What is Article 370 and why BJP wants annulment of Article 35A
New Delhi, Apr 08: The Bharatiya Janata Party (BJP) has in its manifesto promised the abrogation of Article 370 and annulment of Article 35A.
Both have been contentious issues and parties in Jammu and Kashmir have warned against meddling with these provisions.
The Congress on the other hand is silent on Article 370 and added that only dialogue would be the way forward in the state.
What is Article 370 and 35 A and what has made these provisions so contentious.
What is Article 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 J&K, and no law hereafter enacted by the Legislature of the State:
(a) defining the classes of persons who are, or shall be, permanent residents of the State of J&K; 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) right 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 by any provision of this part."
(iv) right 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 by any provision of this part."
What is Article 370?
It accords a special status to the state of J&K. The article was created on a temporary basis when the ruler of J&K signed the instrument of accession. Article 370 came into existence after independence and the same went ahead despite opposition from Dr B R Ambedkar who felt it would cause a further division.
According to this the union government would have control over external affairs, defence and communications.
It cannot declare a financial emergency. The government of India cannot legislate on matters provided in the union and concurrent list. The union government will have to consult with the state government in any matter affecting the state. The residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. It gives a great deal of autonomy to the state government. It makes it almost another union government barring few powers which have been mentioned above.