Advantages and Disadvantages of Removing Article 35A -370: In a historic move, the Modi government decided to abolish Article 35A, a significant development tied to the revocation of Article 370 in Jammu and Kashmir. This decision holds both advantages and disadvantages for the region. Let’s delve into the basics of Articles 35A and 370, and then explore the pros and cons of their removal.
Understanding Article 370: What Sets Jammu and Kashmir Apart?
Article 370 grants special status to Jammu and Kashmir, necessitating the Center to seek permission from the state to make laws, except in defence, foreign affairs, and communication. This distinct status results in separate citizenship, property ownership, and fundamental rights for the residents, preventing non-Kashmiri Indians from buying land in the region.
Moreover, Article 370 restricts the power of the Center to declare a financial emergency in Jammu and Kashmir, and it requires the state’s consent for declaring an emergency during internal disturbances. The state also enjoys a separate national flag, and orders from the Supreme Court of India may not be binding.
Advantages of Article 370: Bridging the Gap
Article 370 acts as a bridge between the state and the Center, fostering trust during periods of strained relations. It assures the people of Jammu and Kashmir that their dignity will be safeguarded, and the region benefits from reduced competition, offering more opportunities for its citizens.
Disadvantages of Article 370: Impediments to Development
However, the disadvantages are apparent. Non-Kashmiris face restrictions on property ownership and business establishment, hindering development in the region. Health facilities and educational institutions suffer, resulting in limited opportunities for the citizens. Moreover, the dual citizenship scenario contributes to widespread terrorism.
Decoding Article 35A: Special Status for Jammu and Kashmir
Article 35A provides special rights to Jammu and Kashmir, empowering the state government to decide on residence rights based on the time of arrival. The article, added in 1954, restricts land ownership by non-citizens and introduces dual citizenship for its residents.
The Need for Removal: Controversy Surrounding Article 35A
Controversies regarding Article 35A’s constitutional validity arose, with calls for its removal due to perceived discrimination and increased atrocities. Critics argued that the article was not added through the proper constitutional procedure, leading to questions about its legitimacy.
The Big Decision: Article 35A and 370 Revoked
On August 5, the Modi government made a groundbreaking decision to abolish Article 35A, along with Article 370, effectively ending the special status of Jammu and Kashmir. The move aims to promote development, allowing more investments, industry opportunities, and private educational institutions in the region.
Impact on Citizenship and Governance
The revocation allows Indians to buy land and marry individuals from Jammu and Kashmir. The tricolour flag can now be hoisted, and national symbols are protected under the law. The Prime Minister’s rule will replace the President’s rule, offering a new governance structure.
Mixed Reactions and Future Prospects
The decision has sparked joy among Indian citizens, providing relief for the people of Jammu and Kashmir. However, the move is not without its controversies and challenges. The region is now divided into two Union Territories – Jammu and Kashmir, and Ladakh, each with its legislature status.
Conclusion: A Pivotal Moment in History
The removal of Articles 35A and 370 marks a pivotal moment in Indian history, reshaping the constitutional landscape and aiming for a more unified and developed Jammu and Kashmir. As the nation witnesses this transformative step, only time will reveal the full extent of its impact on the region and its people.