Indian Constitution Article 370 and Article 35 A | Jammu and Kashmir
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Indian Constitution Article 370 and Article 35 A | Jammu and Kashmir

August 26, 2019


Hey Everybody, My name is Priya and you are watching Finology Legal if you have no idea about carrot and stick approach, then pause this video and watch Part 1 of the Video because of this video you will understand that how Jammu & Kashmir became the integral part of India. and if you have already watched the video, let’s continue with today’s discussion. let’s take a quick recap when Pakistan attacked Jammu & Kashmir in 1947, Maharaja Hari Singh asked India for assistance to which India said in what position we should help as Jammu & Kashmir is not a part of India because of this on 26th October 1947 Maharaja Hari Singh and Indian Government signed Instrument of Accessation This practice was used for other Princely States with them too we signed Instrument of Accessation and integrated pricely States into India. when we signed Instrument of Accessation with Maharaja Hari Singh since that day Jammu & Kashmir became integral part of India after this, Indian Government sent their army in Jammu & Kashmir and removed the Pakistan Army from the territory at this point, Sardar Vallabhai Patel believed we should get into state of war with Pakistan we should send full Indian Army and remove the left Pakistan Army from there par Jawaharlal Nehru were not in mood of more violence he said to Mohd. Ali Jinnah we have signed the Instrument of Accessation with Hari Singh which means that now Jammu & Kashmir has become the integral part of India. to which Mohd. Ali Jinnah said we don’t accept Instrument of Accessation signed by Hari Singh that was signed forcefully which has no value for us these allegations were not beared by Jawaharlal Nehru and he went to UN let’s see what UN did UN gave very less value to Instrument of Accessation tagged Kashmir a disputed area and said that there is a way to solve this dispute or disputed area and that way is Plebiscite now what is plebiscite this is voting where people of Jammu & Kashmir will decide by voting that whether they want to be the part of Pakistan or India whatever will be decided in that voting Jammu & Kashmir will be part of that country BUT there were two pre-conditions before conducting this plebiscite and they were, first – area occupied by the Pakistan will remove the Pakistani army from that area areas under Indian Army will lessen the volume of that army when these two conditions will be fulfilled plebiscite will be conducted and this dispute will be solved. but as you and I we both know both the countries were not ready to remove the armies from Jammu & Kashmir because of this plebiscite was never conducted in Jammu & Kashmir when all of these were happening then new leaders were emerging in Jammu & Kashmir Sheikh Abdullah Sheikh Abdullah was already representing many political issues of Jammu & Kashmir population because of which he was continuosly commuting to jail previously his party name was All India Jammu & Kashmir Muslim Conference in which he represents the majority population of Jammu & Kashmir after this his party name was National Conference in which he used to represent the suppressed classes of Jammu & Kashmir now see on one hand UN suggested plebiscite means people of Jammu & Kashmir will decide they want to go to Pakistan or India on the other hand Sheikh Abdullah was emerging as a popular hero who was representing all the issues of the Jammu & Kashmir population between these, Jawaharlal Nehru thought why not to bring any such thing that even if plebiscite is conducted, then too people of Jammu & Kashmir will feel India as their home they feel safe and secure this thought of Jawaharlal Nehru made Article 370 a meeting was conducted between Sheikh Abdullah and Indian Government which is called as Delhi Agreement in this meeting, conditions of Instrument of Accessation were discussed and to incorporate Instrument of Accessation in the Constitution Article 370 was bought Article 370 is part of Part XXI of the Constitution this part provides temporary, transitional and special provisions to 12 States out of these 12 states, on his Jammu & Kashmir which is covered in Article 370 if you’ll study the bare provisions of Constitution Article 370 will be confusing that’s why for more clarity and understanding I will divide Article 370 into three parts first part talks about Powers of Parliament generally, parliament has powers to make laws regarding topics listed on Central List and Concurrent List for every state but Article 370 says that power of Parliament regarding State of Jammu & Kashmir is restricted and Parliament can make laws on only those matters of Concurrent and Central Lists which were decided while signing Instrument of Accessation now, what were the matters decided while signing Instrument of Accessation three areas Defence, Communication and External Affairs these three areas cover total of 31 areas of Central and Concurrent lists and Parliament can make laws on these 31 matters for Jammu & Kashmir rest of the matters if Parliament wants to make law for Jammu & Kashmir they have to take permission from State Government of Jammu & Kashmir one more thing generally, whenever Parliament makes any law like laws regarding Right to Information or GST they automatically applies to other States but this is not the case with Jammu & Kashmir procedure of Jammu & Kashmir is firstly Parliament will pass laws that laws will go to State Assembly which will ratify the laws made Parliament if State Assembly ratifies then such laws will be applicable to Jammu & Kashmir this extra process of ratification or the restrictions to the power of Parliament applies through Article 370 second part of Article 370 says which laws will be applicable to Jammu & Kashmir Article 1 and Article 370 of the Constitution will be applicable in Jammu & Kashmir instead of this, all those provisions the Constitution will be applicable which President specified in its Presidential Order of 1954 this order is modified from time to time. all the laws specified in that order will be applicable to Jammu & Kashmir except this, other Constitutional Provisions will not be applicable. third and the most important question that can Article 370 cease to exist means when will be Article 370 not applicable generally, in debates and discussions this question arises whether Article 370 can be removed? or pause the applicability of Article 370 answers to these question are given in Article 370 yes, Article 370 clause 3 says that if Constituent Assembly of Jammu & Kashmir says Article 370 shall be removed or abrogated