Artcile-370-35A

Article 370 & 35A Development, Consequence & Current Situation 2020

The article 370 was removed in Aug-19. Recently in the news because one year completed for abrogation of Article 370 and 35A also its 1ts anniversary of J&K and Ladakh as Union Territory.

Historic Developments

  • In 1948, The Ruler of J&K signed on treaty of accession with Indian government to provide protection from Pakistan aggression.
  • After this treaty the Article 370 and 35A was inserted in the part xxi of the constitution on temporary bases.
  • As per the 370-article center needed the state government’s permission to impose any law except Defence, Finance, foreign affairs and communications.
  • Article 35A of the Indian Constitution gave powers to the Jammu and Kashmir Assembly to define permanent residents of the state, their special rights and privileges.

In August 2019

  • The president of India promulgated constitution Order 2019 which stated that all constitution provision will applicable in the state.
  • Also, J&K reorganization act 2019 passed that bifurcate J&K into 2 UTs i.e.

Why government did this

  • To make development of the J&K
  • To create peace in the sector
  • For Development of local bodies
  • To increase the participation of the locals in the administration

Last one-year development

  • Government has granted a package of 80,000 crores for the development of J&K
  • The road transport & highway ministry is working on various development projects like Srinagar-Jammu-Lakhanpur highway, Qazigund-Banihal Tunnel and Srinagar ring road etc.
  • Citizens residing in J&K can now reap benefits of central schemes such as Ayushman Bharat scheme, Atal Pension Yojana, PM-KISAN, Pradhan Mantri Jan Dhan Yojana and Stand-Up India.
  • Under the National Saffron Mission, more than 3,500 hectares of land in J&K is being rejuvenated for saffron cultivation.
  • In a bid to further boost tourism and connectivity, 11 airports in J&K and two in Ladakh are being considered under the UDAN scheme.
  • The health sector has been transformed with the opening of two AIIMS Hospitals and five new medical colleges.
  • There has been a 262% increase in minority scholarships.

Diplomatic and International Developments Against Removal of Article 370 and 35A

  • Pakistan portrayed the changes in Kashmir as a “humanitarian crisis” that threatened the stability of the region. But most of the countries in UNSC underlined that its bilateral issue and not deserve any attention of council
  • As a permanent member of the UN Security Council and an ally of Pakistan, China requested a “closed consultation” on Kashmir. The countries such as Malaysia and Turkey criticized the restriction imposed in the valley.

Consequences as per MHA of scrapping the Article 370 & 35A

  • The terror-related activities have reduced by around 36% in the valley after the abrogation of Article 370.
  • 40% decrease of involvement of local youth in terrorist organizations.

Current Situation of Article 370 and 35A

Petitions related to Article 370 revocation in Supreme Court (SC)

  • Challenge to abrogation of Article 370 Petitions challenging the abrogation of Article 370 of the Constitution, are pending in the SC. Any significant hearing is yet to take place.

Petitions against lockdown and for restoring 4G services

  • Petitions were filed in the Supreme Court against restrictions imposed on internet services and communication lines.
  • SC declared access to internet a fundamental right and asked the government to review such restrictions and look into restoration of 4G services.

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