Article 370 and happenings : Jammu and Kashmir

The special status of the state of Jammu and Kashmir in terms of autonomy and its ability to formulate laws for the state’s permanent residents. In the 1954 Presidential order, among other things, the Fundamental Rights in the Indian Constitution were made applicable to Kashmir with exceptions.
As a result, Jammu and Kashmir could make its own rules relating to permanent residency, ownership of property and fundamental rights. It could also bar Indians from outside the state from purchasing property or settling there.Prime Minister Narendra Modi and the Hindu nationalist Bharatiya Janata Party had long opposed Article 370 and revoking it was in the party’s 2019 election manifesto.
They argued it needed to be scrapped to integrate Kashmir and put it on the same footing as the rest of India. After returning to power with a massive mandate in the April-May general elections, the government lost no time in acting on its pledge.
Critics of Monday’s move are linking it to the economic slowdown that India is currently facing – they say it provides a much-needed diversion for the government. Jammu and Kashmir belongs to Maharaja Hari Singh which was known as king of Jammu and Kashmir , Maharaj Hari Singh in Kashmir inherited a unique conundrum: he was a Hindu, but held dominion over a Muslim majority. In addition, his was the only princely state bordering both India and the newly born Pakistan, giving rise to the possibility of accession to either nation. Further complicating the already tense birth of two nations was Maharaj Hari Singh’s open discussion of an independent Kashmir, which only served to confuse and delay the question of the state’s accession.
now lets us understand what’s 35A 35A.Saving of laws with respect to permanent residents and their rights.— Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted the Legislature of the State,— (a) defining the classes of persons who are, or shall be, permanent residents of the State of Jammu and Kashmir; or (b) conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects— (i) employment under the State Government; (ii) acquisition of immovable property in the State; (iii) settlement in the State; or (iv) to scholarships and such other forms of aid as the State Government may provide, shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India any provision of this Part.
JSW Group Chairman Sajjan Jindal has claimed that scrapping of archaic Article 370 will bring in peace, prosperity and hope that the ‘community’ sees this only as positive for their benefit. Article 370 of the Constitution provides autonomous status to the State of Jammu and Kashmir.On the positive side, if the decision helps in resettling the uprooted Kashmiri Pandits back home, it will be a big win. Most of these Pandits want to go back to their homes, especially those still living in abject conditions in refugee camps in Jammu and elsewhere. Let us hope this happens. Ending the discrimination against women deprived of property rights after marrying outside the Valley is also a welcome step. This could and should have been addressed earlier.
The decision to divide the state has been welcomed Ladakh. They have been demanding UT status for a while. However, the decision hasn’t gone down well in Kargil, a predominantly Muslim district, where people have come out on the streets to protest,let’s hope for good.
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The special status of the state of Jammu and Kashmir in terms of autonomy and its ability to formulate laws for the state’s permanent residents. In the 1954 Presidential order, among other things, the Fundamental Rights in the Indian Constitution were made applicable to Kashmir with exceptions. As a result, […]