after this if President too through a Public Notification says that yes Article 370 shall be removed then Article 370 will cease to exist. but if this has been this easy, Article 370 shall have been removed. but the problem is that the Constituent Assembly of Jammu &Kashmir was dissolved in 1957. after dissolution of Constituent Assembly, is there any meaning left to the clause 3 of Article 370? is there any value left of the procedure? do let me know in the comment box article 370 broadly cover three Areas, First – in which areas parliament can make laws Second- which provisions of Constitution will be applicable to Jammu & Kashmir and Third – How Article 370 can be removed? now this was all about how Article 370 was instituted in the Constitution and what are its provisions now lets know the second important provision related to Jammu & Kashmir Article 35A of the Constitution to understand Article 35A we will discuss history again Treaty of Amritsar happened in 1846 in which British Government gave Kashmir to Maharaja Gulab Singh Kashmir because of which Jammu & Kashmir existed as Princely States what is the difference being an Princely States people live in Princely States are known as State Subjects and people lives in other parts of British India are known as British Colonial Subjects Now, to recognise the State Subjects of Jammu & Kashmir legal Provisions were made These provisions were made between 1912-1932. such as the Hereditary State Subject order of 1927 which says that all the State Subjects are entitled to Right to Government Office and Right to use Land, Right to ownership of land etc. which are not available to non- State Subjects Do you know, Jammu & Kashmir has its own flag and Constitution which was adopted in 17th November 1956. after adopting Article 370 in the Constitution, Indian Citizenship extended to the State Subjects of Jammu & Kashmir But the leaders and the Constituent Assembly of Jammu &. Kashmir wanted that the laws and State Subjects of Jammu & Kashmir shall be treated differently that’s why the Delhi Agreement held between Indian Government and Sheikh Abdullah from which Article 370 came from that agreement only Dr. Rajendra Prasad passed an Presidential order on 14th May 1954 because of this order Article 35A was introduced in the Constitution. let’s quickly have a look what exactly Article 35A says Article 35A defines the rights of the State Subjects (permanent residents) of Jammu & Kashmir This says that all existing laws of Jammu & Kashmir which states that who will be the permanent resident and what special rights and privileges provided to the permanent residents and what will be the restrictions on the non-permanent residents like provisions to permanent residents are provided such as employment under State Government , acquisition of immovable property in the State, settlement in State and scholarships and aid from the State Government Article 35A defines the rights of permanent residents of Jammu &. Kashmir and it states that existing laws of Jammu & Kashmir and any law State Legislature will make in future shall not be declared void on the grounds that it is inconsistent with the Constitution. or they are against the rights of other citizens of India Directly, Article 35A states that these provisions will not be affected by the Constitution. However, these provisions can be against the provisions of Constitution. I hope now you can understand that why Article 35A is widely discussed and because Article 35A came from Article 370 that’s why Maximum people want that provisions like Article 370 and Article 35A shall be removed because they believe that these two Article are discriminatory now let’s see what are the provisions of Permanent residents in the Jammu & Kashmir Constitution Jammu & Kashmir Constitution which was adopted on 17th November 1956 define permanent residents as People who were State Subjects on 14th May 1954 or Residents of the State since 10 years and lawfully acquired the immovable property they will be the permanent residents of Jammu &. Kashmir definition of Permanent Residents can be changed by attaining the 2/3rd majority of State Legislature. come let’s know what are the differences between OTHER states and Jammu & Kashmir through Article 370 and Article 35A First difference is Dual Citizenship. single citizenship is applicable in other states of India you can be Indian Citizen at a time but Jammu & Kashmir is the only state where dual citizenship is applicable one Is Indian Citizenship and other is Jammu & Kashmir Citizenship. second is whole India has one flag and Constitution but Jammu & Kashmir has its own flag and Constitution third difference is in respect of emergency provisions if Parliament want it can proclaim financial emergency in the states of India but this is not the case with Jammu & Kashmir financial emergency cannot be proclaimed in Jammu & Kashmir fourth difference is tenure of State Legislature. in other states tenure of state legislature is 5 years but in Jammu &. Kashmir it is 6 years fifth difference is right to vote. Universal Adult Franchise is applicable in whole India and the person resident of that state is eligible to vote for the state assembly elections of that state but Right to Vote is not fully applicable in Jammu & Kashmir only permanent residents of Jammu & Kashmir can vote for the state assembly election in Jammu & Kashmir there are many other differences exist due to Article 370 and article 35A at this point, I want to say that topics covered in today’s video are covered from the knowledge gained by books and lectures real scenario of Jammu &Kashmir that because of Article 30 and Article 35A they are getting the peace and safety are they getting any real rights and protection because of Articles? I am not the person to comment on such questions motive of today’s video is that I can explain the provisions of Article 370 & Article 35A and if one second, yes now say Priya, but where is Article 35A? Article 35A is not a part of 448 Articles in the Constitution Article 35A is added in the Constitution through Appendix I will put a link in the description box where you can see the Article 35 A but for all such important information or if you want to know important recent cases of Article 35A and Article 370 or if you have this question that Article 370 is of temporary nature or acquired permanent status to know this you can subscribe my course of Constitution in which every week I cover 1 chapter of the Constitution in very interesting way billing of this course is available in the description box I hope you liked today’s video and if yes then please subscribe to my channel. That’s it for now see you in the next class. Bye Bye.

