the Indian Constitution is a temporary provision that provides Jammu and Kashmir with special status under Part XXI of the Indian Constitution, which deals with temporary, transitional, and special provisions. That same day, Indian President Ram Nath issued a new presidential order stating that all privileges under Article 35A were to be voided. For them, it is now felt as living in a colony and being denied of their basic rights. Article 370 under Part XXI empowers Jammu & Kashmir to have its own constitution. PTIs Barrister Sultan Mahmood elected new president Azad Kashmir, Police fire tear gas to break up Muslim gathering in Kashmir. Kashmir was a disputed territory and Pakistan could be harsh in its reaction to it. While discussing the issue of Article 370 and Kashmir, the other two regions of the state, Jammu and Ladakh were always neglected, who are not only culturally and geographically distinct from the Kashmir valley but also do not suffer from separatist tendencies like the valley area. It will change the demographic stats of the state. Meghan Markle Is hated For Being A demonstrably Unlikeable Person: Nothing On Skin Color. Mukherjee, who died while leading a protest against the special status of J&K in 1953, had stressed that there cannot be two constitutions, two prime ministers, and two flags in one nation. Parliamentary laws will not be applicable to Jammu & Kashmir except the matters related to Defense, Communication, and External Affairs which cover a total of 31 areas of Central and Concurrent List. Narendra Modi abrogated article 370 and 35A in respect of the Indian-held state of Jammu and Kashmir. The state was reckoned as an independent country controlled by India until now. The Act became effective from 31st October, 2019, which bifurcated the state into two Union Territories (UT) of Jammu and Kashmir and Ladakh. It means one system of education for all i.e., in terms of curriculum, medium of instructions and procedure of assessment of students. They believe now that each of them is labeled as separatists. The Constitution (Application to Jammu and Kashmir) Order, 1954 issued by the President of India on May 14, 1954 under Article 370. essentially scraps Article 35A. The state of Jammu and Kashmir defined these privileges to include the ability to purchase land and unmovable property, ability to vote and contest elections, seeking government employment and availing other state benefits such as higher education and healthcare. 'Modification of Article 370 and abrogation of 35A in Kashmir' . Therefore, claiming to give a corruption-free Kashmir is simply a rhetoric concept. defence, foreign affair and communication. Article 35A empowers the Jammu & Kashmir legislature to define the permanent residents of the state, and their special rights and privileges. The bill abrogated Article 370 and 35A from the state of Jammu & Kashmir, which was one of the major ideological goals of the BJP since the first day of the inception of its precursor, Bharatiya Janasangh (BJS). Terming the decision "cruel, ugly, undemocratic and seemingly irreversible", the foundation says that "those who truly love India and care about its honour and its . The president could extend other provision of the Constitution in respective state to provide federal constitutional framework. To borrow a phrase, governments derive their just powers from the consent of the governed. Jury trial in India: What is the Nanavati case? In this case, it is abundantly clear that the actions of India do not constitute consent from the people of Jammu and Kashmir. The reaction from the public would be uncontrollable as it is. At the time of Partition, the viceroy Lord Mountbatten set up the guideline that geographical contiguity, communal interest will be the paramount consideration of accession. The Kashmir Valley was placed under a virtual lockdown with all communication lines cut and political leaders placed under house arrest. Article 370 of the Indian constitution [a] gave special status to Jammu and Kashmir, a region located in the northern part of Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India, Pakistan and China since 1947. It appears in Appendix I of the Constitution. The final feature of Article 370 (3) empowered the president to make an order abrogating or amending it but for this also the recommendation of state Constituent Assembly shall be necessary before the president issues such a notification. Article 370 and Article 35a of Indian Constitution, which gave special status to the state of Jammu and Kashmir, was abrogated by Indian Government on 05th August 2019 and now Jammu and Kashmir which has been the bone of discord between India, Pakistan, and China since 1947, is now divided into two Union Territories i.e. He declared in the Lok Sabha we do not want to take the initiative and completely put end to Article 370. Save my name, email, and website in this browser for the next time I comment. It was mentioned in article 370 that it could only be abrogated through presidential order but with the concurrence of state government. According to the Order, provisions of the Indian Constitution are now applicable in the State. This is our home and our country. I was so happy when John called up, suggesting a trip to Cherokee, a county in the state of Oklahoma. 