Article 370: What Next for Jammu and Kashmir? 

Avneet Kaur AND Sumit Singh
Delhi Metropolitan Education affiliated to GGSIPU, India

Volume III, Issue III, 2020

Jammu and Kashmir was a constituent State of the Indian Union, its constitutional position, and its relation with the Central Government different from that of the other states.

Article 35A was incorporated into the Indian constitution in 1954 by the President Rajendra Prasad on the recommendation of the Jawaharlal Nehru Cabinet.  Provision of Article 35A provides Jammu and Kashmir Legislature a complete freedom to decide the permanent residents of the State. It also provides certain special rights and privileges to the permanent residence regarding the acquisition of property in the state, in public sector jobs, scholarships and other public aid and welfare.

According to the provisions of Article 370 except for the external affairs, defence and communications the Parliament needs the State government’s concurrence for applying other laws. Thus the state’s native resides under a separate set of laws.

The two characteristic features of the special relations are:

  1. The State has a much greater measures of autonomy and power than enjoyed by the other states; and
  2. The Centre’s jurisdiction within the State is more limited than what it has with respect to the other states.

Accordingly, Jammu and Kashmir could have their separate Constitution and Flag.

Because of these Special features all the provisions of the Indian Constitution does not apply to Jammu and Kashmir in fact they are applied in a modified form. Article 370 created the unequal provisions for the citizens of the same country residing in the different territories.


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