Only registered users can comment.

  1. Read our latest blog on J&K issue involving Article 370 & 35A- https://blog.finology.in/Legal-news/Article-370-and-35(A)-revoked

  2. After watching this video now I understand it was article 370 that makes kashmiri an integral India(otherwise it's not India) but if the center dissolve article 370 I think kashmiri should be a free state. I think India is a motherf**ker now.

  3. India listen carefully Kashmir is not yours, It is the land which belongs to Kashmiri people only. And you will see soon that how much big mistake you have made, Inshallah.

  4. You should be in the parliament as a speaker or a part of Indian Constitution. Indian Government must watch all your videos and understand how knowledgeable you are about the history and civics of India.
    I wish you were my History teacher at list I could manage to get pass mark? Good luck keep doing the good work. God bless you.

  5. Nehru wanted Pakistan to retain the Area occupied by Pakistan. So he ran to UN to internationaluse and complicate it. Then he and Sheikh Abdullah "cooked up" 370 out of thin air deliberately .

  6. madam make a video on whether the state includes judiciary or not? with relevant case laws please… it would very help full to us

  7. excuse me, you left out some very "convenient points" out.
    1) The reason plebiscite never happened because Pak never removed its troops from PoK, which was the FIRST clause of UN, only to be followed by Indian troops which was the SECOND clause. You made it sound as if both sides were adamant playing a game of "you first – you first"
    2) You made it sound as if Nehru was a brilliant tactician in forming Article370. In reality, Nehru was a bosom friend of Shk. Abdullah and he purposely went to UN to make the situation complicated so that it goes in favor of Abdullah. Article 370 was specifically made to make sure Abdullah remain in charge of the narrative. He later scammed President Rajendra Prasad to issue Article 35A as a declaration, without getting it passed from Rajya Sabha.
    Its ok to be neutral, but do not be politically correct either. It helps no one.

  8. Priyaji you are very factual and explained everything very legally. My 2 bits are that….all laws are made by people to establish order between themselves in society for the welfare of all in society. But the catch is that we assume that all the people are of a democratic persuasion. Unfortunately wherever Islam is in majority in numbers and the Islamic Ideology is entertained by the most people..democracy can never happen. It can be only Islamic or Shariat compliant Sultanate or Kingdoms. Or like many countries in OIC ruled by brute strength of armies or Tribal majorities. These Articles 370 and 35A are legal verbose for such a Theocratic Islamic Ideology. That is why none of refugees who came from West Pakistan were even seen as human beings to be settled. There were many properties which were vacant but they didn't get any. Same happened in Pakistan with the Muhajirs from UP. Conclusion: 370 and 35 are anti people and anti human designed and conceived by medieval mindset. And however we talk and discuss the legal side of it, we are just giving sanctity to the ideology they are framed under. So Teacher of mine was famous for saying" Good Riddance for Bad rubbish".

