Article 370

When India and Pakistan were granted freedom, Jammu and Kashmir decided to remain as an independent state. After almost 2 months, Pakistan decided to invade Jammu and Kashmir, so Pakistan mobilised its forces to capture Kashmir with the help of a local rebel group. Raja Harihar Singh asked India for assistance and signed the treaty of ascension and it was only then that Indian troops were deployed and managed to repeal back the Pakistani forces to the this day, LOC. A conflict arose over the fact that to whom does Jammu and Kashmir belong, this conflict was taken to the UN in 1949 and the zone had to be demilitarized due to an unbiased conflict. In October 1979, India adopted article 370 which granted autonomous powers for Jammu and Kashmir to decide their own constitution. It was supposed to be a temporary provision. It was for the constituent assembly to decide till what extent Indian jurisdiction would apply in the state. As is evident, it looks more like a political favour to the people of Kashmir that India is providing them with special privileges. They care for them basically as a political agenda and for the government, the fact that this agenda looked fair, this was propagated saying that the special status was only given, as we accept that the area is disputed and we will accept the UN decision. What may have sounded right at that time,is costing lives of military personnel as well as civilians today.

Provisions in 370
As explained earlier, the legislative assembly needs to pass parliamentary laws to be implemented, the central government can govern only in three matters that are external affairs, defence and communication these were the only three in the union list that were passed by the constituent assembly to be controlled by the central government. The article mentions union and concurrent lists as the lists which are the legislative sections divided between the central and state governments. There are 3 kinds of list - state, union and concurrent union list has sections that the central government has authority on while concurrent is for both state and centre, but the decision of the centre prevails. The items of marriage and divorce, infants and minors, transfer of property other than agricultural land, contracts and torts, bankruptcy, trusts, courts, family planning and charities have been omitted, i.e., the State has exclusive right to legislate on those matters. But in case of authority of the high court and supreme court the supreme court has a higher authority but generally avoids those matters to avoid a clash of verdicts to become a political agenda. The central government can't declare an emergency in the state due to an internal rebellion without consulting the state government and by this fact, you might have understood why the central government doesn't just implement emergency during the ongoing unrest and take power.Only in case of external aggression can this be allowed.

ARTICLE 35A
It is a first amendment in our constitution that didn't come from the legislation but by an executive order by the,then president Dr Rajendra Prasad and what this article says that the legislative assembly of the Jammu and Kashmir can decide the rights and privileges of its permanent residents. This means that a person with a domicile decides that state has different set of rights even the fundamental rights like the freedom of speech and expression are highly modified there for example an Indian citizen can settle in any part of the country this is our fundamental right with the exception of Jammu and Kashmir. After all this there must be a question why not just remove this article. Well there have been people who tried but this happens.

People went protesting against the removal of article 35A, people in Kashmir themselves wanted equality in every part but when it comes to taking away their special status it is people shutting down roads blocking railways and more, article 35A vests a lot of power in the hands of the legislative assembly but the political parties sitting there don't want this power to be taken away which results in a deadlock between the central and the state governments.

The whole situation is in dire needs of a look into. The government of India has to act in association with the state government of Kashmir in order to come to a productive decision at the end of the day.