Article 370 & Jammu and Kashmir | Article 35 A | Current Affair 2019

In today’s video we will learn about the history and geography of the Article 35 A and Article 370 How and why were these articles were made what was the main objective behind this what was problem that people were facing by this and why and how it is getting removed now And very important thing is what will be the impact after both the articles are removed Hey everybody this is Priya and you are wathcing finology legal in todays video we will learn whole about this in a very easy and understanding way firstly for a clartiy we will discuss a timeline in which we will discuss about the whole events happened after the implementation of 35 A and article 370 till august 2019 when it is removed, we will learn all about that important facts by the help of this you will be selfly able to draw a picutre of this event in your mind that why it is discussed so widely and why a lot of debate is going around this articles our timelines first and very important date is 26 october 1947 on this day only the instrument of accession was signed between the government of India and Raja Hari Singh from that day onwards Jammu and Kashmir became the part of India the next important date is 1949 in 1949 the constitution of India was not yet completed it was still in the process of writing, on 17 october 1949 article 370 was incorporated in the constitution of India after that comes 26 January 1950, our republic day from this day only our constitution was started applicable now we will look the two important articles of 1950 constitution of the topic related to Jammu and kashmir first is “Article 1” which declares Jammu and Kashmir as a state of India and second is “Article 370” which states about the temporary status of Jammu and Kasmir see what ever changes made in 35 A and 370 is done through specific presidential orders similarly on 14 may 1954 a specific order was passed by Dr. Rajendra Prasad which name was ‘The constituiton application to jammu and kashmir’ order 1954 from this presidential order in 1954 Article 35 A was included in our constitution this is the article which prohibits other Indian citizens and tells that who can be a permanent resident in Jammu and kashmir here i want to tell that, generally when you see the constitution of India you will not get 35 A there but when will you see constitution of Jammu and Kashmir you will definetly get 35 A there the next is 17 november 1956, on this day constitution of Jammu and kashmir was started to be applicable here we see that the constitution of Jammu and Kashmir also declares that it is the integral part of India from 1947 to 1990 many changes took place in jammu and kashmir looking at the situation of that time Armed Forces Special Powers Act was imposed in Jammu and Kashmir in 1990 after that we come to 2015, where Bhartiya Janta Party along with peoples democratic party formulated a government together after that in 2016, Mehbuba mufti was made chief minister of Jammu and kashmir after that we come to 2018 where BJP breaks their alliance with PDP now according to the constitution of Jammu and kashmir article 92 says that if states constitution machinery is not running properly, then governer rules takes over from there so from 2018 governer rules starts in Jammu and kashmir and from december 2018, president rule imposed in Jammu and Kashmir after that in may 2019 BJP wins in parlimentary elections and the election manifesto of BJP cleary states about the removation of 35A and article 370 from Jammu and Kashmir so this was the timeline between 1947 to may 2019 so from this timeline hope you have got a general idea about what has happened in kashmir between the years so now we will acutally look that what is 35A and article 370 because article 370 came first , we will dissucss about it firstly see why was article 370 brought because in 1947 we have signed instrument of accession and said that we will make a special provision for Jammu and Kashmir for fullfilling that statement, we included article 370 so from the date our constitution was made since then article 370 is part of our constituiton so what article 370 does? It provides a special status to Jammu and Kashmir It says that the other laws of India are not applicable in Jammu and kashmir and special laws will be made for Jammu and Kashmir specially but article 370 also says that it is a temporary provision yes, the text of article 370 says that the special status of Jammu and Kashmir is only a temporary provision after that in article 370 the removal of this article is also stated in removal procedure it is stated that, whenever if a president wants, he can issue a public order or a public notification, and can say that from today onwards article 370 is not applicable but before issuing this order, he has to take permission from the constituent assembley of Jammu and kashmir Now if the procedure of removal of article 370 was given in that article then why he has not removed that article yet? Because the constituent assembly which was discussed for the permission, that assembly was already got dissolved since 1957 look legislative assembly and constitutional assembly are two different things in article 370 the matter was to be discussed with constituent assembly which was not in the existence, so because of this dead lock the whole problem was coming in removal of 370 next is article 35 A so in article 370 for the special status for Jammu and Kashmir for fulfilling that statement in 1954 Dr Rajendra prasad issued a presidential order and from there onwards article 35 A came in to existence so by which the other states were seperated from Jammu and kashmir by article 370 like that only 35 A created a discrimination among the people living in Jammu and kashmir let us see how? firstly 35 A says that all that laws which other states of our country follows will not be applicable in Jammu and kashmir president along with state assembly will decide that which are the laws that will be applicale in J&k. secondly 35 A is that provision by which it is decided that who is the permanent resident of that state and who are not so now what are the terms of permanent resident ? see, the people who are considered as permanent resident of jammu and kashmir they have special rights and given many priviledges and those who are not permanent resident of there has to face many limitations over there so how it is decided that who is permanent and who is not? It is decided through 35 A and the constitution of Jammu and Kashmir