Understanding Article 370 And 35 A

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Understanding Article 370 And 35 A

Being a disputed territory Indian Government after its forcibly accession by its ruler to the union gave a special status to Jammu and Kashmir valley in its constitution. This special status and its features have been discussed in below paragraphs.

What is Article 370?

Article 370 of Indian Constitution gave special status to Jammu and Kashmir by conferring it with the power to have

  • A separate constitution
  • A state flag
  • Autonomy over the internal administration of the state

The article was inducted in the Indian Constitution in 1954 through a constitutional order.

Pakistan And The Future Of Kashmir Cause

What is Article 35 A?

Article 35 A was another article related to Kashmir valley and its special status. It was also inducted in Indian Constitution in 1954. Main features of this article were;

  • It defined permanent residents of the area.
  • It identified special benefits of the permanent residents, the biggest among them was the right of sale and purchase of land and property in the valley. 

Indian Motives Behind Revoking Article 370

Revocation of Article 370

Indian President Ram Nath Kovind on 5th August 2019 superseded the 1954 order through a constitutional order and made all constitutional provisions applicable to the Jammu and Kashmir valley. In Rajya Sabha, Upper House of the Indian Parliament, on 5th August 2019, 125 votes (67 per cent) were polled in favor of the revocation and 61 votes (33 per cent) against it.

In Lok Sabha, Lower House of Indian Parliament, the bill was debated on 6th August and 370 votes (86 per cent) votes were polled in favor of the revocation while 70 votes (14 per cent) against it.

Pakistan’s Stance

Immediately after India revoked Article 370 and all its sub articles, the foreign office of Pakistan issued a statement stating “As a party to this international dispute, Pakistan will exercise all possible options to counter the illegal steps”.

Implications Of Abrogation Of Article 370

Joint Parliamentary Sitting on 7th August passed a resolution to condemn India’s move and called it “illegal, unilateral, reckless and coercive attempt to alter the disputed status of Indian Occupied Kashmir (IOK) as enshrined in the United Nations Security Council (UNSC) resolutions.

On the same day (7th August), Pakistan suspended diplomatic relations with India and recalled her ambassador from India and expelled Indian ambassador from the country.

On 8th August, Railway Minister Sheikh Rasheed Ahmed suspended the service of Samjuta Express and Thar Express.  Similarly the Ministry of Information and Broadcasting banned all cultural exchanges including films and dramas.

On 9th August, Pakistan formally suspended its trade relations with India.

On 20th August, Pakistan announced that it will take the dispute to the International Court of Justice on alleged human rights violations.

Indus Water Treaty And Its Main Points

Is Revocation of Article 370 Legal?

As per Indian Constitution, Article 370 of the constitution can only be modified with the agreement of the state government. Though there hasn’t been much of a state government in Jammu and Kashmir for over a year now but this doesn’t mean that Bharat Janta Party (BJP) government should take decisions on its own. Indian Government should first successfully install a fully functional government in the valley and then should make such a move.

Views of Famous Indians on Revocation Of Article 370

Views of some of the famous Indian scholars, writers and human rights activists are given below.

Revocation is an “arbitrary misuse of state power.”    Ramchandra Guha – Historian

This revocation is “utterly and palpably unconstitutional.”  A. G. Norani – Constitutional scholar

Pointing to the unconstitutional revocation and detention of Kashmiris, Nobel laurate Amartya Sen has said he was “not proud as Indian”.


Revocation of Article 370 and all its subsidiary articles has not only showed the reality of Indian democracy and real face of BJP motives but it also has redrawn international attention towards Kashmir Issue.

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