Bharatiya Janata Party Member of Parliament Subramanian Swamy felt vindicated that his views about there being no need for a Constitutional Amendment to abolish Article 370 proved to be right. The BJP leader wrote Article 370 ‘died today’ and ‘collaterally Article 35 A’, following Home Minister Amit Shah proposing the same in Parliament, along with the government's decision to bifurcate Jammu and Kashmir into two union territories - J&K and Ladakh.
Moments after the proposal to revoke Article 370 led to a huge uproar in the Rajya Sabha, Subramanian Swamy tweeted, “So I am proved right. To abolish Art 370 we do not need a Constitutional Amendment. Amit Shah has however informed Parliament by way of a Resolution what President today has already notified. Art 370 died today. Collaterally so Art 35 A.” (sic)
In August last year, Swamy had said that Article 370 is a temporary provision that can be removed without a vote in the Parliament. His comments were in response to National Conference leader Farooq Abdullah’s statement that the special status to Jammu and Kashmir should be maintained.
Home Minister Amit Shah on Monday proposed in the Parliament that Article 370 be revoked. He also brought about four proposals about Kashmir.
Article 370 is an article in the Indian Constitution that gave Jammu and Kashmir special status. Except for Article 1, Article 370 exempts J&K from following the Indian Constitution and also limits the legislative powers of the Parliament in J&K. It was in force since May 27, 1949 when it was passed in the Constituent Assembly. Article 370 is the first article of Part XXI under the heading, ‘Temporary, Transitional and Special Provisions’.
Article 35A gives the Jammu and Kashmir government the right to decide on who is a permanent resident of the region. A Presidential order in 1954 had incorporated it in the Indian Constitution. This article defines the special rights and privileges of the state subjects. Article 35 A is also known as the Permanent Residents Law and states that women belonging to J&K will lose the property rights if she gets married to a man from outside Jammu and Kashmir. Even the children of these women won’t be able to claim the right.