It tells that the people who are state subject of that state from 14 may 1954 or the people who are living there since 10 years or more or the people who had lawfully aquired an immovable property there. only this pepole will be considerd as permanent resident and others will not so now you will think that what matters if any one is permanent resident or not But it matters a lot for stating the importance of this if I give you an example then you will come to know that the basic right of right to vote has not been avialable for the non permanent residents over there and many more objections are there which was in 35 A this provision is very discriminating for womens this provision and constitution of Jammu and Kashmir states that if any kashmiri women marries an outsider or a Non kashmiri then she will not be able to use property rights of her any more but in 2002 according to the statement of Supereme court it is stated that the property rights of kashmiri women will be as it is but she will not be able to transfer it to her kids another objection about this article is that it act as a speed breaker for the development over there because any govermnet jobs over there and higher education or any land, these facilities were for the people who are permanent resident over there and non permanent resident and other people from other states can not avail those facilities over there so after all these provisions why any qualified doctor or any researcher and teacher or any specialist why they would prefer to go there when they know that they have to face many limitations and problems one more important objection is that because of this provision the people who are minority and dalit they face a lot of discrimination problems because of this provision only we can cleary see that between the integration of Jammu and kashmir and other states of India the hurdles which are coming across are because of these provisions only so now you know what were the problems people facing because of the article 35A and article 370 now we will know that what our pariliament did for the solution of this issue so now please understand carefully what i am going to tell you about this ok if you will not get it once, then please rewind it and listen it again ok As I said before that in 1954 president Dr Rajendra had issued a presedential order which name was “The Constitution (Application to J&K) order 1954” from this order only article 35A and Constitution of J&k came in to existence On 5 August 2019 President Ram Nath Kovind used his power on the clause 1 of article 370 issued another presidential order on this The name of this presidential order was “The Constitution (Application to J&k) order 2019” so now what this order says that, firstly the presidential order of 2019 will overwrite or replace the order of 1954 with the immediate effect so the presidential order of 2019 replaced the order of 1954 so the moment since it replaced the order of 1954 the existence of that order came to an end and along with that article 35A and the constitution of Jammu and kashmir was finished, it seized to exist when the presidential order of 2019 was released, soon after that home minister Amit shah proposed two resolution firstly he said that because of article 370 discrimination issue is going all around that’s why we should bring such changes in article 370 that it would get inoperative article 370 shall not be able to applicable and secondly he proposed, Jammu and Kashmir reorganization bill while proposing these resolutions the home minister said that because of Article 370 democracy is not coming to full existence in Jammu and kashmir and states development is with held, for an example he said that aayushman bharat scheme is applicable over there but why would any qualified doctor will wish to go there he already knows that if he goes there many limitations will be imposed over him so now we will see what happened with that two resolutions Here we will see what happened with the first resolution of the Article 370 as see we discussed earlier that why we were not able to remove article 370 because in article 370 it was written that, if you have to remove this first you have to take permission from the constituent assembly and constituent assembly was not there so it was a dead lock for them but the presidiential order of 2019 finished that dead lock the new presidential order added clause ( 4 ) in article 367 therefore 4 changes were made in this , i will tell you the major change related to the article 370 what it article 367? It is the interpretation clause of the article 370 article 367 says that the word constituent assembly used in article 370 from now onwards it will be known as legislative assembly so the dead lock of constituent assembly
was finished by this after that we come to 2nd resolution, Jammu and kashmir reorganization bill’s section 3 says that a new Union territory will be made which will comprise the region of Ladakh (kargil+Leh) and section 4 of this says that a new union territory named Jammu and Kashmir will be made and it is also mentioned that ladakh’s territory will be without legislature body and kashmir’s will be with legislature so now quickly we will see that what will be impact after the removal of 35A and changes in article 370 in place of dual citizenship there will be single citizenship now, special status and powers are removed no separate flag will be there only tri-colour flag will be there instead of separate constitution, constitution of India will be applicable since now womens facing discrimination of property, will now be able to transfer their properties to their child as well the prohibition against minorities and other classes over there has also been removed the barrier for our whole country’s unity, integrity and democracy was because of these two articles only and these two article was is the existence since last 70 years in this year that is in 2019 parliament was very focused towards the solution of this issue neither i am getting optimist nor pessimist, i am only getting hopeful that what ever laws parliament is implementing and any solutions, at the end of the day the people who had gone through a lot over there should get benefit of this what is happening in the ground reality is there really any improvement or not we will come to know about in upcoming years only I hope you have liked my today’s video, please subscribe my channel also you can help me share this information by sharing my video. That’s it for now see you in the next class. By By!

