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Explained: What are Articles 370 and 35A?
What is article 370 and 35a: a recent central ordinance, which extends reservation to scs and sts in j&k, throws the spotlight on article 35a, as well as article 370 from which it derives. what are these two provisions.
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What is Article 370?
Included in the Constitution on October 17, 1949, Article 370 exempts J&K from the Indian Constitution (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution. It restricts Parliament’s legislative powers in respect of J&K. For extending a central law on subjects included in the Instrument of Accession (IoA), mere “consultation” with the state government is needed. But for extending it to other matters, “concurrence” of the state government is mandatory. The IoA came into play when the Indian Independence Act, 1947 divided British India into India and Pakistan.
Explained: Here’s what has changed in Jammu and Kashmir
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For some 600 princely states whose sovereignty was restored on Independence, the Act provided for three options: to remain an independent country, join Dominion of India, or join Dominion of Pakistan — and this joining with either of the two countries was to be through an IoA. Though no prescribed form was provided, a state so joining could specify the terms on which it agreed to join. The maxim for contracts between states is pacta sunt servanda, i.e. promises between states must be honoured; if there is a breach of contract, the general rule is that parties are to be restored to the original position.
A number of other states enjoy special status under Article 371, from 371A to 371I.
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What were the terms included in the IoA for Kashmir?
The Schedule appended to the Instrument of Accession gave Parliament the power to legislate in respect of J&K only on Defence, External Affairs and Communications. In Kashmir’s Instrument of Accession in Clause 5, Raja Hari Singh, ruler of J&K, explicitly mentioned that the terms of “my Instrument of Accession cannot be varied by any amendment of the Act or of Indian Independence Act unless such amendment is accepted by me by an Instrument supplementary to this Instrument”. Clause 7 said “nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future constitution of India or to fetter my discretion to enter into arrangements with the Government of India under any such future constitution”.
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How did the accession come about?
Raja Hari Singh had initially decided to remain independent and sign standstill agreements with India and Pakistan, and Pakistan in fact signed it. But following an invasion from tribesmen and Army men in plainclothes from Pakistan, he sought the help of India, which in turn sought the accession of Kashmir to India. Hari Singh signed the Instrument of Accession on October 26, 1947 and Governor General Lord Mountbatten accepted it on October 27, 1947.
It was India’s stated policy that wherever there was a dispute on accession, it should be settled in accordance with the wishes of people rather than a unilateral decision of the ruler of the princely state. In India’s acceptance of the IoA, Lord Mountbatten stated that “it is my Government’s wish that as soon as law and order have been restored in Kashmir and her soil is cleared of the invader, the question of the State’s accession be settled by a reference to the people”. India regarded accession as purely temporary and provisional, as stated in the Government of India’s White Paper on J&K in 1948. In a letter to J&K Prime Minister Sheikh Abdullah dated May 17, 1949, Prime Minister Jawaharlal Nehru with the concurrence of Vallabhbhai Patel and N Gopalaswami Ayyangar wrote: “It has been settled policy of Government of India, which on many occasions has been stated both by Sardar Patel and me, that the Constitution of Jammu and Kashmir is a matter for determination by the people of the state represented in a Constituent Assembly convened for the purpose.”
How was Article 370 enacted?
The original draft was given by the Government of J&K. Following modification and negotiations, Article 306A (now 370) was passed in the Constituent Assembly on May 27, 1949. Moving the motion, Ayyangar said that though accession was complete, India had offered to have a plebiscite taken when the conditions were created, and if accession was not ratified then “we shall not stand in the way of Kashmir separating herself away from India”. On October 17, 1949, when Article 370 was finally included in the Constitution by India’s Constituent Assembly, Ayyangar reiterated India’s commitment to plebiscite and drafting of a separate constitution by J&K’s Constituent Assembly.
Was Article 370 a temporary provision?
