What is Article 370 and 35 A in Indian Constitution?
If any Government wants to remove Article 370 and 35A then what are the challenges they face?
We will discuss this in short because I don’t want your much time to read one article.
There are some legal ways to remove Article 370.
First of all Govt. want to pass this bill in Loksabha or Rajyasabha. If they introduce this bill in Loksabaha first then they need 2/3 majority to pass the bill. It means 363 out of 545.
Then this bill will go to Rajyasabha and it will have to pass in Rajyasabha just like in Loksabha with 2/3 majority. It means 163 out of 245.
Then President signature on it.
And removed Article 370.
Do you think this is very easy but this is very complicated.
President recommends removing it to Jammu and Kashmir Assembly.
Then the Assembly of Jammu and Kashmir passed with 2/3 majority. It means 44 out of 87 seats.
This method is very very complicated. Because there is a problem in that the Assembly, which has its own constitution will not allow it to pass. This is also a rigid process. Jammu & Kashmir have it’s own constitution.
What is 35A?
first you want to know Article 35A is in Indian constitution not in Jammu and Kashmir’s constitution. J & K have it’s own Constitution. Article 35A gives immunity to Kashmir the freedom to give permanent citizenship. The people from other parts of India are prevented from taking property and many other things.
If the Article 370 is to be removed then Article 35A must be removed first from Indian constitution.Article 35A can also be passed by the President ordinance. This is not a rigid process like Article 370.