An Insight to Article 35A and Article 370 of the Constitution of India

1) Name: Anant Pratap Singh Chauhan

Email ID: anant.pratap129@gmail.com

Contact Number: 73106 74072

Address: F2 GF, Kaveri Royal Apartments, Swarn Jayanti Nagar, Ramghat Road, Aligarh

Institute: Faculty of Law, Aligarh Muslim University, Aligarh

2) Name: Anushka Chaudhary

Email ID: anushka23chaudhary@gmail.com

Contact Number: 91939 72352

Address: H. No. 95, Brij Vihar, A.D.A. Colony, G.T. Road, Aligarh

Institute: Faculty of Law, Aligarh Muslim University, Aligarh

ABSTRACT

Introduction –
Kashmir Valley, also known Switzerland of the East due to its beauty, has been a topic of
controversy since the independence of India mainly due to political unrest in the state. The
unrest is a result of a long history dating back to the time when India was a part of the British
Empire. In an attempt to solve the disturbance, the Indian government came up with Article
35A and 370 but these provisions have caused mass discontentment among the people of
India who look upon them as a threat to sovereignty of the nation.

Purpose –
To make a critical appraisal and examine the constitutional validity of Article 35A and the
relevance of the Articles in the present scenario. Also, to throw light on the circumstances
which resulted in the formation of these provisions.

Methodology –
The study is being carried out through, both the doctrinal and nondoctrinal methods; more
importance was laid on non-doctrinal method to arrive the real issues and problem. Also,
using primary and secondary sources of information to derive the real statistical data.

Findings –
There is very high ambiguity regarding the Constitutional validity of Article 35A as it was
formed through a Presidential order and was never presented in front of the Parliament. Also,
the use of “Permanent Residents” goes back to early 20th century when Kashmir was still
ruled by the Dogra dynasty. Article 370 in the recent years has been used more as a political
tool.

Conclusion –
The majority of nation feels that Article 370 and Article 35A are against the spirit of India as
they go against the united and integrated character of India by distinguishing between various
state subjects. There has also been numerous situations like that of Valmiki community in
J&K which establishes the provisions as being unjust. So, it can be concluded that the
Articles not only go against the integrity of the Nation but also are discriminatory to the
Citizens of India.
An Insight to Article 35A and Article 370 of the Constitution of India