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Rewriting History: Article 370 Abrogation Anniversary – What Were Articles 370 and 35A? J-K’s Special Status Demystified

Introduction

It’s that time of year again when political chatter, emotional recollections, and heated debates resurface across India. The Article 370 abrogation anniversary isn’t just another date on the calendar—it’s a turning point etched into the very fabric of India’s recent history. But for many, the big question remains: What was Article 370 and 35A? What did Jammu and Kashmir’s erstwhile special status actually entail?

In this article, we’re pulling back the curtain on this constitutional saga. Expect clarity, a sprinkle of political drama, and a comprehensive walkthrough of what led to the landmark decision on August 5, 2019, when the Indian government made a bold move to strip Jammu & Kashmir of its long-held special status.

So, grab a cup of chai or coffee—this one’s going to be a deep dive into India’s constitutional and geopolitical history!


What Was Article 370? A Glimpse Into History

The Origins of Article 370

Let’s rewind to 1947—a year of chaos, partition, and princely decisions. When India gained independence, princely states were given a choice: join India, join Pakistan, or stay independent. Maharaja Hari Singh, the ruler of Jammu & Kashmir, chose to delay the decision, hoping to remain independent.

However, after tribal invaders from Pakistan infiltrated Kashmir, the Maharaja signed the Instrument of Accession with India in exchange for military help. But here’s the twist—Article 370 was crafted to ensure that Jammu and Kashmir had autonomy within India.

Key Provisions of Article 370

Here’s what it originally meant:

  • J&K had its own Constitution.
  • The state had its own flag.
  • Indian Parliament could legislate on limited subjects (Defense, Foreign Affairs, and Communications) unless J&K gave its consent.
  • Residents of J&K were under a separate set of laws regarding ownership of property, fundamental rights, and citizenship.

So yes, it wasn’t just symbolic—it was a powerful piece of legislation that truly gave the state a unique identity.


What Was Article 35A? The Undercover Clause

35A—The Unsung Sibling of Article 370

While Article 370 got all the limelight, Article 35A was silently doing the heavy lifting when it came to defining who was a “permanent resident” of Jammu & Kashmir.

What Did Article 35A Do?

  • It allowed J&K to define permanent residents.
  • Only these residents could own property in the state.
  • They were the only ones eligible for government jobs and scholarships.
  • Outsiders, even Indian citizens, couldn’t buy land or settle permanently in J&K.

And here’s the kicker—it was never debated in Parliament. It was inserted into the Constitution through a Presidential Order in 1954.


Article 370 Abrogation Anniversary: What Happened on August 5, 2019?

The Day That Changed Everything

On August 5, 2019, the Indian government, led by Prime Minister Narendra Modi and Home Minister Amit Shah, made an earth-shattering announcement: Article 370 was effectively nullified, and J&K would no longer enjoy its special status.

But it didn’t stop there. The state was bifurcated into:

  1. Union Territory of Jammu and Kashmir
  2. Union Territory of Ladakh

Boom. Just like that, the entire constitutional framework was dismantled overnight.


The Mechanics of the Move: How Did They Do It?

Presidential Order + Parliament = Game Over

To abrogate Article 370, the government:

  1. Issued a Presidential Order applying all provisions of the Indian Constitution to J&K.
  2. Used Article 370(3) (which ironically allowed the President to declare the article inoperative with the consent of J&K’s Constituent Assembly—which no longer existed).
  3. Passed a resolution in both houses of Parliament approving the move.

Legal experts called it ingenious, controversial, and in some cases, unconstitutional. But it was done—and it stood.


What Changed After the Abrogation?

End of Special Rights

Here’s a quick list of what changed:

  • No separate Constitution or flag for J&K.
  • Indian laws apply uniformly across the Union Territory.
  • Property rights opened to all Indian citizens.
  • Reservation laws, minority benefits, and central schemes began rolling out in the region.

For supporters, it meant true integration of J&K with India. For critics, it was a breach of trust.


Political and Social Reactions

National Sentiments

  • Many Indians celebrated the move as the fulfillment of a long-standing ideological goal.
  • Several BJP leaders called it historic, comparing it to the fall of the Berlin Wall.

Kashmiri Voices

  • Internet shutdowns, curfews, and house arrests followed.
  • Several leaders, including Mehbooba Mufti and Farooq Abdullah, were detained.
  • There were concerns about democratic processes, freedom of speech, and human rights.

International Response

The world watched closely, but cautiously.

  • Pakistan strongly condemned the move and downgraded diplomatic ties.
  • China voiced concern, especially about Ladakh.
  • The UN urged restraint and peaceful resolution.

Most global powers, however, viewed it as an internal matter of India.


Article 370 Abrogation Anniversary: Looking Back with 20/20 Vision

Five Years Later, What’s the Ground Reality?

  • Development Projects have picked up pace.
  • Tourism in Kashmir is booming.
  • Violence has reportedly declined, but concerns remain.
  • Political vacuum still exists—J&K hasn’t seen an elected government since 2018.

Frequently Asked Questions (FAQs)

Q1: Is Article 370 completely removed?

Yes. It has been rendered inoperative through a Presidential Order, and all Indian laws now apply to J&K.

Q2: Can anyone buy land in J&K now?

Yes. Indian citizens from any state can now purchase property in Jammu & Kashmir.

Q3: What about 35A—was it also removed?

Absolutely. Since it derived its power from Article 370, it was scrapped automatically when Article 370 was abrogated.

Q4: Was the move legally challenged?

Yes. Several petitions were filed in the Supreme Court, and as of this article’s writing, some judgments and hearings have taken place, but it’s still a subject of legal debate.

Q5: What’s the current status of J&K’s statehood?

Jammu & Kashmir remains a Union Territory, but the central government has promised to restore statehood at an appropriate time.


Key Takeaways: In a Nutshell

  • Article 370 gave J&K special autonomy.
  • Article 35A empowered J&K to define permanent residents and restrict others.
  • On August 5, 2019, both were abrogated.
  • J&K was reorganized into two Union Territories.
  • It marked a historic and controversial shift in India’s constitutional narrative.

Conclusion

The Article 370 abrogation anniversary: What was Article 370 and 35A? J-K’s erstwhile special status explained is not just about remembering a political decision—it’s about revisiting the soul of Indian federalism, the complexity of regional identities, and the nation’s effort to walk a fine line between unity and diversity.

While opinions remain divided and emotions still run high, one thing is certain: August 5 will always echo in India’s democratic corridors as a date of reckoning, reflection, and remembrance.

As the region marches ahead, the rest of the country watches keenly—hoping for peace, stability, and prosperity in the once-turbulent valleys of the north.

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