J&K's Article 370 To Go, Soli Sorabjee Says 'nothing Revolutionary, It's A Political Decision, Not A Wise One'

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Home Minister Amit Shah on Monday proposed a bill in the Rajya Sabha to revoke Article 370 which in the guise of giving Jammu and Kashmir special status had the effect of differentiating it from the rest of the country in numerous ways, paving the way for its complete integration with India

Written By Diyali Banerjee | Mumbai | Updated On:

Home Minister Amit Shah on Monday proposed a bill in the Rajya Sabha to revoke Article 370 which in the guise of giving Jammu and Kashmir special status had the effect of differentiating it from the rest of the country in numerous ways, paving the way for its complete integration with India. In addition, Jammu and Kashmir were bifurcated into two Union Territories - J&K and Ladakh - with the former having a legislature and the latter now. In making the move, the BJP, among other things, also worked towards fulfilling a promise made its 2019 election manifesto. 

Following the same, former Attorney General Soli Sorabjee expressed his views on the Bill moved in Rajya Sabha. Talking about the decision of the current government to revoke Article 370, he said, "Article 35 A was not a part of the constitution. It was inserted by presidential order. This means that the laws of India which were not applicable to Jammu and Kashmir will now apply. For that, you require parliamentary approval."

"I don't think there is anything revolutionary here. It's a political decision even though it is not a wise decision," he said.

READ | J&K's Article 370 To Go, PDP MP Mir Mohammad Fayaz Tears Copy Of Constitution & His Own Kurta, Gets Ordered Out

What is Article 370?

​​​​​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.’ Scrapping Article 370 also has the effect of doing away with Article 35A. 

What is Article 35 A?

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.

READ | J&K: Article 370 To Be Revoked, Raveena Tandon & Paresh Rawal Hail Modi Govt's Historic Integration Move

 

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