A Constitutional History

of Jammu & Kashmir

Anusha Kandula
17131A1251
Article 370 : It allows the state constituent Assembly to make
its own Constitution, thereby giving it an “autonomous
state” power. After the accession of the state to India in
1947, Article 370 served as a “mechanism for managing
Centre-state relations with specific reference to Jammu &
Kashmir,”. Article 370 also lends other powers such as the
need of “concurrence of the state government” if the
central government plans to make amendments to the
concurrent list of subjects.
Article 35A : The article empowered the Jammu and Kashmir
state’s legislature to define "permanent residents" of the
state and provide special rights and privileges to those
permanent residents.
Special Rights:
 No person who is not a Permanent Resident of Jammu
and Kashmir can own property in Jammu and Kashmir.
 No person who is not a Permanent Resident of Jammu
and Kashmir can obtain job within Jammu and Kashmir
Government.
 No person who is not a Permanent Resident of Jammu
and Kashmir can join any professional college run by
government of Jammu and Kashmir or get any form of
government aid out of government funds.
 The state gave special privileges to the permanent
residents in matters such as residence, property,
education and government jobs, which were unavailable
to others.
 A person shall not be qualified to be chosen to fill a seat in the
Legislature unless he is a Permanent Resident of Jammu &
Kashmir.
 The state government officials of Jammu & Kashmir have
issued "permanent resident certificates". The certificates
issued to females are marked "valid only till marriage", while
certificates for males have no such markings. If a woman
married to an Indian outside of Kashmir, she was denied a new
certificate. These certificates are required by the Jammu and
Kashmir state officials from anyone seeking to acquire
immovable property, education or employment within the
state.
 The women who married non-state subjects [men from other
states of India or abroad] could no longer claim state subject
status, would thereby lose both preferential treatment in
government hiring and the ability to acquire new property in
the state.
Pros :
The citizens of Jammu and Kashmir has dual
citizenship.
No outsider is allowed to purchase land in Jammu and
Kashmir.
Less competition for students of J&K as no other state’s
students come to compete in state medical and
engineering exams.
The cost of living is less, the population is also very
less.
The Order of Supreme Court of India is not valid
within J&K.
Panchayat does not have rights in Kashmir.
Cons :
Lack of medical facilities because there are less private
hospitals and the condition of government hospitals
are poor .
Due to lack of employment , youths enroll themselves
in terrorism .
 A woman from Jammu and Kashmir married to a man
from any other state of India then that woman's
citizenship shall be terminated.
No industrial sector available.
Corruption is more in J & K than from other states.
Lack of basic modern facilities like High speed
internet, 24 hours electricity, 24 hours water supply
Change of status of Jammu and Kashmir :
President's Rule under article 356 of the Constitution
of India was ended in the state of Jammu & Kashmir
on the night of 30 October 2019.
The two union territories came into existence on 31
October 2019, which was celebrated as National Unity
Day.
 President's Rule is not applicable to and is not needed
in a union territory as the union territory anyway is
controlled by the central government.
 The President issued an order stating that he will rule
the union territory of J& K directly until the legislative
assembly is constituted in the union territory.
Thank You