economic

1. Economic
New emerging provision in India. There are so many emerging provisions in India our research is about
article 370
The amendment of Article 370 in August 2019, which effectively nullified the special status of Jammu and
Kashmir, was a watershed moment in the history of the region that went largely uncontested by the
international community. Besides China and Pakistan, most countries were unwilling to openly criticise
India’s actions in Kashmir. The limited international response to India’s actions largely focused on the
humanitarian situation in the Valley, rather than the constitutional changes themselves. This paper outlines
the plausible reasons behind the muted international response on Kashmir.
Introduction
On 5 August 2019, the government of India revoked the special constitutional status of the erstwhile state
of Jammu and Kashmir under Article 370 of the Constitution, and abrogated Article 35A which had allowed
it to define who its ‘permanent residents’ are and what rights and privileges are attached to such residency.
The former state was bifurcated into the Union Territories of Ladakh (without a legislature) and Jammu-
Kashmir (with a legislature). Concurrently, the Indian government-imposed a near-total
telecommunications lockdown in the region, detained political leaders and dissidents, and enforced Section
144 of the Indian Penal Code to prevent violent unrest. The conditions on the ground remained the same
for over a year,with many political leaders remaining in
detention, District Development Council (DDC) elections taking place as mere tokens of normalcy, and 4G
internet services being restored only as late as February 2021. Despite the government’s actions, India
received minimal adverse reaction from the international community.
the recent revocation of the special constitutional status of the state of Jammu and Kashmir under article
370 of India’s Constitution, and the repeal of article 35A, which had allowed the state to define permanents
residents of the state and certain special rights and privileges attached to such residency. It also includes a
brief historical background of the dispute, the legal steps taken to revoke the special status, and legal
challenges to that decision.
What is the significance of article 35A?
In July 1952, an agreement was made between the then-prime minister of India, Jawaharlal Nehru, and the
prime minister of Jammu and Kashmir, Sheikh Abdullah, which called for India’s citizenship law to be
made applicable to the state and allowed the state to regulate the rights and privileges of its own permanent
residents. This agreement was codified by the president of India, who issued the Constitution (Application
to Jammu and Kashmir) Order, 1954 (made pursuant to article 370(1) of the Constitution), which added
article 35A to the Indian Constitution, allowing the state of Jammu and Kashmir to define permanent
residents of the state and certain “special rights and privileges” attached to such residency, including the
power to restrict settlement to the state and acquire immovable property:
35A. Saving of laws with respect to permanent residents and their rights.— Notwithstanding anything
contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law
hereafter enacted by the Legislature of the State,— (a) defining the classes of persons who are, or shall be,
permanent residents of the State of Jammu and Kashmir; or (b) conferring on such permanent residents any
special rights and privileges or imposing upon other persons any restrictions as respects— (i) employment
under the State Government; (ii) acquisition of immovable property in the State;(iii) settlement in the State;

2. or (iv) right to scholarships and such other forms of aid as the State Government may provide, shall be void
on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens
of India by any provision of this Part.
Article 370
Article 370 of the Indian Constitution discusses temporary provisions with respect to the state of Jammu
and Kashmir. Article 370 broadly covers three areas
Lawsmaking power of parliament for the state of Jammu and Kashmir: Generally, Parliament has the power
to make laws for all the matters of the centrallist and the Concurrent list. But Article 370 restricted the law-
making power of Parliament for the state of Jammu and Kashmir. According to Article 370, parliament can
only make laws for Jammu and Kashmir on the concurrent and centrallist which wasdecided while signing
the instrument of accession. There were three areas in which parliament can make law for Jammu and
Kashmir, i.e., Defence,Communication and External Affairs. These three areas cover 31 matters of central
and State list. If Parliament wants to extend its scope beyond 31 matters,then the permission of the Jammu
and Kashmir government is required. Generally, when parliament makes any laws such as RTI, GST etc.,
it applies to every state directly except Jammu and Kashmir. But in case of Jammu and Kashmir, any laws
passed by parliament should be ratified by state assembly of Jammu and Kashmir. If State assembly ratifies
that law, then only it will apply to the State of Jammu and Kashmir.
Provisions of the Indian
Story of creation of Article 35A
During the Treaty of Amritsar in 1846, the British Government has given Jammu and Kashmir to Maharaj
Gulab Singh and Jammu and Kashmir was treated as Princely state. Legal provisions were made between
1912 to 1932 for Jammu and Kashmir.
After the adoption of Article 370 in the Indian Constitution, the citizenship of India was also extended to
people of Jammu and Kashmir, but leaders and constituent assembly of Jammu and Kashmir wanted that
existing laws and state subject of Jammu and Kashmir should be afforded different treatment.
Story of the Abolition of Article 370 and 35A
You must have heard about the fact via. TV, Newspaper or other social media that the Government has
abolished Article 370 and Article 35A of the Indian Constitution. But, have you ever thought that by what
procedure and by which bill, this abolition is made? Name of the bill was “The Jammu and Kashmir
Reorganisation Bill, 2019” which wasintroduced by the minister of home affairsAmit Shah in Rajya Sabha
on 5th August 2019. The bill was passed in Rajya Sabha on the same day and passed by Lok Sabha on 6th
August 2019. Assent of President was also given to this bill on dated 9th August 2019. “The Jammu and
Kashmir Reorganisation Bill 2019” wasthat bill by which passesresultsabolition of Article 370 and Article
35A of the Indian Constitution
Views of people of Jammu and Kashmir who were in support of this Bill
There were some people who were supporting The Jammu and Kashmir Reorganisation Bill 2019 on the
basis of their different views as follows:
Jam yang Tsering Namgyal (a member of Lok Sabha for Ladakh constituency) support this Bill and hoping
the move of Government will encourage jobs and development in their areas.

3. Leadersof the Kashmiri Hindu community (who were displaced from the Kashmiri Valley) were in support
of this Bill and hoping for the justice to their communities.
Some more reasons as to why the Article should be removed are:
1. The state,upon removal, will prosper economically and socially.
2. Social amalgamation will reduce the threat of militancy.
3. Kashmir could be one of the top tourist destination after complete development.
Ko4. It will also prove to be good diplomacy to deal with Pakistan over territorial disputes.
5. It will politically give chance to all parties to rule the state and allow its development.
There could be many other minor or major advantages of abolishing Article 370 and give full course to
J&K to prosper.
Thus, the Article 370 needs to be removed
Conclusion
The issues related to Article 370 and Article 35A were very sensitive and complex issues which were raised
in India. It was a Historical decision that Indian Government cancelled the special status which was granted
under Article 370 to Jammu and Kashmir, which has been a matter of dispute among India, Pakistan and
China since 1947.
References
https://www.thehindu.com/news/national/full-text-of-document-on-govts-rationale-behind-removal-of-
special-status-to-jk/article28821368.ece
https://blog.ipleaders.in/from-the-creation-of-article-370-and-35a-to-abolition/
https://blogs.loc.gov/law/2019/10/falqs-article-370-and-the-removal-of-jammu-and-kashmirs-special-
status/#:~:text=Article%20370%20of%20the%20Constitution,status%20within%20the%20Indian%20uni
on.