AR­TI­CLES 370 AND 35A MYTHS AND FACTS

India Today - - THE BIG STORY / J&K -

Q. Have Ar­ti­cles 370 and 35A been re­pealed?

A. Ar­ti­cle 370 hasn’t been re­pealed; a pres­i­den­tial or­der has ‘di­luted’ its scope, mak­ing the In­dian Con­sti­tu­tion and laws passed by Par­lia­ment ap­pli­ca­ble in J&K. How­ever, Ar­ti­cle 35A is now void—its pro­vi­sions rested on the frame­work of Ar­ti­cle 370.

Q. What is the cur­rent sta­tus of Ar­ti­cle 370?

A. It re­mains, but is tooth­less. One if its own pro­vi­sions—Clause 3—was used to nul­lify it. Clause 3 al­lows the Pres­i­dent of In­dia to mod­ify pro­vi­sions of Ar­ti­cle 370, pro­vided he has the con­sent of the Con­stituent As­sem­bly that drafted the con­sti­tu­tion of J&K. A pres­i­den­tial or­der on Au­gust 5 con­strued the ref­er­ence to the Con­stituent As­sem­bly as the Leg­isla­tive As­sem­bly of J&K; and as the leg­isla­tive as­sem­bly is in sus­pen­sion and J&K is un­der cen­tral rule, Par­lia­ment is deemed to have as­sumed the role of the leg­isla­tive as­sem­bly. A statu­tory res­o­lu­tion by Par­lia­ment rec­om­mended that the Pres­i­dent de­clare all clauses of Ar­ti­cle 370 in­op­er­a­tive in the state.

Q. Can J&K re­tain its con­sti­tu­tion and flag?

A. No. The state will now be sub­ject to the In­dian Con­sti­tu­tion and fly the In­dian flag.

Q. Will J&K have a chief min­is­ter?

A. J&K is now a Union ter­ri­tory like Delhi or Puducherry. It will have a leg­isla­tive as­sem­bly and the leader of the sin­gle largest party or coali­tion will be chief min­is­ter. How­ever, polic­ing will re­main with the Union gov­ern­ment, and the In­dian Pe­nal Code will re­place the for­mer state’s Ran­bir Pe­nal Code.

Q. Can out­siders now buy prop­erty in J&K?

A. As it stands now, yes. Ar­ti­cle 35(A) en­sured only “per­ma­nent res­i­dents” are en­ti­tled to prop­erty rights, em­ploy­ment in state gov­ern­ment, schol­ar­ships and other so­cial ben­e­fits. With the dele­tion of this ar­ti­cle, any In­dian cit­i­zen from any part of the coun­try will be able to buy prop­erty in J&K, take a state gov­ern­ment job and en­joy state ben­e­fits such as schol­ar­ships. Chil­dren of a woman mar­ry­ing out­side Jammu and Kash­mir will not lose prop­erty rights. The Cen­tre, how­ever, is be­lieved to be con­tem­plat­ing laws along the lines of those in hill states like Hi­machal Pradesh lim­it­ing the types of land out­siders can pur­chase.

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