Article 370 of the Indian Constitution gives autonomous status to the state of Jammu and Kashmir. Autonomy of Jammu and Kashmir, the ‘Union List’ and the ‘Concurrent List’ were initially curtailed to the matters ceded in the Instrument of Accession, but they were later extended with the concurrence of the State Government. The ‘residual power’ continues to rest with the State rather than the Union.
In 2014, as part of BJP manifesto for the 2014 general elections, the party pledged to integrate the state of Jammu and Kashmir into the Union of India. After winning the elections, attempts were made by the party for the abrogation of Article 370.
However, in October 2015, the High Court of J&K has ruled that the Article 370 cannot be “abrogated, repealed or even amended.” On the 3rd of April 2018 the Supreme Court gave a similar opinion that the article has taken on a permanent status.
Article 35A empowers the Jammu and Kashmir state’s legislature to define “permanent resident” of the state and provide special rights and privileges to those permanent residents which are excluded for non-permanent residents.
Due to this article, only permanent residents of the state can own property,
Get government jobs and avail government aid and funds.
This means he non-resident Indian citizens cannot have the rights and privileges, same as permanent residents of Jammu and Kashmir. This is a violation of Article 14, Equality before the law.
In the manifesto released this morning, the BJP maintained its stand on
abrogating Article 370 and 35 A of the Constitution, which gives Jammu and Kashmir it’s special status. The party also said that it remains committed to ensuring that Kashmiri pandits return to the Kashmir Valley.
Reacting to the BJP’s commitment to abrogate Articles 370 and 35A of the Constitution, National Conference President Farooq said that the move would pave the way for ‘Azadi’ for Kashmir. .