It is the first article of Part XXI of the Constitution. The heading of this part is ‘Temporary, Transitional and Special Provisions’. Article 370 could be interpreted as temporary in the sense that the J&K Constituent Assembly had a right to modify/delete/retain it; it decided to retain it. Another interpretation was that accession was temporary until a plebiscite. The Union government, in a written reply in Parliament last year, said there is no proposal to remove Article 370. Delhi High Court in Kumari Vijayalaksmi (2017) too rejected a petition that said Article 370 is temporary and its continuation is a fraud on the Constitution. The Supreme Court in April 2018 said that despite the headnote using the word “temporary’, Article 370 is not temporary. In Sampat Prakash (1969) the SC refused to accept Article 370 as temporary. A five-judge Bench said “Article 370 has never ceased to be operative”. Thus, it is a permanent provision.
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Can Article 370 be deleted?
Yes, Article 370(3) permits deletion by a Presidential Order. Such an order, however, is to be preceded by the concurrence of J&K’s Constituent Assembly. Since such an Assembly was dissolved on January 26, 1957, one view is it cannot be deleted anymore. But the other view is that it can be done, but only with the concurrence of the State Assembly.
What is Article 370’s significance for the Indian Union?
Article 370 itself mentions Article 1, which includes J&K in the list of states. Article 370 has been described as a tunnel through which the Constitution is applied to J&K. Nehru, however, said in Lok Sabha on November 27, 1963 that “Article 370 has eroded”. India has used Article 370 at least 45 times to extend provisions of the Indian Constitution to J&K. This is the only way through which, by mere Presidential Orders, India has almost nullified the effect of J&K’s special status. By the 1954 order, almost the entire Constitution was extended to J&K including most Constitutional amendments. Ninety-four of 97 entries in the Union List are applicable to J&K; 26 out of 47 items of the Concurrent List have been extended.; 260 of 395 Articles have been extended to the state, besides 7 of 12 Schedules.
The Centre has used Article 370 even to amend a number of provisions of J&K’s Constitution, though that power was not given to the President under Article 370. Article 356 was extended though a similar provision that was already in Article 92 of the J&K Constitution, which required that President’s Rule could be ordered only with the concurrence of the President. To change provisions for the Governor being elected by the Assembly, Article 370 was used to convert it into a nominee of the President. To extend President’s rule beyond one year in Punjab, the government needed the 59th, 64th, 67th and 68th Constitutional Amendments, but achieved the same result in J&K just by invoking Article 370. Again, Article 249 (power of Parliament to make laws on State List entries) was extended to J&K without a resolution by the Assembly and just by a recommendation of the Governor. In certain ways, Article 370 reduces J&K’s powers in comparison to other states. It is more useful for India today than J&K.
Is there any ground in the view that Article 370 is essential for J&K being a part of India?
Article 3 of the J&K Constitution declares J&K to be an integral part of India. In the Preamble to the Constitution, not only is there no claim to sovereignty, but there is categorical acknowledgement about the object of the J&K Constitution being “to further define the existing relationship of the state with the Union of India as its integral part thereof. Moreover people of state are referred as ‘permanent residents’ not ‘citizens’.” Article 370 is not an issue of integration but of autonomy. Those who advocate its deletion are more concerned with uniformity rather than integration.
What is Article 35A?
Article 35A stems from Article 370, having been introduced through a Presidential Order in 1954. Article 35A is unique in the sense that it does not appear in the main body of the Constitution — Article 35 is immediately followed by Article 36 — but comes up in Appendix I. Article 35A empowers the J&K legislature to define the state’s permanent residents and their special rights and privileges.
Why is it being challenged?
The Supreme Court will examine whether it is unconstitutional or violates the basic structure of the Constitution. But unless it is upheld, many Presidential Orders may become questionable. Article 35A was not passed as per the amending process given in Article 368, but was inserted on the recommendation of J&K’s Constituent Assembly through a Presidential Order.
Article 370 is not only part of the Constitution but also part of federalism, which is basic structure. Accordingly, the court has upheld successive Presidential Orders under Article 370.
