The document discusses Articles 370 and 35A of the Indian constitution regarding the special status of Jammu and Kashmir. Article 370 granted Jammu and Kashmir autonomy over internal administration and allowed it to have its own constitution and flag. Article 35A granted special rights and privileges to permanent residents of Jammu and Kashmir. In August 2019, the government revoked Article 370 through a Presidential order and Parliamentary resolution, removing the special status and making Jammu and Kashmir union territories directly ruled by the central government.

1. Article 370 and
35A
BABU APPAT

2. Article 370 of the Indian constitution gave
special status to Jammu and Kashmir

3. Kashmir has been
the subject of
dispute between
India, Pakistan
and China since
1947
1947 മുതൽ കാശ്മീർ
ഇന്ത്യ, പാക്കിസ്ഥാൻ,
ചൈന എന്നിവരുടെയിെ
യിൽ തർക്കപ്പദേശമായി
പ്പഖ്യാപിക്കടെട്ടിരിക്ക
യായിരുന്നു

4. That paved way for it
to have a separate
constitution, a state
flag and autonomy
over the internal
administration of the
state
ഇത് ആ
പ്പദേശത്തിടനാരു
പ്പദതയക പേവിയുും,
പതാകയുും,
സ്വയുംഭരണാവകാശ
വുും അനുവേിച്ചു
ടകാെുക്കുന്നതിനു
കാരണമായി.

5. The government
of India revoked
this special
status in August
2019 through a
Presidential
Order and the
passage of a
resolution in
the Parliament.

6. The article was drafted
in Part XXI of
the Constitution: Temporary,
Transitional and Special
Provisions.
The Constituent Assembly
of Jammu and Kashmir, after
its establishment, was
empowered to recommend
the articles of the Indian
constitution that should be
applied to the state or to
abrogate the Article 370
altogether

7. After consultation with the state's Constituent Assembly,
the 1954 Presidential Order was issued, specifying the articles
of the Indian constitution that applied to the state.

8. Since the Constituent Assembly dissolved itself without
recommending the abrogation of Article 370, the article was
deemed to have become a permanent feature of the Indian
Constitution

9. This article, along with Article 35A, defined that the Jammu and
Kashmir state's residents live under a separate set of laws, including
those related to citizenship, ownership of property,
and fundamental rights, as compared to resident of other Indian
states.

10. As a result of this provision, Indian citizens from other states
could not purchase land or property in Jammu & Kashmir.

11. On 5 August 2019,
President Ram Nath
Kovind issued a
constitutional order
superseding the 1954
order, and making all
the provisions of the
Indian constitution
applicable to Jammu
and Kashmir.

12. Under the special status that was
granted to the region by Article 370 of
the Constitution of India, Jammu and
Kashmir was permitted to fly its own
state flag in addition to the national
flag of India between 1952 and 2019.

13. Following the
resolutions passed
in both houses of
the parliament, he
issued a further
order on 6 August
declaring all the
clauses of Article
370 except clause 1
to be inoperative.
https://indiankanoon.org/doc/1193525/

14. In addition, the Jammu and
Kashmir Re-organisation
Act was passed by the
parliament, enacting the
division the state of Jammu
and Kashmir into two union
territories to be called Union
Territory of Jammu and
Kashmirand Union
Territory of Ladakh. The
re-organisation is scheduled
to take place on 31 October
2019

15. Article 35A
of the
Constitution
of India

16. Article 35A of the Indian Constitution was
an article empowered the Jammu and
Kashmir state's legislature to define
"permanent residents" of the state and
provide special rights and privileges to
those permanent residents. It was added
to the Constitution through a Presidential
Order, i.e., The Constitution (Application to
Jammu and Kashmir) Order, 1954 – issued
by the President of India on 14 May 1954,
under Article 370. The state of Jammu and
Kashmir defined these privileges to include
the ability to purchase land and
unmovable property, ability to vote and
contest elections, seeking government
employment and availing other state
benefits such as higher education and
health care. Non-permanent residents of
the state, even if Indian citizens, were not
entitled to these 'privileges'

17. On 5 August 2019, the President of India issued a Presidential Order, whereby all the
provisions of the Indian Constitution are to apply to the State without any special
provisions. This would imply that the State's separate Constitution stands abrogated,
including the privileges allowed by the Article 35A

18. THANK YOU
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