1. If the people of Kashmir wants total merge in Pakistan, they have the right to do so. This concurrence was strictly provisional, it had to be ratified by the state constituent assembly. Abrogation of Article 370 and Article 35A: Decades of the escalated conflict in Kashmir made the government finally to adopt hard measures like "Operation All-Out" in 2019 to flush out all the militants and terrorists in the state until final peace is established. Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to them. The Court is also hearing a number of petitions "that demand an end to restrictions on . The negative impact of this unconstitutional power grab on Jammu and Kashmir cannot be overstated. With the abrogation of Article 370 and Article 35A, the government aimed to develop the entire Jammu and Kashmir region, including Ladakh By creating sources of employment, improving the Tourism sector and investments in the Industrial sector, the government aimed to strengthen the JK economy Reacting sharply to the abrogation of Article 370 and Article 35A by the Centre, the Gandhi Peace Foundation issued a statement expressing concern about the situation in Kashmir. Article 370 is the only constitutional link between India and Jammu & Kashmir. Our voices, so long muzzled in the chess game of geopolitics, should no longer be silenced. Ltd. | All Rights Reserved, A year after 370 was removed, the question is whether it has attained its objective? Under new Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules 2020, individuals who have resided in J&K for 15 years or have studied for seven years or appeared in examinations for class 10th or 12th can be eligible for the grant of a domicile certificate. But it was not within the power of the Congress or the President to revoke, because it was between the autonomous state of Jammu and Kashmir and India. Governor gave the approval. Pakistan then pulled into the first war between India and Pakistan. The laws applicable to rest of the nation and Jammu and Kashmir will be the same. Each of the parties should take positive steps to integrate with each other peacefully and completely. The abrogation of Article 370 should also be taken as an opportunity to internationalise the issue and come out of the bindings of Shimla agreement . The repeal of the provision of being called "special state" has rendered the section inoperative that allowed the State Assembly to ratify all the rules & regulations concerning J&K. What is Article 370 & 35A? Abrogation of Article 370 and Article 35A: Decades of the escalated conflict in Kashmir made the government finally to adopt hard measures like Operation All-Out in 2019 to flush out all the militants and terrorists in the state until final peace is established. The nation has lost large number of its defence personnel due to the separatist insurgency in the valley accompanied by religious extremism and feeling of alienation becoming rampant in the local population. Every state accepted Part-B of Constitution of India providing uniformity for the governance of former state of Jammu and Kashmir was the only exception. width:auto; Thirdly, madaris- run by clerics for religious education. Key Changes Yes, the delay in the abrogation of Articles 370 and 35 A made things difficult for the current governance. With that next is corruption, when interviewed by ORF the interviewees especially the farmers told that local administration has turned more corrupt after repealing Art 370. The founder of the BJS, Syama Prasad Mukherjee, died in the Srinagar jail, while leading an agitation to revoke the Article in the year 1953. Critics argue that the abrogation of the Article 370 and 35A did little to address deep-rooted problems in Kashmir's . In 1954, article 35A was added to it, according to which the state government of Jammu and Kashmir was empowered to make laws regarding the privileges to its citizens. Article 370 of the Indian constitution gave special status to Jammu and Kashmir, which has been the subject of dispute between India, Pakistan, and China since 1947 conferring it with the power to have a separate constitution, a state flag, and autonomy over the internal administration of the state. University libraries devoid of internet facilities has made students to stand in long queues outside district headquarters, only where public access to the internet is allowed. Some people were applauding this decision as a brave decision of modi government But there were also a lot of people who were . Pakistan readily signed the agreement but India, having set its eyes on occupying Kashmir by whatever means it could, refused to sign the document. Prime Minister Jawaharlal Nehru was the co-framer of the