  9. Priyaji just a humble suggestion. Majority of our legal provisions are based on the Governemnt of India Act 1935". Sharp intelligent minds like yours would and should dwell on them and make them all 21st Century compliant, humane and in archaic. I hope you can do it. If you are ready we can all contribute towards it in our small capacities willingly.

  10. i think instrument of accession there is no conditions mentioned of such defense, External Affair,Communication. Also as per superme court 35 A is a fraud not imposed by parliament

  11. Mam, You taught me personally in Pro C education for clat . Hope you also remember me.This vedio is wonderful, thanks for sharing your knowledge in Youtube as well..You are wonderful teacher.

  12. Part 1st main apne kaha 26 Oct 1947 KO instrument of accession singed hua….or is video m apne likha h 26 Oct 1954

  13. जवाहर लाल ने… के कारण ये दिंन देखना पडा हम को 😡😡

  14. Watching ur video for the first time Mam and just subscribed it right after watching it…. But too much cut and edition. Pliss work on it next time😊

  15. Mahbooba Mufti n Farooq Abdullah both just said, “it’s they forefathers huge blunder to be part of India”. They feel shame now.
    This is ur India.
    Thanks to modi for empowering the 2 nation theory.

  16. 2018 me sc ne kaha tha constituent assembly dissolve ho jane ki vajah se 370 ab hatai nahi ja sakti.

    lekin constituent assembly ke power legislative assembly ko diye jane ke karan ab lagisltive assembly ke sahmati se 370 hatai ja sakti hai.—amendment of article 367

    ab legislative assembly na hone ke karan uske sare j&k ke power rajypal ke pas hai.

  17. Jammu and Kashmir ka pareshani ka jad… Nehru… Point is clear… Bhadwe ko United Nations Jane ka Kia zarurat tha

  18. Mam im company secretary students ..n urs video most helpful in my studies …aap bhoot aacha kam kar rahey ho keep it up

  19. Kindly upload more videos on The Constitution of India. I like the way you explain each articles. Thanks in advance👏🏼

  20. When 370 introduced by Indian government then they can also scrap it. Who is Sheikh Abudullah he is not law of Kashmir.

  21. I have a question….as laddakh has given the status of without legislature…so how it will work…the laws will be made paliament?

  22. The history of these 2 countries in dispute shows the INCAPABILITY and the fallible democracy. We have recently witnessed a social referendum in the UK on whether Scotland should be separated from England or not and the result was NO.
    Why the UN proposal of people's referendum is not applicable in this region? Only an answer left – the religion. Religion prevails on democracy. It's totally useless continuing debate over this issue. Nothing will be resolved as long as the religion prevail! Man made and imposed slavery is called religion.

  23. Why does not someone come up with a Constitutional article which would eliminate any religion? That would save the humanity making it progressive and evoluted. We are victims of man made religion and its clauses.

  24. Both India and Pakistan are arguing on Kashmir as their possession but none of them really care about what could possibly be the will of Kashmiris which is not the sign of democracy rather imposition. Neither Pakistan nor India should be the one which decide over the Destiny of this region because that could highly be an influenced decision. Their should be third party like UN should have the complete authority over this dispute. We have already seen China occupying Tibet over night and nothing has happened so far. No country seems to care about Tibet.

  25. Hello mam, मेंम में चाहता हूँ के आप article 371 पर एक video बनाइए।

  26. Most detailed and simplified explanation on this topic, much like classroom teaching. 👍 Keep up the good work.

  27. Everyone is just acknowledging the information gathered, not actually commenting on 370 revoke, which india did now… INDIAN govt. is doing injustice to the people of Jammu & Kashmir, killing thousands of people including children, teen age girls and women. and those (Non-Kashmiris) who are feeling happy … their time will come, and when some injustice will happen to you n your family then you may realize.

  28. The best part was when you told that you were not the right person to answer about the current scenario of J&K, shows that you are very clear in what you know and not in something you don't know, this is quality everyone should imbibe. Thanks for the info on Article 35A and 370.

  29. आपने बहोत ही इंग्लिश शब्द का उपयोग किया है, ईसलिए आपकी बाते समझती नही

  30. Superb video mam. Through your video I understood very clearly about reasons behind abrogation of articles (35A & 370) of constitution.

  31. Such agreements can be honoured by only highly educated & civilized citizens like Swiss. Not corrupt garbage parties of South Asia.

  32. Great work mam..will you please make more and more videos so that we know real facts of history if possible.
    Your work is really appreciable 👍

  33. I have to give presentation on the topic in school tomorrow and this helps me a lot
    Edit – Thank you for adding subtitles, Now I can make notes e

  34. As India did with Junagarh and Haiderabad their majority population were Hindu so referendum went in Indias favour so why India is not accepting referendum for Kashmiri people? don't they have right to select their way of independence??? Is it not Indias double standard? This shows Indias bad intention. They just want land of Kaahmir they don't care about Kashmiri humans.

