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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.
