Home Minister Amit Shah moved a proposal to revoke Article 370 in Jammu and Kashmir in the parliament thereby paving the way for its full integration into India. Addressing the Rajya Sabha on Monday, he announced Modi government's decision to repeal Article 370 of the Constitution which grants special status to Jammu and Kashmir and bars people from rest of the country from buying the land within the premises of the state.
The government has also decided to bifurcate the state into two Union territories – Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a legislature.
The announcement brought in massive repercussions from the opposition. Kamal Haasan led Makkal Needhi Maiam recently criticized the decision of the current government saying that it is a clear assault on democracy.
In an official statement released recently, the party president said, "The way in which article 370 and 35 A were scrapped is a clear assault on democracy. Notwithstanding the ruling party's majority, it's fundamental that such a major decision is taken after putting up for discussion in the Parliament,
Article 370 and Article 35 A have a genesis and any change to the same has to be in a consultative manner."
Further questioning the attitude of the government, he said, "The legality to revoke article 370 and Article 35 A should be a separate discussion. MNM questions the attitude of the government to shut opposite by force, which is nothing but a murder of democracy. It was demonetization the last term and Article 370 this term. This is extremely regressive and autocratic."
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It exempts Jammu and Kashmir from following the Indian Constitution except for Article 1 and itself. It also restricts Parliament's legislative powers in Jammu and Kashmir. It was passed in the Constituent Assembly on May 27, 1949, and is the first article of Part XXI of the Indian Constitution. The heading of this part is ‘Temporary, Transitional and Special Provisions’. Abrogating Article 370 has the effect of also doing away with Article 35A.
Incorporated in the Constitution by a 1954 Presidential order, Article 35 A defines the permanent residents of the state of Jammu and Kashmir by giving special rights and privileges to the state subjects. It stems from Article 370 that gives an autonomous right to Jammu and Kashmir. The article is also referred to as Permanent Residents Law and bars woman belonging to the state from any property rights if she marries a person from outside the state. Even the children of such women do not get the right as they do not have any succession rights over the property.