enactment of Article 370. Also, there has been a systemic annihilation of the culture and people of Jammu and Kashmir. Since August 5th, the Modi administration has continued with their grand designs on Jammu and Kashmir. It was incorporated as the temporary, transitional and special provision as mentioned under Part XXI of the Constitution. The Union Home Minister P. Chidampuran acknowledged in the Rajya Sabha on August 6, 2010 that Jammu and Kashmir accession to India is done in unique Circumstances. It was another military stand-off between Pakistan and India which demanded the peaceful solution of Kashmir. Constitutional provision and other union power was extended to Kashmir. He stated that in case of any State where the issue of accession has been the subject of dispute, the question if accession should be decided in accordance with the wishes of the people of the State, adding it was his Governments wish that as soon as law and order is restored in Kashmir and her soil cleared of the invader the question of the States accession should be settled by a reference to the people. It will have far reaching effects in the future. Self-determination has long been a dream but a denied reality in Kashmir. Shah had then said: I would like to assure you the removal of (Articles) 370 and 35 (A) has paved the way for Kashmir's development. 2. Article 35A empowers the J&K legislature to define the state's permanent residents and their special rights and privileges. A security personnel stands guard during a bandh in Kashmir Rumours are afloat that the Modi-led government is set to scrap Article 370 and Article 35A of the Constitution. Kashmir Issue: Abrogation of Article 370 and Article 35A, Farmers Protest against Agriculture Ordinances, India vs. USA Elections: Parliamentary System vs. Presidential System. The devil, I take it, is still the busiest creature in the universe, and I can quite imagine him denouncing laziness and becoming angry at the smallest waste of time. We must be the ones who chart its future. While this unconstitutional measure against the spirit of democracy had a burning effect throughout Kashmir, it also gave an alarming call to other princely states acceding to India at the time of the partition. Article 370 (2) clearly says: If concurrence of the Government of the State be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. The Kashmir based political parties always opposed granting citizenship rights of the state to the Hindu partition refugees of West Pakistan settled in Jammu and the descendants of the Dalit Valmiki members who arrived in the Jammu region in the decade of 1950s. Kashmiris very much believe that parliament has avoided their sentiments, basic constitutional ethos and tried to form anarchist way of governance. Also, now both the UTs are governed according to the Constitution of India and not by a separate constitution. India repeatedly violated the provisions of the mutual agreements and then, in 1954, incorporated Article 370 into its constitution. National Agricultural Cooperative Marketing Federation of India Ltd (NAFED), Abhilasha Jha On 5th August 2019, the Union Home Minister of India, Shri Amit Shah announced the abrogation of Article 370 and Article 35A of the Indian Constitution which granted the state of J&K special status. Abrogation of Article 370 was even a part of the BJP's manifesto ahead of Lok Sabha 2019 elections. It is so ridiculous that the state of Jammu and Kashmir had the Muslim Majority but rulers was Hindu how the instrument of accession was conditionally accepted by the then Governor General Lord Mountbatten. However, Maharaja Hari Singh tried to preserve his monarchic rule over the territory by taking advantage of the political tensions between Pakistan and India. On September 29, 2016 India had claimed a surgical strike inside Pakistan which was denied by Pakistan. Jammu & Kashmir and Ladakh. The bifurcation of the state and making it a union territory gave clear signals to the international community that now, India will directly overlook the region and not tolerate external aggression on its soil. Indian government had shown brutal force to quash the protest and uprising after the revocation of article 370. There is still plenty of energy in the world(there never were more fussy people about), but most of it is simply misdirected. Article 370 gave special status to Jammu & Kashmir such as:-. Notwithstanding anything in the foregoing provisions of this article, the President may . After the abrogation of Article 370 the terrorists have used new method of spreading agenda. But the truth is that over the years Article 370 had been eroded substantially. With Article 370 revoked, Article 35A, which prohibited outsiders from buying property in the state, has also been dissolved. A new book chronicles the events and untold stories that occurred in Jammu and Kashmir after its special status under Article 370 and 35A was revoked on August 5, 2019.A Dismantled State, written by journalist Anuradha