Are article 35a and 370 same.what are they. (don't copy paste plz tell in simpler words with detailed explanation)
Dear Student,
Please refer the following points :
Kashmir has always been a major chapter in India's internal political dynamics. Being a disputed region, the Jammu and Kashmir was accorded special status under article 370 of the constitution. Article 370 was worked out in late 1947 between Sheikh Abdullah, who had then been appointed as the Prime Minister of J&K by the Maharaja Hari Singh and Nehru.
Article 370 :
a. Jammu and Kashmir, was accorded a special status under Article 370 of the constitution .
b Being a disputed region, There were many provisions of the Indian constitution which could only be applied in the state provided they were ratified by Jammu and Kashmir's assembly.
c. The state as per the Article 370, had its own constitution, its own laws on citizenship.
d. There were many provisions of the central government which were not applicable in the state, like J&K citizens had two citizenships. Anti Defection Law was not applicable to J&K. No outsider could buy property in J&K state, all these matters were decided by the state government.
e. However only matters related to foreign affairs, defence , communication were under the control of the centre as they were of strategic importance.
f. Further as per Article 370, the duration of the J & K assembly was 6 years and the state had a separate flag.
g. Article 370 could only be amended or abrogated with the recommendation of J & K's assembly.
Article 35 A , was one of the orders passed by the President in the year 1954 in concurrence with the powers conferred by clause (1) of Article 370 of the Constitution,and with the agreement of the Government of the State of Jammu and Kashmir .
This order empowered the state of Jammu and Kashmir to define privileges of permanent residents of the state with regard to their property rights, employment etc. Accordingly it was added in the constitution of India which thus allowed the Jammu and Kashmir state's legislature to define "permanent residents" of the state and to provide them with special rights and privileges .
It is to be noted both are separate articles, but Article 35 A was later incorporated and was made as per the clause and rules of Article 370.
However, it is to be noted that presently Article 370 and Article 35 A have been revoked.
Regards
Please refer the following points :
Kashmir has always been a major chapter in India's internal political dynamics. Being a disputed region, the Jammu and Kashmir was accorded special status under article 370 of the constitution. Article 370 was worked out in late 1947 between Sheikh Abdullah, who had then been appointed as the Prime Minister of J&K by the Maharaja Hari Singh and Nehru.
Article 370 :
a. Jammu and Kashmir, was accorded a special status under Article 370 of the constitution .
b Being a disputed region, There were many provisions of the Indian constitution which could only be applied in the state provided they were ratified by Jammu and Kashmir's assembly.
c. The state as per the Article 370, had its own constitution, its own laws on citizenship.
d. There were many provisions of the central government which were not applicable in the state, like J&K citizens had two citizenships. Anti Defection Law was not applicable to J&K. No outsider could buy property in J&K state, all these matters were decided by the state government.
e. However only matters related to foreign affairs, defence , communication were under the control of the centre as they were of strategic importance.
f. Further as per Article 370, the duration of the J & K assembly was 6 years and the state had a separate flag.
g. Article 370 could only be amended or abrogated with the recommendation of J & K's assembly.
Article 35 A , was one of the orders passed by the President in the year 1954 in concurrence with the powers conferred by clause (1) of Article 370 of the Constitution,and with the agreement of the Government of the State of Jammu and Kashmir .
This order empowered the state of Jammu and Kashmir to define privileges of permanent residents of the state with regard to their property rights, employment etc. Accordingly it was added in the constitution of India which thus allowed the Jammu and Kashmir state's legislature to define "permanent residents" of the state and to provide them with special rights and privileges .
It is to be noted both are separate articles, but Article 35 A was later incorporated and was made as per the clause and rules of Article 370.
However, it is to be noted that presently Article 370 and Article 35 A have been revoked.
Regards