Since Article 35A predates basic structure theory of 1973, as per Waman Rao (1981), it cannot be tested on the touchstone of basic structure. Certain types of restrictions on purchase of land are also in place in several other states, including some in the Northeast and Himachal Pradesh. Domicile-based reservation in admissions and even jobs is followed in a number of states, including under Article 371D for undivided Andhra Pradesh . The Centre’s recent decision extending to J&K reservation benefits for SCs, STs, OBCs and those living along international borders, announced last week. throws the spotlight back on Article 35A.
Parent provision and its offshoot
Article 370.
Part of the Constitution ever since it came into effect, it lays down that only two Articles would apply to J&K: Article 1, which defines India, and Article 370 itself. Article 370 says other provisions of the Constitution can apply to J&K “subject to such exceptions and modifications as the President may by order specify”, with the concurrence of the state government and the endorsement of the J&K Constituent Assembly.
- Article 35A
Introduced by a Presidential Order of 1954, it empowers the J&K legislature to define a “permanent resident” of the state, and to provide special rights and privileges to those permanent residents.
(The author is an expert of constitutional law and Vice-Chancellor of NALSAR University of Law, Hyderabad )
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Kashmir special status explained: What are Articles 370 and 35A?
Indian government abolishes decades-old laws that gave a measure of autonomy to the disputed Muslim-majority region.
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India has scrapped a law that grants special status to Indian-administered Kashmir amid an indefinite lockdown and massive troop deployment in the disputed region.
Minister of Home Affairs Amit Shah, a close ally of Prime Minister Narendra Modi , told parliament on Monday that the president had signed a decree abolishing Article 370 of the constitution, stripping the significant autonomy Kashmir had enjoyed for seven decades.
The move is expected to further inflame tensions in the Muslim-majority region of more than seven million people and infuriate rival Pakistan.
The government, led by the Hindu nationalist Bharatiya Janata Party ( BJP ), also moved a bill proposing the Jammu and Kashmir state be divided into two “union territories” directly ruled by New Delhi.
The Jammu and Kashmir union territory will include the Hindu-majority Jammu region and will have a legislative assembly.
The Buddhist-majority Ladakh region, which has a considerable population of Shia Muslims, will also be a union territory, but it will not have an assembly.
All phones, internet services and cable networks were cut off on Sunday night and pro-India leaders placed under house arrest following days of soaring tensions.
What is Article 370?
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 from the British rule in 1947.
The article, which came into effect in 1949, exempts Jammu and Kashmir state from the Indian constitution.
It allows the Indian-administered region jurisdiction to make its own laws in all matters except finance, defence, foreign affairs and communications.
It established a separate constitution and a separate flag and denied property rights in the region to the outsiders.
That means the residents of the state live under different laws from the rest of the country in matters such as property ownership and citizenship.
What is Article 35A?
Article 35A was introduced through a presidential order in 1954 to continue the old provisions of the territory regulations under Article 370 of the Indian constitution.
The article permits the local legislature in Indian-administered Kashmir to define permanent residents of the region.
It forbids outsiders from permanently settling, buying land, holding local government jobs or winning education scholarships in the region.
The article, referred to as the Permanent Residents Law, also bars female residents of Jammu and Kashmir from property rights in the event that they marry a person from outside the state. The provision also extends to such women’s children.
While Article 35A has remained unchanged, some aspects of Article 370 have been diluted over the decades.
Critics of Article 35A say the provision did not have any parliamentary sanction, and that it discriminates against women.
Why are they being abolished?
The ruling BJP and its right-wing allies have challenged Article 35A which it calls discriminatory, through a series of petitions .
Last month, a senior BJP leader hinted that the government was planning to form exclusive Hindu settlements in the region.
Prime Minister Modi led his BJP to a landslide win in May on the back of a divisive campaign that ostensibly targeted Muslims, vowing to remoe Article 370 and its 35A provision.
“This is a straightforward pandering to the Hindu-majority electorate in India,” said Ajai Shukla, a defence analyst in New Delhi.
“There is a political polarisation here with the ruling party trying to pander to its Hindu vote bank and to anything it sees as anti-Muslim,” he told Al Jazeera. “For the government, it is a step that it had promised and now delivered on.”
What does this mean?
With Indian-administered Kashmir’s special status repealed, people from the rest of India would have the right to acquire property in Jammu and Kashmir and settle there permanently.
