India scraps Article 370 granting special autonomous status to Jammu and Kashmir
In an unprecedented move, India on Monday proposed to abrogate the contentious Article 370 and Article 35A. The announcement was made by Union Home Minister Amit Shah. He also proposed for Jammu and Kashmir to be a union territory with legislature and Ladakh to be union territory without legislature.
Article 370 guarantees special status to Jammu and Kashmir, restricting the Union's legislative powers to just three areas - defence, foreign affairs and communications.
Article 35A is based on Article 370, a temporary and transition provision that was included in the Indian Constitution. The negotiation happened between Jammu and Kashmir's popular leader Sheikh Abdullah and the Centre led by then Prime Minister Jawaharlal Nehru in 1949.
As per Article 35A, you cannot acquire any immovable proper in the state if you are not a permanent resident of Jammu and Kashmir. If Article 35A is scrapped, any Indian would be able to aquire immovable property in the state of Jammu and Kashmir.
Similarly, the provision of the Jammu and Kashmir assembly identifying permanent residents of the state too can turn void with the repealing of Article 35A. Citizens of Jammu and Kashmir will be like the citizens of the rest of the country. The state assembly would function like any other state assembly in the country if the controversial article 25A is scrapped. Also, there would be no special priveleges at their disposal if implemented.
Article 35A's legality was challenged in the Supreme Court on the grounds that it was never presented before Parliament and was implemented on the President's orders in 1954.
