Adv. Ronik Sharma A new history was created on this day last year after so many decades with the removal of Article 370 and Article 35A by the Parliament of India and bifurcation of erstwhile State of Jammu and Kashmir into Union Territory of J&K and Union Territory of Ladakh. The Jammu and Kashmir Reorganization Bill was firstly introduced in the Upper House (Rajya Sabha) on 5th of August 2019, through a voice vote and 125 were in favour and 61 were against and the bill was passed by the Rajya Sabha.It is well known fact that due to Article 370 the erstwhile State of Jammu and Kashmir had a separate constitution and separate flag. The central laws were not directly applicable to Jammu and Kashmir directly and if we talk about the Article 35A which was incorporated in the Constitution of India on 14th May 1954 by a presidential order unconstitutionally, bypassing the Article 368 which empowers only Parliament to amend the Constitution. Article 35A was a biggest fraud in Indian Constitutional history and was neither part of the drafted Constitution nor part of adopted and enacted Constitution of India. The addition of Article 35A was during the tenure of the then president Rajendra Prasad on the advice of Prime Minister Jawaharlal Nehru. Cabinet not only violated Articles 14 to 21 of the fundamental rights contained in Part III of the Constitution but also other procedures of the Constitution of India. With the removal of both the discriminatory Articles 370 and 35A will provide an opportunity to the youth of Jammu and Kashmir to get employment in private industries, due to continuous of both the Articles there are very less industries in Jammu and Kashmir and silent migration of J&K youth to other Indian States and Union territories of the country continued for getting jobs and placements. Before the removal of both the Articles the outsiders were not allowed to setup a business Unit/ industries in erstwhile State of Jammu and Kashmir. Article 370, temporary provisions with respect to the erstwhile State of Jammu and Kashmir and incorporated in part XXI of the Indian Constitution. But temporary and transitional provisions become permanent feature of the Constitution of India after 1957 when the Separate Constitution of Jammu and Kashmir came into existence. Why Removal of Articles 370 and 35A was important?
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