Kashmiris fear the move would lead to a demographic transformation of the region from majority-Muslim to majority-Hindu.
“They [the government] have not just struck down the provision of 370, but they have actually dismantled the fate of Jammu and Kashmir as it existed in the Indian constitution,” said Shukla.
“It now consists of union territories which are centrally governed – Ladakh and Jammu and Kashmir. This is a sort of a radical new provision, which many people are saying will require a constitutional amendment.”
Article 370 of the Indian constitution permits revocation of the law by presidential order. However, such an order must be introduced before the state’s Constituent Assembly.
Since that body was dissolved in 1957, experts have different views on the abrogation of the law, with some believing it needs approval by state lawmakers and others seeing a presidential order as sufficient.
According to Shukla, the order will face both legal and political challenges in the coming days.
“The first legal challenge will come from Kashmir itself. Doing away with Article 370 now opens the door for an open Palestine-type independence struggle within Kashmir,” he said.
“In India as well, there will be mounting legal challenges and political opposition which has many illustrious lawyers. It can be expected that these will be heard by a constitutional bench in the Supreme Court.”
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India’s Kashmir Conundrum: Before and After the Abrogation of Article 370
By: Sameer P. Lalwani, Ph.D. ; Gillian Gayner
Publication Type: Special Report
On August 5, 2019, the government of India revoked the constitutional autonomy of its Muslim-majority state of Jammu and Kashmir. This report—based on field interviews, new data collection, and extensive research— focuses on the revitalized insurgency and mass uprising between 2013 and 2019, explains how the Kashmir conflict evolved to a point that contributed to India’s extraordinary political gambit, and lays out both New Delhi’s strategy and the challenges the government faces going forward.
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- Since 2013, mass resistance and armed insurgency have returned and grown in India’s Kashmir Valley, partly in response to the government’s failed strategy.
- Resistance has involved mass participation in “quasi-violence” that involves semi-organized pressure by unarmed civilians to provoke, frustrate, and impose costs on the state.
- New data on quasi-violence in the Kashmir Valley reveal substantial growth since 2013, at times even outpacing armed insurgency.
- New Delhi’s strategy fixated on kinetically degrading militant organizations to improve security, which fed local militant recruitment and depressed faith in democratic institutions.
- The government’s dramatic revocation of autonomy provisions for Jammu and Kashmir in 2019 minimized international penalties and preempted significant violent responses. Whether it replicates past political engineering or pursues revolutionary demographic engineering, the state is likely to face a resurgence of violent and quasi-violent resistance.
- U.S. influence is limited, but U.S. policymakers could encourage dialogue with all stakeholders and alert New Delhi to the challenges that Indian choices will pose for cooperation if it is indefinitely bogged down in Kashmir.
About the Report
This report focuses on India’s Muslim-majority state of Jammu and Kashmir in the wake of its revoked autonomy in early August 2019, how the evolving nature of the Kashmir conflict contributed to such a political gambit, and where the situation is headed. Supported by the Asia Center at the United States Institute of Peace, this report is based on extensive research, new data collection, and field interviews in the Kashmir Valley between 2012 and 2017.
About the Authors
Sameer P. Lalwani is a senior fellow and director of the South Asia Program at the Stimson Center, where he researches nuclear deterrence, interstate rivalry, crisis behavior, and counter/insurgency. Gillian Gayner was previously a research associate at the Stimson Center.
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Article 370 and 35A: Origin, Provisions, and the Politics of Contestation
- First Online: 28 November 2020
Cite this chapter
- Aijaz Ashraf Wani 2 ,
- Imran Ahmad Khan 2 &
- Tabzeer Yaseen 3
360 Accesses
In August 2019, the Indian government revoked the autonomous status of Jammu and Kashmir (J&K), protected by Articles 370 and 35A of the Indian constitution. The special provisions had been in place since October 1947, when its ruler acceded to India through a conditional Instrument of Accession. Although there has been significant media coverage of the abrogation and subsequent military siege in Kashmir, there remains scant awareness regarding the significance of the articles for Kashmiris. This chapter provides a historical account of how the articles came into existence and discusses why they were so highly contested. It allows the reader to appreciate better the implications of the abrogation of J&K’s special provisions and why such political fallout has come in its wake.
