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Kashmir's Special Status: Understanding Articles 370 and 35A

By NDP newsroom

India has recently revoked a law that granted special status to Indian-administered Kashmir, resulting in an indefinite lockdown and large troop deployments in the region. This move, led by the Hindu nationalist Bharatiya Janata Party (BJP), has sparked tensions in the Muslim-majority region and raised concerns internationally, especially with Pakistan.

What are Articles 370 and 35A?

Article 370: Enacted in 1949, Article 370 granted Jammu and Kashmir significant autonomy within India. It allowed the region to have its own constitution and laws, except in matters of finance, defense, foreign affairs, and communications. The article also prohibited outsiders from acquiring property in the region, giving Kashmiris special rights regarding property ownership and citizenship.

Article 35A: Introduced in 1954, this article allowed the local legislature of Jammu and Kashmir to define "permanent residents" and barred non-residents from settling, purchasing land, or holding local government jobs. It also restricted female residents' property rights if they married someone from outside the region, extending the restriction to their children.

Why are these articles being abolished?

The BJP, along with right-wing allies, has long criticized both articles, particularly Article 35A, which they deem discriminatory. Critics argue that it is unconstitutional because it lacks parliamentary sanction and is seen as a barrier to broader integration of Jammu and Kashmir with India. Prime Minister Modi’s government promised to remove these articles as part of its election campaign, appealing to its Hindu-majority electorate.

What are the consequences?

The repeal of Article 370 allows people from other parts of India to acquire property in Jammu and Kashmir and settle there permanently. This has raised fears among Kashmiris that it will alter the region’s demographic balance, shifting from a Muslim-majority to a Hindu-majority population.

What happens next?

The legal and political ramifications of this move remain uncertain. While Article 370 can be revoked by a presidential decree, there are debates on whether approval from Kashmir's state lawmakers is necessary. Legal challenges are expected, and the revocation may lead to a rise in separatist movements in Kashmir and political opposition within India.

The abrogation of Article 370 has significantly altered Jammu and Kashmir’s status within India, converting it into two union territories governed directly by New Delhi, with Jammu and Kashmir having a legislative assembly, but Ladakh being directly administered without one.

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