100 thoughts on “Article 370 & Jammu and Kashmir | Article 35 A | Current Affair 2019”

  1. Hello mam, hope you are good ! Just saw a bandaid on your arm please do take care and keep teaching us complex and interesting things in a super simple and finology legal way ! 🙏

  2. maam but JK me legislative assembly bhi to nahi thi then president ne kiski consent se isko hataya. maam ak video is baat par bhi banaiye ki ye constitutional hai to kaise aur agar unconstitutional hoga to kaise. supreme court kis tarah se is matter me apna role play kar sakta hai.

  3. Mam ek baat bataiye agar trade mark maine nahi liya but kisi aur person mere product name ka trade mark le liye to mujhe refuse karna hoga apna name

  4. भारत में सिर्फ़ जम्मू-कश्मीर इकलौता प्रदेश नहीं है जहां बाहर के लोग ज़मीन ख़रीदकर बस नहीं सकते या फिर ज़मीन ख़रीदकर उद्योग नहीं लगा सकते.

    अनुच्छेद 370 की वजह से जम्मू-कश्मीर में प्रदेश के 'स्थायी नागरिकों' के अलावा किसी के बसने का प्रावधान नहीं है.

    इतना ही नहीं, अगर कोई कश्मीरी लड़की किसी बाहरी से विवाह कर ले तो उसका अपने पिता या पूर्वजों की संपत्ति पर कोई अधिकार नहीं रहता.
    लेकिन ऐसा नहीं है कि विशेष अधिकार सिर्फ़ जम्मू और कश्मीर के लोगों तक ही सीमित रहा है. 'सात बहनों' के रूप में जाने जाने वाले पूर्वोत्तर राज्यों को भी इस तरह का दर्जा मिला हुआ है जहां बाहर के लोग ना ज़मीन ख़रीद सकते हैं और ना ज़मीन ख़रीदकर उद्योग लगा सकते हैं.
    असम के अलावा सिक्किम, त्रिपुरा, मणिपुर, अरुणाचल प्रदेश, नागालैंड और मेघालय के अलावा त्रिपुरा में भी कई इलाक़े हैं जहां इसी तरह के संवैधानिक प्रावधान किये गए हैं ताकि स्थानीय लोगों की आबादी बाहरी लोगों के आने से कम ना हो जाए.

  5. संसद में बिल पास,
    नागालैंड को अलग झंडा, अलग संविधान, अलग नोट,अलग पासपोर्ट।
    लेकिन कोई नही दिखा रहा इतनी बढ़ी ख़बर।

  6. Mam hello i'm jay from vishesh gyan are you interested to collab with my channel.i'm invited you to Share your knowledge with my viewers

  7. Madam
    I think you missed one thing that 370 also talked about that it can only be removed only on the resolution passed by the state assembly.
    Main question here is that can Governor can recommend the removal of 370 behalf of suspended assembly.
    Please clarify

  8. Mam you're superb 👍your teaching style & method of describing &everything was awesome. …..if you're agrigrate to me ….👍👍here ….tq

  9. I have understood everything clearly about article 370 and article 35A thanks ma'am. The way you teach is just awesome.keep it up. I think no one can teach better than u.

