Indian Constitution Article 370 and Article 35 A | Jammu and Kashmir
Hey Everybody, My name is Priya and you are watching Finology Legal if you have no idea about carrot and stick approach, then pause this video and watch Part 1 of the Video because of this video you will understand that how Jammu & Kashmir became the integral part of India. and if you have already watched the video, let’s continue with today’s discussion. let’s take a quick recap when Pakistan attacked Jammu & Kashmir in 1947, Maharaja Hari Singh asked India for assistance to which India said in what position we should help as Jammu & Kashmir is not a part of India because of this on 26th October 1947 Maharaja Hari Singh and Indian Government signed Instrument of Accessation This practice was used for other Princely States with them too we signed Instrument of Accessation and integrated pricely States into India. when we signed Instrument of Accessation with Maharaja Hari Singh since that day Jammu & Kashmir became integral part of India after this, Indian Government sent their army in Jammu & Kashmir and removed the Pakistan Army from the territory at this point, Sardar Vallabhai Patel believed we should get into state of war with Pakistan we should send full Indian Army and remove the left Pakistan Army from there par Jawaharlal Nehru were not in mood of more violence he said to Mohd. Ali Jinnah we have signed the Instrument of Accessation with Hari Singh which means that now Jammu & Kashmir has become the integral part of India. to which Mohd. Ali Jinnah said we don’t accept Instrument of Accessation signed by Hari Singh that was signed forcefully which has no value for us these allegations were not beared by Jawaharlal Nehru and he went to UN let’s see what UN did UN gave very less value to Instrument of Accessation tagged Kashmir a disputed area and said that there is a way to solve this dispute or disputed area and that way is Plebiscite now what is plebiscite this is voting where people of Jammu & Kashmir will decide by voting that whether they want to be the part of Pakistan or India whatever will be decided in that voting Jammu & Kashmir will be part of that country BUT there were two pre-conditions before conducting this plebiscite and they were, first – area occupied by the Pakistan will remove the Pakistani army from that area areas under Indian Army will lessen the volume of that army when these two conditions will be fulfilled plebiscite will be conducted and this dispute will be solved. but as you and I we both know both the countries were not ready to remove the armies from Jammu & Kashmir because of this plebiscite was never conducted in Jammu & Kashmir when all of these were happening then new leaders were emerging in Jammu & Kashmir Sheikh Abdullah Sheikh Abdullah was already representing many political issues of Jammu & Kashmir population because of which he was continuosly commuting to jail previously his party name was All India Jammu & Kashmir Muslim Conference in which he represents the majority population of Jammu & Kashmir after this his party name was National Conference in which he used to represent the suppressed classes of Jammu & Kashmir now see on one hand UN suggested plebiscite means people of Jammu & Kashmir will decide they want to go to Pakistan or India on the other hand Sheikh Abdullah was emerging as a popular hero who was representing all the issues of the Jammu & Kashmir population between these, Jawaharlal Nehru thought why not to bring any such thing that even if plebiscite is conducted, then too people of Jammu & Kashmir will feel India as their home they feel safe and secure this thought of Jawaharlal Nehru made Article 370 a meeting was conducted between Sheikh Abdullah and Indian Government which is called as Delhi Agreement in this meeting, conditions of Instrument of Accessation were discussed and to incorporate Instrument of Accessation in the Constitution Article 370 was bought Article 370 is part of Part XXI of the Constitution this part provides temporary, transitional and special provisions to 12 States out of these 12 states, on his Jammu & Kashmir which is covered in Article 370 if you’ll study the bare provisions of Constitution Article 370 will be confusing that’s why for more clarity and understanding I will divide Article 370 into three parts first part talks about Powers of Parliament generally, parliament has powers to make laws regarding topics listed on Central List and Concurrent List for every state but Article 370 says that power of Parliament regarding State of Jammu & Kashmir is restricted and Parliament can make laws on only those matters of Concurrent and Central Lists which were decided while signing Instrument of Accessation now, what were the matters decided while signing Instrument of Accessation three areas Defence, Communication and External Affairs these three areas cover total of 31 areas of Central and Concurrent lists and Parliament can make laws on these 31 matters for Jammu & Kashmir rest of the matters if Parliament wants to make law for Jammu & Kashmir they have to take permission from State Government of Jammu & Kashmir one more thing generally, whenever Parliament makes any law like laws regarding Right to Information or GST they automatically applies to other States but this is not the case with Jammu & Kashmir procedure of Jammu & Kashmir is firstly Parliament will pass laws that laws will go to State Assembly which will ratify the laws made Parliament if State Assembly ratifies then such laws will be applicable to Jammu & Kashmir this extra process of ratification or the restrictions to the power of Parliament applies through Article 370 second part of Article 370 says which laws will be applicable to Jammu & Kashmir Article 1 and Article 370 of the Constitution will be applicable in Jammu & Kashmir instead of this, all those provisions the Constitution will be applicable which President specified in its Presidential Order of 1954 this order is modified from time to time. all the laws specified in that order will be applicable to Jammu & Kashmir except this, other Constitutional Provisions will not be applicable. third and the most important question that can Article 370 cease to exist means when will be Article 370 not applicable generally, in debates and discussions this question arises whether Article 370 can be removed? or pause the applicability of Article 370 answers to these question are given in Article 370 yes, Article 370 clause 3 says that if Constituent Assembly of Jammu & Kashmir says Article 370 shall be removed or abrogated after this if President too through a Public Notification says