  35. Hello priya stop your videos. With this no good thing will happen because someny other are missing Indian army has ready to come out but Pakistan was not that's why not removed Indian army and 1more thing is if Pakistan use with friendly manner or with proper talks would have do with Raja hari sing instead of that when use army then all rules were overruled then India is done now is correct and all Kashmiris saved other wise Pakistan would kill all like baluchistan and sale the land to China

  36. According to the majority of Muslim population in Kashmir, it is "the Integral part of Pakistan" since 1947.

  37. all political leaders are under arrest, and with might is right, they are scrapping and adding whatever they like into the constitution. If constitution has so much respect, why human rights are violated to this extend that millions of kashmiris are under house arrest from half a month. what does constitution say about it. Till now there was legal agreement between india and kashmir, now its forceful occupation, like pakistan did on other part of kashmir. Earlier pakistan sent his army and took half of kashmir also knows as Pakistan Occupied Kashmir, now present India sent his army and locked down everyone, till they dont accept India. Hence Indian Occupied Kashmir. Matter of fact, Pakistan occupied kashmir, still has its Prime Minister and every right of kashmir is secured in POK. In IOK, even media isnt free to report and latest UN report talks in detail of human rights violations.
    As per your carrot strategy, India asked what we will get if we help you. So condition accession was done. 3 conditions (communication,defense,External Affairs), So India should respect that, if all other changes are made unconstitutionally. If constituent assembly has been dissolved, same can be constructed again, if center wants to scrap the laws, if agreement has to be broken, 2 parties should decide. Might has always been right in kashmir, and now same is happening to rest of the India. I wish peace in india and kashmir. If the current Govt can scrap such tightly tied bond and agreement, think about other states, how they will be divided into smaller territories.

  38. Sala Kya Socha tha Bhagat Singh , Chandrashekhar Azaad ne….. Yeh Politicians ki MKB.
    Salute to these legends for fighting for an Independent India. Fucking politicians divided us and still date almost 10% people are aware of the fact…
    Afsos tab hota hai jab aaj k youth ko pta he nhi is sab ka

  39. जो हम राष्ट्रपति के अध्यादेश से Aartical 370 (1) के उपयोग से Aartical 35 (A) हटा सकते थे …. फिर हमें राष्ट्रपति के अध्यादेश में Aartical 367 (D) संविधान सभा = जम्मू कश्मीर की विधानसभा यह कहते हुए हमें जो अमित शाह ने Resolutions (1) बिल ससंद में पेश किया .. AARTICAL 370 (D) के उपयोग से Aartical 370 दुर करने के लिए जम्मू कश्मीर की विधानसभा = ससंद यह कहते हुए बिल पास हो गया

    कया राज्यसभा में बहुमत से Resolutions (1) पास न होता Aartical 35A दुर होता…….????????

  40. Hahahahaha… Bas ek hi statement yaad aati hai… Article 370 pehli fursat mai nikal…… 🤣🤣🤣🤣🤣🤣

  41. Chachaa nehru bade bhosdivaale the,
    Unke 2 shoukh the
    Ek taraf randi bazi ka shoukh aur dusari taraf nation ko taak pe rakhke Mahaan banne ka shoukh

  42. Aap ke vajah se hi main yah video ko Samajh Kar acche se likha hai aur Main Apna project work theek se kiya hai, thank you soo much 😇😇😇

  43. I have a question what happened to Raja Hari singh next ??? And why shekh abdulla joined durectly to India he may could also join pakistan !!! And why pakistan and India didnot remove their army for plebicide ?? Was PoK not included in India that time ???

  44. Dude just a simple question without Being Bias , how the heck there is a proof that Pakistan Attacked JandK and also why would it attack Jammu and Kashmir when it was the part of Pakistan ?
    Don’t you think that your words are quite contradictory miss ?

  45. Think for Kashmir beyond the Pakistani and beyond the Indian ! Imagine if we get the humble way of thinking and acceptance of eachother plus beyond thinking religion extremism and national blind love , we’ll actually live a human life then ! 😔

  46. Maam ye instrument of accession ka clause 7 hii Kya artical 370 hai? Aur agar aisa hai to 370 inactive hone ka Matlab to ye huwa ki instrument aur accession jis basis pe sign huwa tha, jo clause 7 me likha hai aur jiske liye article 370 bana, vo ab manya nhi.

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