detail history of 370 and 35a in kashmir in upsc pdf

Detail History Of 370 And 35a In Kashmir In Upsc Pdf

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Published: 10.12.2020

India has scrapped a law that grants special status to Indian-administered Kashmir amid an indefinite lockdown and massive troop deployment in the disputed region. The Jammu and Kashmir union territory will include the Hindu-majority Jammu region and will have a legislative assembly. The Buddhist-majority Ladakh region, which has a considerable population of Shia Muslims, will also be a union territory, but it will not have an assembly.

Explained: What are Articles 370 and 35A? Why they are important for J&K

Why Article 35A needs to be scrapped? But it is the opposite for woman and they will lose the right of being a permanent resident on marrying an outsider. It discriminates against women who marry outside the state from applying for jobs or buying a property. Thus Article 35A is considered to be violating Article 14 of the constitution which provides for equality before the law and equal protection of the laws, thus affecting the basic structure of the constitution.

Therefore the petition challenges the constitutional validity of Article 35A. What are the Arguments against scrapping Article 35A? Article 35A is more relevant for the Dogra people of Jammu as it protects them from domination by elite and affluent outsiders mostly from neighboring Punjab.

Repealing the Article would likely impact the cultural identity and economic opportunities of those communities. Also, the repeal of the law would lead to loss of opportunities due to the increased competition for recruitment, scholarships and other financial assistance. It will also increase pressure on landholdings, farm activity, etc. This may result in loss of opportunities for the local skilled and unskilled labour, farmers, etc. Arguments for removing the law would only make it difficult for them to integrate with the nation as a whole.

Apart from these arguments, there are the legal obstacles as mentioned before, there are various other arguments opposing the scrapping of Article 35A as follows. Why can Article 35A not be scrapped? The law on the subject is well settled as previous benches of the Supreme Court have already approved the presidential order. This includes an exemption from constitutional provisions governing other states. Parliament could legislate on other areas only through a presidential order and that too with the prior concurrence of the State government.

However, Article of the constitution empowers the President to declare the provision inoperative. Therefore, as long as Article exists, we cannot justify the validity of Article 35A. Was Article temporary or permanent?

There are several interpretations to Article being temporary or permanent based on opinions of constitution experts, court judgements and PIL petitions as follows. Though the Presidential Order may face legal scrutiny, as matters currently stand, Jammu and Kashmir will witness historic political and geographic changes. It is to be divided into two union territories-Ladakh and Jammu and Kashmir. Article is the bedrock of the constitutional relationship between Jammu and Kashmir and the rest of India.

Remember me. Lost your password? Please enter your username or email address. You will receive a link to create a new password via email. Username or Email Address. Log In. Contents What is Article ? What is the recent presidential order? What happens now? What are the issues with the order? Never Miss Out Any Post! Want to learn how to remember everything you study?

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Article 370: What happened with Kashmir and why it matters

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Article 370 and 35(A) revoked: How it would change the face of Kashmir

Topics Covered:. Article Context: The Supreme Court has refused to entertain a fresh petition on Article , which gives special autonomous status to Jammu and Kashmir, and said that the issues raised in it were already part of the pending pleas. The petition sought a declaration that Article of the Constitution had lapsed with the dissolution of constituent assembly of Jammu and Kashmir on January 26, and it cannot be treated as mandatory for exercise of powers of the President.

India's BJP-led government is hailing its decision to strip the state of Jammu and Kashmir of autonomy after seven decades, characterising it as the correction of a "historical blunder". The area was once a princely state called Jammu and Kashmir, but it joined India in soon after the sub-continent was divided up at the end of British rule. India and Pakistan subsequently went to war over it and each came to control different parts of the territory with a ceasefire line agreed. There has been violence in the Indian-administered side - the state of Jammu and Kashmir - for 30 years due to a separatist insurgency against Indian rule. Tens of thousands of additional Indian troops were deployed, a major Hindu pilgrimage was cancelled, schools and colleges were shut, tourists were ordered to leave, telephone and internet services were suspended and regional political leaders were placed under house arrest.

Why Article 35A needs to be scrapped? But it is the opposite for woman and they will lose the right of being a permanent resident on marrying an outsider. It discriminates against women who marry outside the state from applying for jobs or buying a property.

4 comments

Walter D.

In this article, UPSC aspirants will get to know what is Article and Article 35A, important dates, controversies associated with Article and its revocation.

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