This is a short analysis of articles 370 and 35A and what changed and aftermath of 35A deconstitutionalised.

2. The Hindustan Times cutout showing Prime Minister Nehru of India with Maharaja Hari Singh of Kashmir (1947) [1]

3. Article 370 of the Indian constitution gave special status to
Jammu and Kashmir, a region located in the northern part of
Indian subcontinent which was administered by India as a
state from 1954 to 31 October 2019, conferring it with the
power to have a separate constitution, a state flag and
autonomy over the internal administration of the state.[2]

5. Article 35A of the Indian was an article that empowered the
Jammu and Kashmir state's legislature to define "permanent
residents" of the state and provide special rights and
privileges to them. Privileges to include the ability to purchase
land and immovable 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'.[3]
Central Government’s control was limited to EXTERNAL
AFFAIRS, DEFENCE and COMMUNICATION.

6. Discriminatory nature of 370 and 35A
Prior to the removal of article 35A
• Jammu - Kashmir's citizens had dual citizenship
• Jammu - Kashmir's national flag was different.
• Jammu - Kashmir' Legislative Assembly's term was 6 years whereas its 5
years for the States of India.
• In Jammu - Kashmir it was not a crime to insult India's national flag or
the national Symbols!
• The order of the Supreme Court of India was not valid in Jammu -
Kashmir
• Parliament of India may make laws in extremely limited areas in terms of
Jammu - Kashmir

7. • In Jammu-Kashmir: If a Kashmiri woman married a person of any other
state of India, Kashmiri citizenship to that female ends!. In contrast if a
Kashmiri woman married a person from Pakistan that person will get
citizenship of Jammu - Kashmir. It has been providing Indian citizenship
to Pakistani terrorists.
• Because of Section 370, RTI, RTE and CAG did not apply
• Indian laws were not applicable:
Sharia law applicable to women in Kashmir
No rights to panchayats in Kashmir
Minorities in Kashmir [Hindus and Sikhs] did not get 16% reservation
Discriminatory nature of 370 and 35A (cont’d)

8. • Due to 370 Indians from other states cannot buy or own land in Kashmir.
However Kashmiris can buy land all over India.
• Private industries do not establish in Kashmir because they cannot acquire
own land. This leads to unemployment in youths. This unemployment
give them enough time to take part in activities like stone pelting and
separatism movement.
• Because of Section 370 Pakistanis gets Indian citizenship for which they
only need to marry a girl from Kashmir.
• It’s a good to remove section 370, because due to this our security and
nationalism compromised in Kashmir
Discriminatory nature of 370 and 35A (cont’d)

9. Stance of Ruling party
Repeal of Article 35A has been a part of the core
agenda of the Bharatiya Janata Party (BJP) and
its ideological parent Rashtriya Swayamsevak
Sangh (RSS). In February 2019 with less than
two months left before the commencement of
crucial Lok Sabha elections, the BJP started
gunning for political dividend by taking a
political stand on the issue.

10. Discussions to finalize the government's stance were
restricted to a core group of the ruling party, BJP,
comprising Prime Minister Narendra Modi , BJP president
Amit Shah, Home Affairs Minister Rajnath Singh and
Finance Minister Arun Jaitley.
Modi Shah Singh Jaitley

11. The world acclaimed attorney and then union minister late Sh.
Arun Jaitley made extensive remarks on the special status of
Kashmir.
He called article 35A “constitutionally vulnerable” and also called
the Nehruvian course which the state had embarked till then a
“historical blunder” in 2019. [4]
Also, in February 2019, he claimed that 35A was secretly inserted
into the constitution in 1954 by then President of India Dr
Rajendra Prasad bypassing the Parliamentary route. [5]

12. Reaction of opposition and state parties
National Conference vice-president
and former J&K chief minister
Omar Abdullah said that if
everything is J&K is so rosy “why
has Modi Sahib become the 1st PM
since 1996 unable to have assembly
elections in the state on time?” He
also vowed to protect Article 35A
and Article 370.[6]

