Articles 370 & 35
Jammu and Kashmir Chief Minister Mehbooba Mufti has said that anybody weakening Article 370 (which grants special status to the state) and Article 35...
Jammu and Kashmir Chief Minister Mehbooba Mufti has said that anybody weakening Article 370 (which grants special status to the state) and Article 35 would be committing an anti-national act. Article 370 of the Indian constitution is an article that grants special autonomous status to the state of Jammu and Kashmir.
The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. All those provisions of the Constitution applicable to other states are not applicable to J&K. Some civil groups contend that the Article 35A of Constitution allows the state of Jammu and Kashmir to grant special privileges and rights to permanent residents but denies rights to several others who too have genuine claims. Article 35A was added in the Constitution by a Presidential Order in 1954.
But it is against the basic structure of Constitution, which even Parliament cannot amend. So this Article is unconstitutional, which was added without taking Parliament into confidence, according to some. Article 35A accords special rights and privileges to the natives of J&K, and empower its legislature to frame any law without attracting a challenge on grounds of violating right to equality of people from other states or any other right under the Indian Constitution.
It is alleged that the J&K government, under the guise of Article 35A and Article 370, has been discriminating against non-residents who are debarred from buying properties, getting a government job or voting in the local elections. Some organisations claim the Article 35 A was supposed to be a temporary provision. Their contention is that Article 35A was not added to the Constitution by following the procedure prescribed for amendment of the Constitution of India under Article 368.
Therefore, it is, allegedly, ultra vires the Constitution since it violates the Constitutional procedures established by law. It has been brought about by the executive organ when actually the right of amendment of the Constitution lies with the legislative organ. Therefore, this Article violates the principle of Separation of Power which is a basic feature based on which the Indian Democracy is run.