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ABOLISH ARTICLE 370 AND 35A GOOD OR NOT?

Updated: Aug 5, 2022


Article 370:-

Article 370 of the Indian constitution an article that gives autonomous status to the state of Jammu and Kashmir. The article is draft in part XXI of the constitution: temporary, transition and special provision.

Under Article 370:-

  • under article 370, a citizen from another state cannot buy property in J&K.

  • Parliament need the J&K Govt’s approval for applying laws in the state except in the case of defense, foreign affair finance, and communication.

  • Central Govt. has no power to declare a financial emergency in the state.

  • J&K have separated constitution, state flag.

  • People of J&K enjoy dual citizenship.

  • In J&K Supreme Court order was not followed, no Panchayati raj available, no RTI and CAG work. The work of assembly was 6 year while in another state it is only 5 year.

  • Under 370 Pakistani gets Indian citizenship.

About 35A:-

ARTICLE 35A of the India constitution is an article that allows the J&K state legislature to define “permanent resident “of the state and provide special rights and privileges to those permanent residents.

Under 35A:-

  • The people of J&K get permanent residents only.

  • Only J&K people take state scheme benefits such as higher education, health care facilities.

  • None permanent resident of the state, even if Indian citizenship were not entitled to these privileges.

J&K Reorganization Bill 2019:-

  • According to J&K reorganization bill passed on 5 august, 2019 president Ram Nath Kovind issued a constitutional order revoking the 1954 order and making all the provisions of the Indian constitution applicable to J&K.

  • The bill passed in both houses of parliament, which proposes to divide the state of J & K into two union territories J&K and Ladhak.

Positive aspects of revoking article 370 and 35A:-

  • The decision is very good to bind the J & K state with India. Earlier J&K look deferent from another state because of their special right and deferent constitution.

  • But now, J&K will continue to have a common high court and same flag because of the feeling of nationalism would be increase.

  • Women, Dalits, tribal and minorities of J&K are now a citizen of India.

  • Citizen of other state are able to buy land in J&K.

  • MNC’s and other privet sector setup because of industrialization take place and people of J&K get jobs.

  • Automatically as terrorism decrease when people get a job.

  • Tourism also, increase and outside the state, persons can have their home in this heaven.

  • Citizen of another state will get an education in J&K schools and universities this will increase the crowd of new scholars and talent.

  • Women’s after marriage do not lose them citizenship.

  • RTI & CGI will perform their task.

  • New Assembly will have 5 years of duration in place of 6 years before.

  • We can say that terrorist attacks also decrease after revoking article 370 and 35A.

Negative Impacts:-

  • In the coming years J&K lost their beauty because of industrialization and MNC’s , institutes and hotels were setups when the population increase which disturbs the environment and increases pollution, as the other states of India, are already struggling to reduce the pollution.

  • The same example we clearly saw in Dehradun called “Queen of the Hills” the study says that Dehradun is among the top five Polluted cities in India.

  • Govt. need to take some strict action to save the beauty, tradition, and Culture of J&K.


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