Article 370 & Article 35 A of the Indian Constitution | Jammu and Kashmir

Summary

In this video, Priya explains the significance of Articles 370 and 35A in Jammu & Kashmir's integration into India. She covers the historical context, including the Instrument of Accession signed by Maharaja Hari Singh in 1947 and the impact of UN involvement and plebiscite suggestions. Priya also delves into the provisions of Article 370, outlining its limitations on Parliament's power and its impact on Jammu & Kashmir's laws. Additionally, she discusses Article 35A, which grants special privileges to permanent residents. The video aims to clarify the legal complexities surrounding these articles and their implications on Jammu & Kashmir's status.

Takeaways

• 😀 The 'Carrot and Stick' approach is important for understanding the integration of Jammu & Kashmir into India.
• 😀 On October 26, 1947, Maharaja Hari Singh signed the Instrument of Accession, making Jammu & Kashmir an integral part of India.
• 😀 The United Nations (UN) labeled Kashmir as a disputed territory and suggested a plebiscite to resolve the conflict between India and Pakistan.
• 😀 The plebiscite was never conducted because both India and Pakistan refused to withdraw their military forces from Jammu & Kashmir.
• 😀 Sheikh Abdullah, a prominent leader of Jammu & Kashmir, played a key role in representing the population's political issues.
• 😀 Article 370 was introduced to ensure that even if a plebiscite was conducted, people in Jammu & Kashmir would feel secure and consider India their home.
• 😀 Article 370 of the Indian Constitution restricts the power of the Indian Parliament in Jammu & Kashmir, limiting it to specific matters like Defense, Communication, and External Affairs.
• 😀 Laws passed by Parliament need approval from the Jammu & Kashmir State Assembly before they apply in the state, making the legislative process more complex than in other states.
• 😀 Article 370 also defines how the Indian Constitution applies in Jammu & Kashmir, with many provisions not automatically extending to the region.
• 😀 Article 35A, introduced through a Presidential Order in 1954, grants special rights to the permanent residents of Jammu & Kashmir, such as the right to own property, work in government jobs, and access state benefits.

Q & A

What was the main reason for Maharaja Hari Singh's request for help from India in 1947?

Maharaja Hari Singh requested help from India because Pakistan had attacked Jammu & Kashmir in 1947, and he needed assistance to protect his territory.

What was the Instrument of Accession, and why was it significant for Jammu & Kashmir?

The Instrument of Accession was a legal document signed on October 26, 1947, by Maharaja Hari Singh and the Indian government, which officially made Jammu & Kashmir a part of India.

What role did the United Nations play in the Kashmir dispute?

The UN labeled Kashmir as a disputed territory and suggested a plebiscite to determine whether the people of Jammu & Kashmir wanted to join India or Pakistan, but this was never conducted due to unresolved conditions.

What are the key pre-conditions for the plebiscite in Jammu & Kashmir as suggested by the UN?

The key pre-conditions for the plebiscite were: 1) Pakistan had to withdraw its army from the areas it occupied in Jammu & Kashmir, and 2) India needed to reduce its military presence in the region.

Who was Sheikh Abdullah, and what role did he play in Jammu & Kashmir's political landscape?

Sheikh Abdullah was a popular leader in Jammu & Kashmir who represented the issues of the local population, particularly the suppressed classes. He later became a key figure in the political negotiations that led to the creation of Article 370.

What was the purpose of Article 370, and how did it relate to the Instrument of Accession?

Article 370 was introduced to give Jammu & Kashmir special autonomy under the Indian Constitution. It was a means to incorporate the provisions of the Instrument of Accession into the Constitution, making Jammu & Kashmir a part of India while respecting its unique status.

How does Article 370 limit the powers of the Indian Parliament in Jammu & Kashmir?

Article 370 restricts the Indian Parliament's legislative powers over Jammu & Kashmir, allowing laws to be made only on matters that were agreed upon in the Instrument of Accession, specifically in defense, communication, and foreign affairs.

What is the process by which laws made by the Indian Parliament apply to Jammu & Kashmir under Article 370?

Laws passed by the Indian Parliament must be ratified by the Jammu & Kashmir State Assembly before they apply in the state, unlike in other states where such laws automatically apply.

Can Article 370 be removed, and what is the procedure for its removal?

Yes, Article 370 can be removed. The procedure requires approval from the Constituent Assembly of Jammu & Kashmir, which was dissolved in 1957. After that, the President of India can issue a public notification for its removal.

What is Article 35A, and how does it relate to the rights of Jammu & Kashmir's permanent residents?

Article 35A grants special rights and privileges to the permanent residents of Jammu & Kashmir, such as rights to government employment, land ownership, and other benefits. It was added through a Presidential order in 1954 and applies only to the state's permanent residents.