13. Jammu and Kashmir Pradesh
Congress president Ghulam Ahmad
Mir alleged that under BJP-rule the
state has witnessed erosion in
everything. “Since BJP came to power
situation turned bad and people are fed
up with the BJP. BJP has no real issues
so they are raising these issues,” he
said.[7]

14. Suhail Bukhari, media advisor to
Peoples Democratic Party (PDP)
president Mehbooba Mufti,
maintained that the PDP’s stand on
the issue of 35A and 370 is clear.
“These are articles of faith for us and
we are here to defend this status at any
cost. BJP has only worsened the
situation on ground denting any
prospects of reconciliation. For their
electoral theatrics, they have been
raking up issues against Kashmir and
Kashmiris”.[8]

15. Presidential Orders and Aftermath:
BEFORE AFTER
Article 370 accorded special status
to J&K
J&K will be like any other Indian
union territory
State assembly tenure: 6 years Assembly tenure : 5years
State assembly defined permanent
residents of the state
A 10 year stay is required for
domicile for Indians and Refugees
Non residents of J&K could not
permanently settle in the state
Any Indian can settle in Kashmir
Residents had dual citizenship of
Kashmir and India
Residents will have single
citizenship of India
Amid all the political hustle the Indian Pesident Ram Nath Kovind
through amendment in 370 declared 35A unconstitutional.

16. Reorganization of J&K
[11]

17. In support of the decision
Kashmir: win-win for everyone
The revocation of the article 370 is undoubtedly a momentous step. The
advisory to various state governments to ensure the safety and security of
the residents of Jammu and Kashmir is a step in the right direction. It must
now be followed up by a genuine outreach to the people of Jammu and
Kashmir.
GOOD FOR KASHMIRI PANDITS
BENEFITS UNDER INDIAN LAW
MORE JOBS = LESS TERRORIM
PSYCHOLOGICAL IMPACT
ECONOMIC DEVELOPMENT

18. Abrogation of article 370 integration may or may not be good for J&K and
India. Time will tell. Point is no Kashmiri was consulted. We made them
dumb, blind and rendered them stateless. You don’t support a decision because
you think its good for them, that is sheer Facism.
Lockdown in Kashmir : 400 politicians, aides, separatists under arrest for
raising their voice.
Against the motion
KASHMIRIS WERE NOT ASKED! FACIST & UNDEMOCRATIC

19. Suppression of the locals
Threat of major terror attack in Kashmir reason behind deploying
10,000 troops: govt
Suppressing the voice of locals was given the agenda of terrorist so as no
question could be raised for privacy concerns.
[10]

20. Some of those against this decision also turned towards violence.
Protests were curbed by Centre using shear force.

21. Denial of basic human rights
• Months of communication blackout
• Curfews
• Every leader who could
have an impact was put on
house arrest

22. • Many locals were molested
without any evidence
whatsoever of them doing
any wrong
• 177 politicians were put in
jail for speaking against the
so implemented law
• Hundreds if not thousands of
arrests were made under PSA

23. Ideally , it should bring peace, economic progession and make the overall
living standard of Kashmiris better, but with such a historic decision it is
almost uncertain to predict the outcome. It can be accepted with gratitude or
rather faced with impulsive backlash depending on the people the law is
implemented for. But we shall always hope for the best.
“Better never means better for everyone... It always means worse, for
some.”[12]
My Opinion

24. REFERENCES
[1]IndianBlogger.com, courtsey The Hindustan Times, 28 October 1947
[2]Article 370: India strips disputed Kashmir of special status, BBC News, 5
August 2019
[3]"The Constitution (Application to Jammu and Kashmir) Order, 1954"
[4,5,6,7,8]Knappily, 31 March 2019
[9] Arun Jaitley’s blog, 12 February 2019, www.arunjaitley.com
[10] The Hindu, 12 March 2019
[11]Article 370, Newscommuniquecom, 6 August 2019
[12] Margaret Atwood, The Handmaid’s Tale, 1985

25. THANK YOU
Questions are
welcome