With Article 370 scrapped, Article 35A too goes automatically
New Delhi, Aug 05: The decision to scrap Article 370 also means that Article 35A too goes.
Article 370, included into the Constitution on October 17, 1949 exempts Jammu and Kashmir from the Indian Constitution (barring Article 1 and Article 370). It permits the state to draft its own Constitution. It also restricts the powers of Parliament's legislative powers in respect of J&K. With Article 370 set to go, it would also mean that Article 35A which stems from the main article would also go. Article 35A was introduced in 1954 through a presidential order.
Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification, Amit Shah said in Parliament.
The Presidential order says that everything in the Indian constitution will now be applicable to J&K. The constituent assembly ini Article 370 (3) will one changed to legislative assembly.
The Centre today also announced that J&K will be divided into two union territories. While Ladakh would be without a legislature, J&K will be with the legislature.
While announcing that Article 370 will be scrapped, Union Home Minister, Amit Shah said that, the Ladakh division of the state of J&K has a large area, but is sparsely populated with a very difficult terrain. There has been a long pending demand of the people of Ladakh to give it the status of a Union Territory to enable them to realise their aspirations. The Union Territory of Ladakh will be without a legislature.
Further keeping in view of the prevailing internal security situation, fuelled by cross border terrorism in the existing state of Jammu and Kashmir, a separate union territory for the Jammu and Kashmir region is being created. The Union territory of J&K will be with the legislature, Amit Shah said.