that yes Article 370 shall be removed then Article 370 will cease to exist. but if this has been this easy, Article 370 shall have been removed. but the problem is that the Constituent Assembly of Jammu &Kashmir was dissolved in 1957. after dissolution of Constituent Assembly, is there any meaning left to the clause 3 of Article 370? is there any value left of the procedure? do let me know in the comment box article 370 broadly cover three Areas, First – in which areas parliament can make laws Second- which provisions of Constitution will be applicable to Jammu & Kashmir and Third – How Article 370 can be removed? now this was all about how Article 370 was instituted in the Constitution and what are its provisions now lets know the second important provision related to Jammu & Kashmir Article 35A of the Constitution to understand Article 35A we will discuss history again Treaty of Amritsar happened in 1846 in which British Government gave Kashmir to Maharaja Gulab Singh Kashmir because of which Jammu & Kashmir existed as Princely States what is the difference being an Princely States people live in Princely States are known as State Subjects and people lives in other parts of British India are known as British Colonial Subjects Now, to recognise the State Subjects of Jammu & Kashmir legal Provisions were made These provisions were made between 1912-1932. such as the Hereditary State Subject order of 1927 which says that all the State Subjects are entitled to Right to Government Office and Right to use Land, Right to ownership of land etc. which are not available to non- State Subjects Do you know, Jammu & Kashmir has its own flag and Constitution which was adopted in 17th November 1956. after adopting Article 370 in the Constitution, Indian Citizenship extended to the State Subjects of Jammu & Kashmir But the leaders and the Constituent Assembly of Jammu &. Kashmir wanted that the laws and State Subjects of Jammu & Kashmir shall be treated differently that’s why the Delhi Agreement held between Indian Government and Sheikh Abdullah from which Article 370 came from that agreement only Dr. Rajendra Prasad passed an Presidential order on 14th May 1954 because of this order Article 35A was introduced in the Constitution. let’s quickly have a look what exactly Article 35A says Article 35A defines the rights of the State Subjects (permanent residents) of Jammu & Kashmir This says that all existing laws of Jammu & Kashmir which states that who will be the permanent resident and what special rights and privileges provided to the permanent residents and what will be the restrictions on the non-permanent residents like provisions to permanent residents are provided such as employment under State Government , acquisition of immovable property in the State, settlement in State and scholarships and aid from the State Government Article 35A defines the rights of permanent residents of Jammu &. Kashmir and it states that existing laws of Jammu & Kashmir and any law State Legislature will make in future shall not be declared void on the grounds that it is inconsistent with the Constitution. or they are against the rights of other citizens of India Directly, Article 35A states that these provisions will not be affected by the Constitution. However, these provisions can be against the provisions of Constitution. I hope now you can understand that why Article 35A is widely discussed and because Article 35A came from Article 370 that’s why Maximum people want that provisions like Article 370 and Article 35A shall be removed because they believe that these two Article are discriminatory now let’s see what are the provisions of Permanent residents in the Jammu & Kashmir Constitution Jammu & Kashmir Constitution which was adopted on 17th November 1956 define permanent residents as People who were State Subjects on 14th May 1954 or Residents of the State since 10 years and lawfully acquired the immovable property they will be the permanent residents of Jammu &. Kashmir definition of Permanent Residents can be changed by attaining the 2/3rd majority of State Legislature. come let’s know what are the differences between OTHER states and Jammu & Kashmir through Article 370 and Article 35A First difference is Dual Citizenship. single citizenship is applicable in other states of India you can be Indian Citizen at a time but Jammu & Kashmir is the only state where dual citizenship is applicable one Is Indian Citizenship and other is Jammu & Kashmir Citizenship. second is whole India has one flag and Constitution but Jammu & Kashmir has its own flag and Constitution third difference is in respect of emergency provisions if Parliament want it can proclaim financial emergency in the states of India but this is not the case with Jammu & Kashmir financial emergency cannot be proclaimed in Jammu & Kashmir fourth difference is tenure of State Legislature. in other states tenure of state legislature is 5 years but in Jammu &. Kashmir it is 6 years fifth difference is right to vote. Universal Adult Franchise is applicable in whole India and the person resident of that state is eligible to vote for the state assembly elections of that state but Right to Vote is not fully applicable in Jammu & Kashmir only permanent residents of Jammu & Kashmir can vote for the state assembly election in Jammu & Kashmir there are many other differences exist due to Article 370 and article 35A at this point, I want to say that topics covered in today’s video are covered from the knowledge gained by books and lectures real scenario of Jammu &Kashmir that because of Article 30 and Article 35A they are getting the peace and safety are they getting any real rights and protection because of Articles? I am not the person to comment on such questions motive of today’s video is that I can explain the provisions of Article 370 & Article 35A and if one second, yes now say Priya, but where is Article 35A? Article 35A is not a part of 448 Articles in the Constitution Article 35A is added in the Constitution through Appendix I will put a link in the description box where you can see the Article 35 A but for all such important information or if you want to know important recent cases of Article 35A and Article 370 or if you have this question that Article 370 is of temporary nature or acquired permanent status to know this you can subscribe my course of Constitution in which every week I cover 1 chapter of the Constitution in very interesting way billing of this course is available in the description box I hope you liked today’s video and if yes then please subscribe to my channel. That’s it for now see you in the next class. Bye Bye.