35 A-370
JAMMU &KASHMIR
After India got Independence ,we had a huge task of Integration princely states into the Dominion of India .3 states who were initially reluctant to join India were : Princely states of Junagarh, Hyderabad and Jammu and Kashmir.
Let us now Discuss the incorporation of Article 370 and Article 35A in the Indian Constitution .
This is a well known fact that state of J&K has given Special Status by our Constitution ,however many of us are still not aware out of all the states in India why only Jammu&Kashmir been entitled as one?
In Oct 1947,Pakistan broke the stand still agreement .Pakistan invaded Kashmir from the North with an army of soldiers are tribesman armed with modern weapons . Jammu &Kashmir was under serious threat. When it became impossible for Hari Singh to control the troops,J&K requested India for Military Aid . India agreed to help subject to a condition that J&k have to accede in India . J&K agreed to accede to India .
*Therefore, on 26 th October 1954 ,Agreement was signed between Jawaharlal Nehru and Hari Singh ,known as Instrument of Accession.
*Pakistan contested the IOA as forced and fraudulent.
*India went to United Nation ,complaining against Pakistan aggression on the soil of India and clearing it of Pakistan invaders.
*As a result of which ,security council adopted a resolution for formation of United Nation Commission for India and Pakistan (UNCIP) in January 1948.
* A report was submitted by UNICP ,on 7 July 1948,stating that Pakistan invaded Jammu &Kashmir and declared Pakistan an 'aggressor'.
. Later, United Nations instructed Pakistan clear off the area of nationals and asked India to keep minimum force in Jammu &Kashmir for the maintenance of law and order in the state.
. In July 1949, India and Pakistan signed the Karachi Agreement establishing the ceasefire line.
.Military front was established between India &Pakistan which gradually became a solid boundary which is know as Line of Control.
INSTRUMENT OF ACCESSION;
Jammu &Kashmir surrendered only three subjects to the union i.e. defence ,external affairs and communications.Also earned the assurance that the people of J&K through their own constituent assembly would draft their own constitution .Also it was said that provisions(allowing people of kashmir to draft their own constitution) is an interim arrangement provided by the constitution of India .
.As this pact stated that J&K will be provided with special status ,is because of these two added clauses as well i.e.-
Article 370 was Incorporated in part XXI i.e. Temporary,Transitional &Special Provision of the Constitution of India.
Article 370 provides Special Status to Jammu &Kashmir ,states -
1. It gives Special Status to Jammu &Kashmir
2.It restricts state legislature power over four heads:
*Defence
*Communication
*External Affairs
*Currency
3.If central has to take certain steps excepts that four departments, they will require assent of state legislature of J&K.
ARTICLE -35A-
The Presidential order was issued under Article 370(1)(d) of the Constitution which allows the president to make certain "expectations of modification"to the Constitution for the benefits of "state subjects"of the J&K.Article 35A was debated for more than five months in Constituent Assembly before it was made part of constitution.
TEXT OF ARTICLE 35A STATES -
a)Give the rights of defining the term 'Permanent Residence ' to the State Legislature .
*Any person who is state subject on May 14,1954; or
*Who has been resident of the state for 10 years and has lawfully acquired the immovable property.
b)Conferring of other special privileges to the resident to non- residents, such as:
.Employment
.Acquisition of immovable property
.Settlement in state
.Right to scholarship or any rights as conferred by State Government.
.J&K formulated its Constitution in November 1956.
On 5August 2019, the Home Minsiter Amit Shah introduced the J&K Reorganization Bill in the Raj Sabha to convert J&K status of a state to two separate Union Territories , namely Union Territory of Jammu and Kashmir and Union Territory of Ladhak. Next day the bill passed to Lok Sabha .The bill become an ACT after it was signed by President.
The two Union Territories came into existence on 31st October ,2019.which is celebrated as a National Unity Day.
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JAMMU &KASHMIR
After India got Independence ,we had a huge task of Integration princely states into the Dominion of India .3 states who were initially reluctant to join India were : Princely states of Junagarh, Hyderabad and Jammu and Kashmir.
Let us now Discuss the incorporation of Article 370 and Article 35A in the Indian Constitution .
This is a well known fact that state of J&K has given Special Status by our Constitution ,however many of us are still not aware out of all the states in India why only Jammu&Kashmir been entitled as one?
In Oct 1947,Pakistan broke the stand still agreement .Pakistan invaded Kashmir from the North with an army of soldiers are tribesman armed with modern weapons . Jammu &Kashmir was under serious threat. When it became impossible for Hari Singh to control the troops,J&K requested India for Military Aid . India agreed to help subject to a condition that J&k have to accede in India . J&K agreed to accede to India .
*Therefore, on 26 th October 1954 ,Agreement was signed between Jawaharlal Nehru and Hari Singh ,known as Instrument of Accession.
*Pakistan contested the IOA as forced and fraudulent.
*India went to United Nation ,complaining against Pakistan aggression on the soil of India and clearing it of Pakistan invaders.
*As a result of which ,security council adopted a resolution for formation of United Nation Commission for India and Pakistan (UNCIP) in January 1948.
* A report was submitted by UNICP ,on 7 July 1948,stating that Pakistan invaded Jammu &Kashmir and declared Pakistan an 'aggressor'.
. Later, United Nations instructed Pakistan clear off the area of nationals and asked India to keep minimum force in Jammu &Kashmir for the maintenance of law and order in the state.
. In July 1949, India and Pakistan signed the Karachi Agreement establishing the ceasefire line.
.Military front was established between India &Pakistan which gradually became a solid boundary which is know as Line of Control.
INSTRUMENT OF ACCESSION;
Jammu &Kashmir surrendered only three subjects to the union i.e. defence ,external affairs and communications.Also earned the assurance that the people of J&K through their own constituent assembly would draft their own constitution .Also it was said that provisions(allowing people of kashmir to draft their own constitution) is an interim arrangement provided by the constitution of India .
.As this pact stated that J&K will be provided with special status ,is because of these two added clauses as well i.e.-
Article 370 was Incorporated in part XXI i.e. Temporary,Transitional &Special Provision of the Constitution of India.
Article 370 provides Special Status to Jammu &Kashmir ,states -
1. It gives Special Status to Jammu &Kashmir
2.It restricts state legislature power over four heads:
*Defence
*Communication
*External Affairs
*Currency
3.If central has to take certain steps excepts that four departments, they will require assent of state legislature of J&K.
ARTICLE -35A-
The Presidential order was issued under Article 370(1)(d) of the Constitution which allows the president to make certain "expectations of modification"to the Constitution for the benefits of "state subjects"of the J&K.Article 35A was debated for more than five months in Constituent Assembly before it was made part of constitution.
TEXT OF ARTICLE 35A STATES -
a)Give the rights of defining the term 'Permanent Residence ' to the State Legislature .
*Any person who is state subject on May 14,1954; or
*Who has been resident of the state for 10 years and has lawfully acquired the immovable property.
b)Conferring of other special privileges to the resident to non- residents, such as:
.Employment
.Acquisition of immovable property
.Settlement in state
.Right to scholarship or any rights as conferred by State Government.
.J&K formulated its Constitution in November 1956.
On 5August 2019, the Home Minsiter Amit Shah introduced the J&K Reorganization Bill in the Raj Sabha to convert J&K status of a state to two separate Union Territories , namely Union Territory of Jammu and Kashmir and Union Territory of Ladhak. Next day the bill passed to Lok Sabha .The bill become an ACT after it was signed by President.
The two Union Territories came into existence on 31st October ,2019.which is celebrated as a National Unity Day.
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Probably it's the useful information everyone should know
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