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Understanding Articles 370, 35A
Why in news?
- A recent central ordinance, which extends reservation to SCs and STs in J&K, throws the spotlight on Article 35A, as well as Article 370 from which it derives.
More in news
What is Article 370?
- Included in the Constitution on October 17, 1949.
- Article 370 exempts J&K from the Indian Constitution (except Article 1 and Article 370 itself).
- It permits the state to draft its own Constitution.
- It restricts Parliament’s legislative powers in respect of J&K.
- For extending a central law on subjects included in the Instrument of Accession (IoA), consultation with the state government is needed.
- But for extending it to other matters, concurrence of the state government is mandatory.
What is Article 35A?
- Article 35A stems from Article 370 introduced through a Presidential Order in 1954.
- Article 35A is unique in the sense that it does not appear in the main body of the Constitution.
- Article 35 is immediately followed by Article 36, but comes up in Appendix I.
- Article 35A empowers the J&K legislature to define the state’s permanent residents and their special rights and privileges.
Source
Indian Express.