Uploaded on Oct 1, 2019
Presentation on "What is article 370 and 35a is all about?"
What is article 370 and 35a is all about?
WHAT IS ARTICLE 370
AND 35A IS ALL ABOUT
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Introduction
•Recently NDA government dismissed article 370 and
article 35a.
•These articles were related to the special state status
of Jammu and Kashmir.
•Dismissal of these articles made the status of J & K
the same as that of other states in INDIA.
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History of Article 370
•After the partition of India-Pak, Jammu and Kashmir's
raja Harising wanted the state as a special country.
•But, after some incidences, he convinced him to become
a part of India on three conditions.
•India can only handle-
•1. Defense
•2. Foreign affairs
•3. Communication
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•Maharaja Hari Singh also declared that the state will
make it's own Constitution as per the clause of
Instrument of Accession.
•Article 370 is the result of those decisions to protect J
& K's rights.
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Article 370
•Article 370- "Temporary, Transitional and Special
provisions"
•Drafted in- XXI(21th) part
•The provision of article 370 was drafted by sheik
Abdulla.
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Provisions
1. Special laws for state including-
Citizenship/property rights/fundamental rights.
(Other Indian states residents were treated as different
according to these provisions.)
2. A financial emergency cannot emerge in the state.
Several such provisions drafted allows special status
to J & K.
Article 35A
Article 35A- "Saving of laws concerning permanent
residents and their rights.“
1. This article defines the conditions that specify
permanent residents of J & K.
2. Rules for employment under
the state
3. Property acquisition
4. Settlement in the state
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Facts
•These articles came into effect after the President's
order in 1954.
•President- Dr. Rajendraprasad
•Prime minister- Jawaharlal Nehru.
•J & K Maharaja- Hari Singh
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•The maker of the Indian Constitution Dr. Babasaheb
Ambedkar was against this article.
The reason behind the dismissal of
articles
•The declaration of dismissal is announced by home
minister Amit shah on 5 Aug 2019.
•As per government said-
1. This article was discriminating J and K and other states.
2. Women's right to equality was abandoned
3. As the central government was unable to make policies
of state causing an obstacle in the development of the
state.
4. The article mentions that it is a temporary provision and
the govt. can change/dismiss those provisions.
Effects of dismissal of articles
1. The flag of J & K and India will be the same now.
2. Residents from other states can purchase land or
property.
3. J & K residents are only Indian citizens(Previously
they were holding two citizenships).
4. Right to Information will be applicable in J & K.
5. J & k and Ladakh are two new Union territories.
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