National Conference (NC) president Farooq Abdullah recently said that Prime Minister Narendra Modi cannot remove Article 35-A and Article 370 from Jammu and Kashmir (J&K), adding, "Let him be as powerful as he likes, he cannot remove Article 370 and article 35-A...” Taking a similar stance, his son, former J&K chief minister Omar Abdullah had earlier said his party, National Conference (NC), was fighting the Lok Sabha elections for the protection of the state's special status and not on developmental issues.
"People of the state would lose their land and employment if the special status is abrogated”, he had added. The issue has turned into a major controversy, with J&K BJP president Ravinder Raina saying that his party is for “early abrogation of Articles 370 and 35A of the Constitution”, and would do it once the BJP wins the polls in the state and form the next government.
Suggesting that the special status is not exceptional to J&K, but is also applicable to other parts of India, policy analyst Mohan Guruswamy points towards what India would lose in case it seeks to abrogate Article 270:
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Omar Abdullah is right. Abrogate Article 370 and you abrogate J&K's special relationship with India. What we need to understand are as follows:
Article 1 of the Constitution of Jammu and Kashmir states that the state of J&K is and shall be an integral part of the Union of India. Article 5 states that the executive and legislative power of the State does not extend to matters except those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India. These provisions cannot be amended. The Constitution was adopted and enacted on November 17, 1956.
Applicability of the Constitution of India to J&K is contingent on its acceptance by the J&K Assembly. The explanation provided is: In exercise of the powers conferred by clause (1) of Article 370 of the Constitution, the President, with the concurrence of the Government of the State of Jammu and Kashmir made the Constitution (Application to Jammu and Kashmir) Order, 1950 which came into force on January 26, 1950 and was later superseded by the Constitution (Application to Jammu and Kashmir) Order, 1954 which came into force on 14 May 1954.
Article 370 specifies that except for Defence, Foreign Affairs, Communications and ancillary matters (matters specified in the instrument of accession) the Indian Parliament needs the State Government's concurrence for applying all other laws. Thus the state's residents have lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.
Similar protections for unique status exist in tribal areas of India including those in Himachal Pradesh, Arunachal Pradesh, Andaman & Nicobar Islands and Nagaland.
The 1974 Indira-Sheikh accord between Sheikh Abdullah and then Prime Minister Indira Gandhi stated, "The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India".
In the USA each state has its own Constitution.
Article 1 of the Constitution of Jammu and Kashmir states that the state of J&K is and shall be an integral part of the Union of India. Article 5 states that the executive and legislative power of the State does not extend to matters except those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India. These provisions cannot be amended. The Constitution was adopted and enacted on November 17, 1956.
Applicability of the Constitution of India to J&K is contingent on its acceptance by the J&K Assembly. The explanation provided is: In exercise of the powers conferred by clause (1) of Article 370 of the Constitution, the President, with the concurrence of the Government of the State of Jammu and Kashmir made the Constitution (Application to Jammu and Kashmir) Order, 1950 which came into force on January 26, 1950 and was later superseded by the Constitution (Application to Jammu and Kashmir) Order, 1954 which came into force on 14 May 1954.
Article 370 specifies that except for Defence, Foreign Affairs, Communications and ancillary matters (matters specified in the instrument of accession) the Indian Parliament needs the State Government's concurrence for applying all other laws. Thus the state's residents have lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.
Similar protections for unique status exist in tribal areas of India including those in Himachal Pradesh, Arunachal Pradesh, Andaman & Nicobar Islands and Nagaland.
The 1974 Indira-Sheikh accord between Sheikh Abdullah and then Prime Minister Indira Gandhi stated, "The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India".
In the USA each state has its own Constitution.
Speaking in the Lok Sabha in 1992 on Article 370 BJP leader Murli Manohar Joshi spoke of the need to have one set of laws to govern the entire country and the inherent right of any Indian citizen to buy or own property in any part of India.
Former Prime Minister then helpfully reminded him that BJP rules states like in those in Himachal Pradesh and UP did not allow "outsiders" to own land or houses in the hill regions of the states. He also told Murli Manohar Joshi that since he hails from Kumaon, he out to have been aware of this. Even now Himachal Pradesh and Uttarkhand do not allow "outsiders" to own more than 200 sq yds of land.
We have similar laws in all the designated tribal and Adivasi areas of India like Bastar, Kalahandi and Narainpur. And of course Praveen Togadia does not allow a Muslim to shift into his own house in Rajkot!
Former Prime Minister then helpfully reminded him that BJP rules states like in those in Himachal Pradesh and UP did not allow "outsiders" to own land or houses in the hill regions of the states. He also told Murli Manohar Joshi that since he hails from Kumaon, he out to have been aware of this. Even now Himachal Pradesh and Uttarkhand do not allow "outsiders" to own more than 200 sq yds of land.
We have similar laws in all the designated tribal and Adivasi areas of India like Bastar, Kalahandi and Narainpur. And of course Praveen Togadia does not allow a Muslim to shift into his own house in Rajkot!
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