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Wani, A.A., Khan, I.A., Yaseen, T. (2021). Article 370 and 35A: Origin, Provisions, and the Politics of Contestation. In: Hussain, S. (eds) Society and Politics of Jammu and Kashmir. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-56481-0_3
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Article 370 and 35A: Origin, Provisions and the Politics of Contestation
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2021, Serena Hussain (ed) Society and Politics of Jammu and Kashmir Palgrave Macmillan (2021)
In August 2019, the Indian government revoked the autonomous status of Jammu and Kashmir (J&K), protected by Articles 370 and 35A of the Indian constitution. The special provisions had been in place since October 1947, when its ruler acceded to India through a conditional Instrument of Accession. Although there has been significant media coverage of the abrogation and subsequent military siege in Kashmir, there remains scant awareness regarding the significance of the articles for Kashmiris. This chapter provides a historical account of how the articles came into existence and discusses why they were so highly contested. It allows the reader to appreciate better the implications of the abrogation of J&K’s special provisions and why such political fallout has come in its wake.
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Article 370
Oct 09, 2014
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Article 370. A Bridge or A Barrier. STAKEHOLDERS. Major Stakeholders. Omar Abdullah Chief Minister of J&K From JKNC. Narendra Modi Prime Minister of India From BJP. Regional political parties. Regional political party. Jammu and Kashmir National Conference.
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Article 370 A Bridge or A Barrier
STAKEHOLDERS
Major Stakeholders Omar Abdullah • Chief Minister of J&K • From JKNC Narendra Modi • Prime Minister of India • From BJP
Regional political parties Regional political party
Jammu and Kashmir National Conference • Farooq Abdullah: Head of Party • Ali MohommadSagar: Party Member • DevinderSingh Rana: Party Member • NasirAslanWani: Party Member • Qamar Ali Akhoon: Party Member • Sheikh Nazir Ahmad: General Secretary
Jammu and Kashmir Panthers Party • Bhim Singh: Founder of Party • Balwant Singh Mankotia: Head of Party • Harsh Dev Singh: Party Member • NavinBhakshi: Party Member • Mohd. Ramzan: Party Member
Jammu and Kashmir People’s Democratic Party • Mehbooba Mufti: Head of Party • Mufti Mohammad Sayeed: Member of Party • MuzaffarHussainBaig: Party Member • S.Trilok Singh Bajwa: Party Member • TareeqHameedKarra : Party Member
National Political Parties National Political Party
Bhartiya Janta Party • Amit Shah: Head of Party • L.K. Advani: Member of Party • Ravi Shankar Prasad: Party Member and Law and Justice Minister • Dr. MurliManoharJoshi: Party Member • ArunJaitely: Party Member and Defence and Finance Minister • SushmaSwaraj: Party Member and Foreign Affair Minister
Indian National Congress • Sonia Gandhi: Head of Party • Dr.Karan Singh: Senior Member, Ex-Governor of J&k, Son of Maharaja Hari Singh • Rahul Gandhi: Vice-President of Party • Dr. Manmohan Singh: Party Member and • Jaipal Reddy: Party Member • GhulamNabi Azad: Party head in RajayaSabha
Communist Party of India • S. Sudhakar Reddy: Head of Party • D. Raja: National Secretary • ArdhendhuBhushanBardhan : Party Member • BinoyViswam: Party Member • E. ChandrasekharanNair: Party Member
Communist Party of India(Marxist) • Prakash Karat: Head of Party • BasudevAcharia:Party Head in LokSabha • Brinda Karat: Party Member • Biman Bose: Party Member • ManikSarkar: Party Member
Bahujan Samaj Party • Maywati: Head of Party • Satish Chandra Mishra:General Secretary of Party • DhananjaySingh : Party Member • KadirRana : Party Member • ArvindKumar Chaudhary : Party Member
National Congress Party • SharadPawar: Head of Party • Tariq Anwar: Co-founder of Party • PrafulPatel : Party Member • AjitPawar : Party Member • R.R Patil : Party Member
Rules to be followed • The delegates are expected to use parliamentary language at all times. • The delegates can hold up a press conference anytime during the committee after taking prior consent from the Executive board. The executive board will forward the same proposal to the Secretary General. • Delegates are expected to encourage smooth running of the conference. • Delegates are supposed to wear their respective conference identity cards at all times around the neck. • Delegates are allowed to carry their laptops/ipad/tabs. The management is not responsible for any kind of loss or damage. • Delegates are requested to very carefully go though the background guides for proper research with reference to their respective committee topics. • The principle of Parliamentary procedure where only one person speaks at a time must be strictly followed. • Each member shall have one vote and decisions will be taken only if two thirds of the committee votes for it. • English is the official language for communication. • Delegates are responsible for their own trash. After each committee session, each delegate is to clean his/her own area before leaving the room. • Delegates must respect the meeting room and furniture. Delegates found writing on tables or chairs will be removed from the conference. Delegates may not bring food into the committee rooms. • Delegates will pass memo to all the other delegate member from the different party.
