Question

about Article 370 and 35A​

Answer 1

Answer:

Parliament needs the Jammu & Kashmir government's approval for applying laws in the state — except in cases of defence, foreign affairs, finance, and communications.

The law of citizenship, ownership of property, and fundamental rights of the residents of Jammu & Kashmir is different from the residents living in rest of India. Under Article 370, citizens from other states cannot buy property in Jammu & Kashmir. Under Article 370, the Centre has no power to declare a financial emergency in the state.

It is important to note that Article 370(1)(c) explicitly mentions that Article 1 of the Indian Constitution applies to Kashmir through Article 370. Article 1 lists the states of the Union. This means that it is Article 370 that binds the state of J&K to the Indian Union. Removing Article 370, which can be done by a Presidential Order, would render the state independent of India, unless new overriding laws are made.

Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to those permanent residents.[1] It was added to the Constitution through a Presidential Order, i.e., The Constitution (Application to Jammu and Kashmir) Order, 1954 – issued by the President of India on 14 May 1954, under Article 370.[2] The state of Jammu and Kashmir defined these privileges to include the ability to purchase land and unmovable property, ability to vote and contest elections, seeking government employment and availing other state benefits such as higher education and health care. Non-permanent residents of the state, even if Indian citizens, were not entitled to these 'privileges'.

Answer 2

Article 370 and 35(A):

• Article 370 and 35(A), together, gave the state of Jammu and Kashmir special status. Article 370, gives the state the authority and autonomy to have a separate flag and Constitution.
• The Constitution of J&K was different than that of the nation and the provisions of the national Constitution did not apply to the state. The state was given autonomy over its internal affairs without a say from the center.
• The article, together with article 35(A) gave special provisions to the state. The article 35(A) gave the state authority to determine its citizens. These citizens had the privilege of buying property and voting rights, unlike the people who are not the citizens of J&K.
• This provision prohibited people of rest of India from buying things in J&K. Article 35(A) gave the citizens, dual citizenship. The articles were drafted for a temporary period but the drafting committee sidelined the necessity of mentioning it which made it permanent in the Constitution.

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