What is Article 370?
Article 370 of the Indian constitution gave special status to Jammu and Kashmir.
Jammu and Kashmir was administered by India as a state from 17 November 1952 to 31 October 2019, and Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration.
Article 370 was drafted in Part XXI of the Indian constitution titled "Temporary, Transitional and Special Provisions".
What is Article 35A?
Article 35A stems from Article 370 and was introduced through a Presidential Order in 1954, on the recommendation of the J&K Constituent Assembly. It appears in Appendix I of the Constitution.
Article 35A empowers the Jammu & Kashmir legislature to define the permanent residents of the state, and their special rights and privileges.
Preference in hiring for positions in the public sector, and other benefits.
Only citizens of Jammu and Kashmir who dwell there year-round are eligible to purchase real estate there and cast ballots in local elections.
Dilution of Article 370
On 5 August 2019, the Government of India issued a Presidential Order superseding the 1954 order, and making all the provisions of the Indian constitution applicable to Jammu and Kashmir.
The order was based on the resolution passed in both houses of India's parliament with two-thirds majority.
In addition, the Jammu and Kashmir Reorganisation Act, 2019 was passed by the parliament.
Enacting the division of the state of Jammu and Kashmir into two union territories to be called Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
This is the first time that a state has been converted into a UT.
Five Lok Sabha seats remain with the union territory of Jammu and Kashmir, while one allotted to Ladakh.
The UT of Jammu and Kashmir will have an Assembly, like in Delhi and Puducherry.
The citizens of Jammu and Kashmir will not have dual citizenship.
The Indian Penal Code replaced the Ranbir Penal Code of Jammu and Kashmir.
Article 35A, which originates from the provisions of Article 370 stands null and void.
Issues associated with the dilution of Article 370
A number of petitions were presented to the Supreme Court of India, challenging the central government's decision to abrogate Article 370 of the Constitution.
The various petitions have challenged the Centre’s “unilateral” move to impose curfew and unravel the unique federal structure of India by dividing J&K “without taking consent from the people”.
They have questioned the Centre’s move, under cover of President’s Rule, to “undermine crucial elements of due process and the rule of law”.
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