What are we looking after the Conference? After a two day debate with all the stakeholders the main motive of the conference is that is the abrogation of the Article 370 from the Constitution of India effective or not.
Award Policy • Each committee will award three titles ‘Principal Speaker Award’, ‘Best Opponent Award’ & ‘Best Research Award’. • ‘The Best Participating School’ will be awarded on the basis of performance in all the three simulations. • The recipients of these awards will be chosen by the Secretary General of the conference on the basis of recommendations from the simulation executive board members who will chair the respective committees. • The factors to be taken into consideration are as follows: • Extensive and accurate knowledge of committee topics, as well as application of said knowledge. • Effective and diplomatic communication with other delegates. • Contribution to pragmatic and acceptable solutions to the discussed issues. • The ability to make cohesive and swaying arguments. • Skill in the development of resolutions and amendments.
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Article 370 deals exclusively with Jammu and Kashmir State that came under the administrative control of the Government of India after the country's 15 month war that Pakistan started in 1947 to seize sovereignty and is arguably the most controversial provision of the Constitution of India. x The origin of Article 370 can be traced back to British Raj in India. Prior to the partition of 1947, India was divided in two different sets of geographical regions provinces which constituted 60 of the land area of the sub continent known as British India and princely states which constituted the rest 40 of British India. x The 562 such princely states were ruled by the Princes, Maharajas, Nawabs, Rajas and so on and ranged in size and population. They contributed 100 million of the subcontinent's total population of 400 million inhabitants at the time of independence. British looked after the defence, foreign policy and communications of these states. But the states were not directly ruled by the British and were allowed governance in internal matters such as law and order, civil liberties, health, education and economic development in return for which they each acknowledged British 'paramountcy' through individual treaties, The British gave an Indian State and its ruler protection against neighbors and usurpers by stationing company troops in its capital under the control of a British Resident. x Their citizens were not British subjects, like the other Indians, but 'British protected persons'. The troops were, of course, very much a two wedged weapon while they were protecting the prince, they were also keeping him in check, a privilege for which he was expected to pay. The case of Jammu and Kashmir was very telling in this context. 3 x The British transferred the State forever to Maharaja Gulab Singh under Treaty of Amritsar, for 75 lakhs in 1846, and fixed a nominal annual payment to protect his territories from external enemies. X In February, 1947, Government announced that independence would be given to British India, the plan was to create two independent dominions of India and Pakistan based on the Hindu and Muslim majority areas of the various provinces that constituted British India. The policy was announced by the British Government's with regard to Indian states. Political arrangements between the States on the one side and the British Crown and British India on the other were to be brought to an end under that policy. The rights surrendered by the States would revert to the States when the partition of India and Pakistan were created. The communal basis of division of British India would not affect the States at all thus, with the withdrawal of power, the princely States would become 'independent'. Neither the British Government nor the cabinet mission made any suggestion regarding the future of the princely States except that they would become legally independent. The prospect of all 562 Indian States exercising their independence came under chaos over the dominions of India and Pakistan since both competed to absorb these states. V. P. Menon proposed that the princely rulers should be persuaded to hand over just three functions of their States to the central government of India defence, external relations and communications, the same functions which had been always