  10. Being Indian , working in other country. By your videos I learnt so many things.
    Thank you for posting ♥️
    Keep doing.

  11. Mam, Although I got much of the knowledge related to 370, 367 and 35A after reading 6th August the Hindu, but you gave the final touch by explaining it very well. I also hope for good future for अखंडभारत🇮🇳 Jai Hind….

  12. If CrPC is not extend in Jammu Kashmir then how did section 144 of CrPC persist in that state?
    I know that this question have no relivance after the removal of articles 370 and 35A but still i want to seek answer.

  13. the way of your teaching make me a fan of you…you are a great teacher.
    Pls make a video on acts of british india.

  14. mam removal of loksabah , rajsabha speaker , president , high court suprim court judge, upsc chiar man etc ….
    is par jaldi video banao na mam!! bahut confusion hota he please 🙏

  15. Very well explained. Excellent Enthusiasm in explaining. I have watched your videos on Kashmir & 370 posted in June 2019 before this recent Aug 2019 change. Clear, Crisp and Unbiased. Good Job Priya

  16. But from some particular page I got to know about the other 30 bills that have been passed along with article 370 and 35 (A) .. that prevents us from enjoying our basic rights (RTI) .. it's stated there that Kashmir is just a smoke screen but basically this is gonna effect our rights to a great extent and that the government has passed these bills without our dissent and discussions …I just want to know is this true or is it fake?

  17. I have a doubt regarding article 3
    While reorganizing any state ,centre should take consideration of that particular state.
    Then what happened in the case of J&K as there was no assembly now.




  19. राज्यपाल, उपराज्यपाल, और प्रशासक में क्या अंतर होता है?
    एक वीडियो इस टॉपिक पर बनाओ plz।

  20. unconstitutional Plan to remove both articles by Radical RSS Regime…. bcz y Radical Modi nt also removed same special status frm other states having this…

  21. Article 370 was temporary in the sense that the Constituent Assembly of Jammu and Kashmir was given the right to modify/delete/retain it. The Constituent Assembly of Kashmir decided in its wisdom to retain it.
    * In Kumari Vijayalakshmi Jha vs Union Of India (2017), Delhi High Court rejected a petition that argued that Article 370 was temporary, and that its continuation was a fraud on the Constitution.

    * In April 2018, the Supreme Court said that the word “temporary” in the headnote notwithstanding, Article 370 was not temporary.

    * In Santosh Kumar (2017), the apex court said that due to historical reasons, Jammu and Kashmir had a special status.

  22. first of all you are a wonderful teacher. let me suggest you something, make video on every bill which loksabha is passing . you'll surely divert a big UPSC crowd here. am sitting next to my UPSC friend and after watching your video, he just asked me,"bhai yeh mam saare bill cover karti hai kya?"

  23. Mam Where is negative points,
    Bjp played v big 420 game to remove 370,
    Can you make Next vedio on PROS AND CONS OF 370,
    I think you can't, because you don't want to receive complain from bhakts

  24. I have a doubt that if there was any problem related to the discrimination then it doesn't take now at the time of removal of law 370

  25. Your way of explanation seems you are just rebranding bjp's agenda. Claims like prosperity of J&K or doctors now would be able to practice are totally hollow. The law that said kashmiri women's property would not pass to their children if they marry nonkashmiris are there to stop other Indian citizens grabbing kashmiri lands, as india is a patriarchy society. I think the whole 370 article was illegal because the Hindu maharaja didn't take opinion of his people before he signed the deal. Isn't it laughable that he wanted to join a democracy without practicing it? And it makes India hypocritical.

  26. Loved 😍 your in-depth analysis 👏👏👏👏👏👏👏👏👏👏💐💐💐💐💐💐💐💐💐💐

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