In this article I will deal about the how the expulsion of article 370 and 35A of the
constitution it make the integration of jammu and Kashmir with India.
Further it I will deal about the historic backgrounds of jammu and Kashmir when B.R
Ambedkar establish article 370 and 35A, and after establishing this we can say that jammu
and Kashmir made as a different country which is a part of a India , because due to the
establishing of these two article it make different constitution , and different flag of jammu
and Kashmir. And we also come in touch of that type news like in jammu and kashmir
“DANGA” like situation always rises day by day, internal aggregation always lies on, and
most important what are the brutalaity Kashmiri Pandit faces on the land of Jammu and
kashmir and after that I will deal about how about integration of jammu and Kashmir with
india by removal of article 370 and 35A. and what are the needs to eradict article 370 and
KEY WORDS;- article 370, 35A , 370(3), 370(1)
If we see the political map of India, we find that India is a nation and jammu and Kashmir is
a part of india . but why instead of this flag of jammu and Kashmir , constitution of jammu
and Kashmir , rule and regulation of jammu and Kashmir is different from india. This is due
to the golden and priceless word of B.R Ambedkar who is father of constitution and most
important first union law minister of india. Who was shocked to all Indian by saying the
words that no Indian would be allowed to settle in jammu and kashmir , not to sell and buy
any property there , not allowed to apply for any jobs there, and even not to conduct any
business there and most important B.R Ambedkar opposed to granting special status of
jammu and Kashmir. Being a part of india I just think nothing on earth can be more
disgrateful to this words.
By the establishment of article 370 in jammu and Kashmir, we can see that its effect on
Jammu and Kashmir , that Jammu and kashmir have its own constitution, own flag and his
own laws. It is like a” one soul but two body” I am saying this words because we know that
Jammu and Kashmir is not a different thing from India, it is a part of india. So why our
constitution father make this big fault. In other hand if we discussed about the article 35A it
tell about the if a women of Jammu and kashmir married with men from India her all legal
right is loses its means she have no right after that act. But if she married with a Pakistan men
then she would not loses her right and Pakistani men would gain all right including the
citizen. I just think this is more disloyality happen with people of India , and how can a
Pakistani be given a preference in Jammu and kashmir and not to Indian ?
In the era of 18 th and 19 th century our people fight for freedom, they fight for unity,
integration and brotherhood. But really is it happened ? answer is NO because due to article
370 it really divide the organ of india . due to this instead of one nation there is two
constitution, two flag colour. And due to this disintegrate unity, harmony and integration of
India is totally threat.
Now if I talk about the what are the problem faces by the people of jammu and Kashmir
specially the Kashmiri Pandit. We know that jammu and Kashmir is known for its peace ,
wonderfulness. But due to some people it was destroy. Day by day external pressure lies on
jammu and Kashmir and we called as jammu and Kashmir come in hand of “UGARWAADI”
the attacker of Pakistan come on the land of jammu and kasmir and by his speech he did a
aggressive speech and their intension is only that violence and domain. Many of time school
and college were shut down, communication network were cut down only motive behind this
to spread their rule and their domain. And most important what was happened with Kashmiri
pandit on his own land it really a heartbreaking. In the place of jammu and kashmir cruelty,
harassment lies on women. And its really the pure soil of jammu goes to soil of hell. In the
period of 1947 divide India Pakistan as well as India and jammu and Kashmir.
As we know that jammu and kashmir is a part of india so matter of their integration rises
many times in parliament but it is only going as a long lasting debate but nothing held on
favour of this. But is will not going to be continued. It is after the long and gruelling debate
the results will come in after 72 years of independence that jammu and kashm integrate now
stand completely integrate with india. Article 370 and 35A were nothing . and due to this
expulsion jammu and Kashmir bi-furcate into two union territories.
If we checked the background of this eradiction there has been step taken to revoke special
status of jammu and Kashmir here this is reference to the article 370. Article 370 stated
earlier that this article can be repealed under article 370(3) but onlu after getting the
recommendation of constituent assembly of jammu and Kashmir, however the constituent
assembly dissolve on 25 january 1975 without the recommending the abrogation of article.
In case of SBI v/s Santosh gupta it is held that it is a temprorary provision. On august 5 2019
president of india issue the constitution (application to jammu and Kashmir) pursuant article
370(1) of constitution of india Gautam Bhatia who is constitutional lawyer states that “
constitute the basis foe everything” that follow the order and stipulate the concurrence of
government of state of jammu and Kashmir that all the provision of constitution shall amend
time to time and it apply in all state as well as state of jammu and Kashmir.
On the same day , india upper house of parliament passed a statutory resolution
recommending that president of india abrogate most of article 370 persuant to article 370(3)
after next day president implement the resolution and revoke the special status of jammu and
Kashmir by his presidential order and it stated that all clause of article 370 shall cease to be
operative and all provision of constitution shall amend time to time and it shall apply on state
of jammu and Kashmir.and during the same period parliament of india also passed jammu
and Kashmir reorganization act 2019, and it passes by the both the houses of parliament.
WHY THIS ERADICTION NEEDED ?
This is because as a historic background we read the actual condition of jammu and Kashmir
so for the growth and development of jammu and Kashmir it is to be needed. And there is
also need to people of jammu and Kashmir gain the right and proviledge or facilities as per
with the rest of country people enjoy.
IS INTEGRATION OF JAMMU AND KASHMIR WITH INDIA IS NOW
FULL AND FINAL ?
YES… now we can say that integration of jammu and Kashmir with india is now full and
final because after the abrogation of article 370 and 35A from jammu and Kashmir all
kasmirian are now free to purchase land from any part of india , kasmiri women now marry
any part of india, thousand of people go for tourist point of view, and people of jammu and
kasmir bind with one law which is called Indian laws, they have right to access “Right To
Information” amd take education and job for any part of india.
After this we can conclude that after long and lasting arguement we can say that india take
their actual bread and we called now our india is integrate , unite with their respective part.
And now all people are free to move any part of india they can access all information. Now
no pressure lies on kasmirian women that she would marriage in Pakistan instead od Indian
men. Now all right have been safe. And all people have enjoy their liberty.
2 The federal.com.
AUTHOR :- PRIYA
clg name: banasthali vidyapith