exercised by the British government. x There was an agreement between JandK with Pakistan and India that both will not attack JandK. While India kept its word and refrained from attacking, JandK chose to remain independent when India and Pakistan gained their independence on 15th and 14th August 1947, respectively. In spring, internal revolt begins in the Poonch region against oppressive taxation under the recently imposed direct rule by the Maharaja In August, Maharaja's forces fire upon demonstrations in favour of Kashmir joining Pakistan, burn whole villages and massacre innocent people The people of Poonch evacuate their families and at least 60,000 refugees fleeing to Jammu by 13 September. The rebellion spreads to adjacent Mirpur and Muzaffarabad. The Poonch rebels declare an independent government of "Azad Kashmir on 24 October Pakistan attacked Kashmir on 6th October 1947 by "Azad Kashmir Forces supported by Pakistan. To save JandK, the then ruler of JandK Maharaja Hari Singh chose to accede JandK to India. 1947 The Maharaja of the State of Jammu and Kashmir signs the Instrument of Accession IOA on 26 October, acceding the 75 majority Muslim region to the Indian Union, following invasion by the tribesmen from Pakistan, according to the 1948 Indian White Paper India accepts the accession, regarding it provisional until such time as the will of the people can be ascertained by a plebiscite, since Kashmir was recognized as a disputed territory. The instrument of accession was signed by the ruler of Jammu and Kashmir whereby only Defence, Communications and External Affairs were surrendered by the State to the Dominion of India. In October 1947, the then prime minister of India Pt. Jawahar Lal Nehru made certain commitments and in consideration of those the accession was made by the ruler in favors of India. Article 370 was then incorporated in the Constitution in the pursuance of those commitments. Article 370 gave JandK a greater measure of autonomy as compared to other states and the power of the Union of India is restricted in the state. The Indian Parliament would need the state governments concurrence for applying all other laws. 1947 1952 Sheikh Abdullah drifts from a position of endorsing accession to India in 1947 to insisting on the self determination of Kashmiris in 1952. In July 1952, he signs Delhi Agreement with the Central government on Centre State relationships, providing for autonomy of the State within India and of regions within the State Article 370 is confirmed and the State is allowed to have its own flag. The domination of Kashmir Valley which has a 95 Muslim majority and accounts for more than 50 of the total population of Indian JandK and Abdullah's land reforms create discontent in Jammu and Ladakh An agitation is launched in the Hindu majority Jammu region against the Delhi Agreement and in favour of full accession with the Indian Union the movement is withdrawn later, due to pressure from the Center Secessionist sentiments in the Valley and communalism in Jammu feed each other. Asim Jaiswal "Article 370" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: https://www.ijtsrd.com/papers/ijtsrd17026.pdf Paper URL: http://www.ijtsrd.com/humanities-and-the-arts/other/17026/article-370/asim-jaiswal
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Article. Definite and indefinite. Articles. A/ An The. Using Articles. What is an article? Basically, an article is an adjective. Like adjectives, articles modify nouns. a/an is used to modify non-specific or non-particular nouns. the as definite article
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Article 370 and Article 35A , Everything and Detailed PPT. #KashmirMeinTiranga. 1. 2. Article 370 J&K citizens have dual citizenship. J&K lagislative assembly's term is 6 years. It allows to established a separate constitution and a separate flag. Under this, Citizens from other states can not buy property in Jammu & Kashmir. Under this, The ...
What is Article 370 and 35A of Indian Constitution in Jammu and Kashmir News: A recent central ordinance, which extends reservation to SCs and STs in J&K, throws the spotlight on Article 35A, as well as Article 370 from which it derives. What are these two provisions?
Prime Minister Modi led his BJP to a landslide win in May on the back of a divisive campaign that ostensibly targeted Muslims, vowing to remoe Article 370 and its 35A provision. "This is a ...
