UNDERSTANDING THE ARTICLE 370 & 35 A

UNDERSTANDING THE ARTICLE 370 & 35 A

This is about a constitutional provision with respect to the State of Jammu and Kashmir. At time of 1947 when Pakistan attack on Jammu & Kashmir. The present Maharaja of Jammu & Kashmir was Maharaja Hari Singh demand for help to Indian Government. The Indian government says to Maharaja Hari Singh on which right we help you? Then Maharaja Hari Singh and Indian Government mutually contract and amalgamation on 26th October 1947, which is known as Princy State of India.

DEMOGRAPHY OF JAMMU & KASHMIR

The total area of Jammu and Kashmir is 222.236 sq.km and the population is 12.54 million (73 percent rural population and 27 percent urban population). Total 22 districts and the sex ratio are 889 Vs India’s 943.

INTRODUCTION ON ARTICLE 370 AND 35 A

• According to the constitution of India, the Article 370 provides a special provision to the state of Jammu & Kashmir, with special independence.
• The Article 370 explains that the provision of article 238, which was omitted from the constitution in 1956, when Indian States were re-organized, shall not apply to the state of  J & K.
• In the starting phase of this Article 370 was rejected by DR. B. R. Ambedkar.
• In 1949, current Prime Minister PT. Jawahar Lal Nehru had directed Kashmir leader Sheikh Abdullah to consult Dr. Ambedkar to prepare the draft of a suitable article to be included in the constitution.

BENEFIT OF ABROGATION OF ARTICLE 370 & 35 A IN JAMMU AND KASHMIR

1. The top most important benefit is feeling of One Nation, One Flag through Single Citizenship, before abrogation they have dual citizenship, state as well as Central.
2. The Article 370 was based on discriminatory on Gender, Cast, Class and Place of origin. For example: a Kashmiri girl becomes marriage any other Indian or outside of J &K that girl lose of their citizenship and when she become marriage of any Pakistani male, that male also got citizenship of J & K. This is very big discrimination in India.
3. At the time of Independence most of the people migrated from Pakistan in Jammu and Kashmir after partition. That migrated people were not getting PRS (Permanent Resident Status) or they have not Voting Rights in J & K. After abrogation of Article 370 they have right to vote in J & K elections, because voting is a fundamental right in Indian Constitution.
4. One of the fundamental rights under part 3 of our constitution will be applicable after abrogation of Article 370 from J & K.
5. After the abrogation of Article 370 Right To Education, a fundamental right was applicable in J & K.
6. The major cause of poverty is unemployment in Jammu and Kashmir, because Article 370 does not allow migrate any other state for the employment.
7. Another cause is not a big industrialist can move in J & K for business, only few families set their business in J & K, and they govern like monopoly in destroying perfect competition in J & K.
8. Anti Corruption Agencies (CAG, CBI) were not allowed due to Article 370, but after abrogation Anti Corruption Agencies were working on corruption in J & K.
9. After the abrogation of Article 370 RTI (Right To Information) is implemented in the state of J & K.
10. Reduce the threat of Militancy in J & K.
11. People of Jammu and Kashmir were free for migrating from J & K to another state of India, they have not loss their rights.
12. The inter – State marriage starts with J & K for good social amalgamation.
13. The central government provides 16 % reservation for minorities like; Hindu & Sikh.