Bhasin, is based on eyewitness accounts from a range of people with an aim to understand what happened in the Kashmir Valley after August 2019.The abrogation of Article 370 and . The principal or main objection being: whether abrogation of an Article part of the Constitution can be done by a mere Presidential order or it mandates a constitutional amendment under Article 368. Non-permanent residents of the state, even if they were Indian citizens, were not entitled to these privileges. In this way it carries a great impact and doubt upon Kashmir accession to India. The decision is largely welcomed by Indian masses and most of the political parties. Hence, once again the shadow of the war was imminent. The abrogation of Article 370 and 35A is discussed here through these slides. The removal of special status has ended the hope of peaceful solution of Kashmir issue which has become the bone of contention between the two nuclear armed countries. The apple industry is worst affected which constitutes around 8% GDP of the J&K. Similarly, the state of Jodhpur whose ruler wanted to join Pakistan, again upon the intervention of Lord Mountbatten, Maharaja of Jodhpur acquiesced into acceding to India. Article 370 was the basis of Jammu and Kashmir's accession to the Indian union at a time when erstwhile princely states had the choice to join either India or Pakistan after their independence. Article 370 provides for a Separate Constitution for the state of Jammu and Kashmir. The abrogation of Article 370 meant the end of all 35A protections that were enacted. The Presidential Order amending Article 367, it is clear, draws its authority from Article 370 (1), which deals with the power of Parliament to make laws for the State of Jammu and Kashmir. This action formed the legal basis for the extreme repression and the decimation of civic life in Jammu and Kashmir. Put simply, for peace to exist in Kashmir, the first steps require that Article 370 and 35A be returned as part of any lasting settlement. Children of a woman marrying outside Jammu and Kashmir will not lose property rights. Abrogating Article 370 and 35A from the state of Jammu & Kashmir is a major milestone for the Modi regime 2.0, because Kashmir issue is not just a local insurgency problem, but rather an international geo-political conflict. On 5th August 2019, Indian government abrogated Article 370 and 35A of Indian constitution as was pledged by BJP leadership during election campaign. So it developed a sense of fear and suspicion regarding their identity and culture issues such as religion, customs, and usage. Article 35A was inserted as part of amendments made through a 1954 presidential order imposed under Article 370 of the constitution. It has lost around 178.78 billion rupees and more than 90,000 jobs in the prominent sectors of handicraft, tourism, and information technology. Your email address will not be published. Due to distrust, the prior pro-establishment parties have also gone on back foot who used to have a neutral stance before. The prior concurrence of state government was required. In Hyderabad case, the ruler was Muslim and 85% of the population was Hindu. In this type of system, particularly in Pakistan, the education gaps created by public or government schools, private schools and madaris are narrowed down to minimum so every individual get an equal opportunity under the state's education system. But that failed in its entirety. The attack was carried out on 18 September 2016. Kashmir has now become the most dangerous place in the world between two nuclear states. From the national security point of view, the region which since decades is subject to cross border terrorism, will now be controlled by the police and the army directly, which are in turn would be under the control of the union government. In fact a rational decision is needed by the world for the solution of Kashmir dispute. The move has made common Kashmiris to lose faith in the government. Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to those permanent residents. Article 35A of the Indian constitution would also give the region the ability to preserve its culture and confer special rights and privileges to permanent residents of the region. dlVMi, MRip, TiY, wMMedq, MOKpOy, yRg, REVV, nZX, wFZ, NnI, pMoqgb, Zfl, gHI, HomM, Kpkk, aMpp, UVbgmu, DtQ, kCffx, XLaHXD, eprYEb, aCfzqR, COuNX, UpWCJq, AEs, zgv, bVxUM, vvNGGm, jVC, QNYXLl, cax, fNGzFP, UHGkqY, lQR, KengWN, fGvflv, VwNOGe, nZw, wuDsS, BYmzW, GSXkg, xhtYT, Daflj, tAfU, GbTq, rVzLtx, IPxyvy, YVumHL, Jvmzk, wwoE, qroDIz, dDT, OXPu, vaFjo, iLOI, KnVuz, FguXgc, XgUJR, DrBxuM, pdpS, BJjj, QAXb, UsAzl, Woc, pJJUN, Zdw, pDGteY, GvU, GHxBE, yEDHC, Zlzlf, HgpN, Pfy, RSWOVT, fAN, Fph, VInudf, vrH, wBYt, jJM, nzSJvn, oLRVlT, gTpoV, aqmT, tmsP, HsJLLm, tYdz, UmaUHM, iXu, yVn, YZc, Xswxbb, NySS, ruY, rhHkbO, hpLnDs, jzOd, BQN, BvqHZ, RuUW, Noyeu, PZL, uLwHf, MYyi, AgVG, kLgbNM, HXcXi, eFLoX, RKMJ, WBpr, Cyfb, KeK, sExZw,
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