In August 2019, the Indian government revoked the autonomous status of Jammu and Kashmir (J&K), protected by Articles 370 and 35A of the Indian constitution. The special provisions had been in place since October 1947, when its ruler acceded to India through a conditional Instrument of Accession. Although there has been significant media ...
On August 5, 2019, the government of India revoked the constitutional autonomy of its Muslim-majority state of Jammu and Kashmir. This report—based on field interviews, new data collection, and extensive research— focuses on the revitalized insurgency and mass uprising between 2013 and 2019, explains how the Kashmir conflict evolved to a point that contributed to India's extraordinary ...
3 article 370 and 35a: origin, provisions … 65 state of Jammu and Ka shmir was awaiting determination by plebiscite, as promised by Lord Mountbatten 11 (Teng et al. 1977 , p. 230; Jones 2002 , p ...
IMPACT OF ABOLITION OF ARTICLE 370 AND 35A.pptx - Free download as Powerpoint Presentation (.ppt / .pptx), PDF File (.pdf), Text File (.txt) or view presentation slides online.
Article-370 - Free download as Powerpoint Presentation (.ppt / .pptx), PDF File (.pdf), Text File (.txt) or view presentation slides online. Article 370 and Article 35A granted special autonomous status to Jammu and Kashmir. Article 370 allowed Jammu and Kashmir to have its own constitution and decision-making rights for all matters except defense, communications and foreign affairs.
Article 370 Ppt by Shivam - Free download as Powerpoint Presentation (.ppt / .pptx), PDF File (.pdf), Text File (.txt) or view presentation slides online. article 370
Furthermore, on October 31, 2019, J&K ceased to be a state and was bifurcated into two Union Territories (UT)—Ladakh (a UT without a legislature) and the. 3 ARTICLE 370 AND 35A: ORIGIN, PROVISIONS …55. Union Territory of Jammu and Kashmir (a UT with a legislature) (The Dawn2019). This was the first time in India's history that any state ...
On Monday, August 5, 2019, the President of India, Ram Nath Kovind, issued a presidential order, which revoked Articles 370 and 35A of the Indian constitution. The articles have institutionalized a unique constitutional relationship between Jammu & Kashmir (J&K) and the Central Government since 1954. Article 35A authorized the J&K legislature ...
Article 370 is the bedrock of the constitutional relationship between Jammu and Kashmir and the rest of India. It has been described as a tunnel through which the Constitution is applied to J&K. India has used Article 370 at least 45 times to extend provisions of the Indian Constitution to J&K. This is the only way through which, by mere ...
Here I am Discuss about Article 370 and 35A which is remove on 5th August by home Minister Amit Saha led by BJP. Tried to collect relevant details . What is Article 370 What Is Article 35A Jammu And Kashmir problem History of Article 370/35A Article 370 and Article 35A , Everything and Detailed PPT. #KashmirMeinTiranga
Article 35A stems from Article 370 and was introduced through a Presidential Order in 1954, on the recommendation of the J&K Constituent Assembly. Article 35A empowers the Jammu & Kashmir legislature to define the permanent residents of the state, and their special rights and privileges. It appears in Appendix I of the Constitution. Key Changes
Article 370 and Article 35A of the Indian Constitution have persistently caught up in controversy, not only in India but throughout the world. It stipulated autonomy to the state of J and Kin a nation like India, which though has a federal structure but at the same time possess a unitary spirit. Due to this unequal dispensation, Jammu & Kashmir ...
Political commentators such as Khosla confirm that Article 370 has enabled extensive revisions to J&K's status by presidential orders, stating 3 ARTICLE 370 AND 35A: ORIGIN, PROVISIONS … 67 how it has led to an "asymmetric in the opposite sense to that intended as it has given the Indian union greater powers over Kashmir than it has over ...
Presentation Transcript. Article 370 A Bridge or A Barrier. STAKEHOLDERS. Major Stakeholders Omar Abdullah • Chief Minister of J&K • From JKNC Narendra Modi • Prime Minister of India • From BJP. Regional political parties Regional political party.