As Home Minister Amit Shah proposed revocation of Article 370 in the Rajya Sabha on Monday, former solicitor general Harish Salve explained how the entire Constitution applies to the the state of Jammu and Kashmir.
"Article 370 is not bewing modified. Article 370 provides that by presidential order we may extend such provisions from time to time as you consider necessary. Under this a presidential order was passed in 1954 which extended certain provision of the constitution but which also added Article 35 A. As you know, 35 A was challenged in Supreme Court. They said yes it creates discrimation, but they said it was a political discussion and they upheld it. Now presidential order 1954 has been superceded exercising the power under Article 370 and a new order has come where the entire Constitution has now been applied to Jammu and Kashmir and now that it has been applied, Article 2 and Article 3 will apply that is there can be reorganistaion. The reorganisation have to be done by Parliament and Parliament will look at it twice. The Jand K assembly is dissolved and Parliament is discharging the work of the Parliament, they will first as J&K assembly consider to recommend and if recommended Parliament will again consider it as recommended, the bill will become an act and then there will be reorganistaion," the advocate who represented Kulbhushan Jadhav at ICJ said.
He then explained that Article 35 A prevented the acquisition of land, but there are local laws as well. He then added that though he is not an expert on Kashmir jurisprudence, but there are local laws that prevents outsiders from buying lands. He added that to enable the buying of laws either those laws will have to be repealed, or they ahve to be challenged under violation of Article 19-1 (C) that allows right to move freely and live anywhere in the country.
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 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.
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’.
In a joint press brief by Chinar Corps Commander Lt General KJS Dhillon and J&K DGP Dilbag Singh in Srinagar on Friday revealed that they had intelligence inputs that there were attempts of attacks on Amarnath Yatra by Pakistan and that they had recovered IEDs and US made Sniper rifle in the route of the Amarnath Yatra. Following the revelation, JK administration issues advisory to tourists and yatris and asks them to cut short their visit in view of 'safety and security of the yatris' and leave state of Jammu & Kashmir in view of terror threats after army's press conference. The Centre had in last two weeks deployed 38,000 paramilitary troops in the Kashmir valley. Sources said that it was placed in order to strengthen counter-insurgency operations and law and order in the state.