Article 35A and 370

 

What is difference between Article 35a and 370?

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Article 35A: Permanent residents, special rights & privileges

  • Article 35A of the Indian Constitution authorises the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to those permanent residents.
  • Added to the Constitution through a Presidential Order, it defines the special rights enjoyed by the residents of Jammu and Kashmir.

So what are these special rights?

  1. As per this law, permanent residents of Jammu and Kashmir have the right to own immovable property, settle permanently, or avail state-sponsored scholarship schemes.
  2. It further restricts companies from hiring non-J&K residents if they want to operate in the state.
  3. A person who is not from J&K cannot obtain a state government job.
  4. Non-J&K resident cannot join any professional college run by the government of Jammu and Kashmir or get any form of government aid
  5. Article 35A was incorporated into the Constitution in 1954 by the orders of the then president Rajendra Prasad on the advice of the Pandit Jawaharlal Nehru Cabinet.

Article 370: Special autonomy

  1. Incorporated in the Constitution on October 17, 1949, Article 370 exempts J&K from the Indian Constitution (barring Article 1 and Article 370 itself) and allows it to draft its own Constitution.
  2. As per the Constitution of India, Article 370 grants special autonomy to Jammu and Kashmir and is also temporary in nature.
  3. The provisions of Article 238, which was omitted from the Constitution in 1956 when Indian states were reorganised, cannot apply to the state of Jammu and Kashmir.
  4. Article 370 has been drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions.
  5. The Indian Parliament cannot increase or reduce the borders of J&K.

On 5 August 2019, the Government of India revoked the special status, or limited autonomy, granted under Article 370 and 35a of the Indian Constitution to Jammu and Kashmir

I HOPE YOU LEARN SOMETHING FROM THIS BRIEF summary.

THANK YOU…..

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