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Author - Associate Zarmeen Jahan

Preceding 1947, Jammu and Kashmir was a state under the British Rule. The individuals of the states were "state subjects", not British provincial subjects. Mr.Maharaja Hari Singh (1895 -1961) was the king of Jammu and Kashmir during 1925-1961. Lord Louis Mountbatten tried to make Hari Singh understand to join either India or Pakistan in June 1947. Following the increase of Jammu and Kashmir to the Indian Union on 26 October 1947, The Maharaja surrendered command over safeguard, outside undertakings and correspondences to the Government of India. Article 370 of the Constitution of India and the accompanying Constitutional Order of 1950 formalised this relationship. Talks for advancing the connection between the State and the Union kept coming full circle in the 1952 Delhi Agreement, whereby the legislatures of the State and the Union concurred that Indian citizenship would be reached out to every one of the occupants of the state however the state would be enabled to enact over the rights and benefits of the state subjects.

Article 35A

Following the selection of the arrangements of the Delhi Agreement by the Constituent Assembly of Jammu and Kashmir, the President of India gave The Constitution (Application to Jammu and Kashmir) Order, 1954, through which Indian citizenship was stretched out to the inhabitants of the state, and at the same time the Article 35A was embedded into the Indian constitution empowering the State governing body to characterize the benefits of the changeless occupants

The Constitution (Application to Jammu and Kashmir) Order, 1954 was given by President Rajendra Prasad under Article 370, with the guidance of the Union Government headed by Jawaharlal Nehru. The state is enabled, both in the Instrument of Accession and the Article 370, to proclaim special cases to any expansion of the Indian Constitution to the state, other than in the matter of surrendered subjects.

The Jammu and Kashmir Constitution, which was embraced on November 17, 1956, characterized a Permanent Resident (PR) of the state as an individual who was a state subject on May 14, 1954, or who has been an occupant of the state for a long time, and has "legally gained unfaltering property in the state".

Article 370

Article 370 of the Indian constitution gave unique status to Jammu and Kashmir—a state in India, situated in the northern piece of the Indian subcontinent, and a portion of the more significant area of Kashmir, which has been the subject of question between India, Pakistan, and China since 1947—consulting it with the ability to have a different constitution, a state banner and independence over the inward organization of the state. The administration of India disavowed this exceptional status in August 2019 through a Presidential Order and the section of goals in Parliament.

The article was drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. The Constituent Assembly of Jammu and Kashmir, after its foundation, was enabled to suggest the articles of the Indian constitution that ought to be applied to the state or to revoke the Article 370 inside and out. After a conference with the state's Constituent Assembly, the 1954 Presidential Order was given, indicating the articles of the Indian constitution that applied to the state. Since the Constituent Assembly broke up itself without prescribing the repeal of Article 370, the article was considered to have turned into a perpetual component of the Indian Constitution.

Both the articles characterised that the Jammu and Kashmir state's inhabitants live under a different arrangement of laws, including those identified with citizenship, responsibility for, and major rights, when contrasted with the occupant of other Indian states. Because of this arrangement, Indian natives from different states couldn't buy land or property in Jammu and Kashmir

Current Status

India had scrapped a law that grants special status to Indian-administered Kashmir amid an indefinite lockdown and massive troop deployment in the disputed region. The President had signed a decree abolishing Article 370 of the constitution, stripping the significant autonomy Kashmir had enjoyed for seven decades.

The Indian government of Bharatiya Janata Party (BJP), won by an absolute majority in elections, also moved a bill proposing the Jammu and Kashmir state be divided into two "union territories" directly ruled by New Delhi. The Jammu and Kashmir union territory was included in the Hindu-majority Jammu region and will have a legislative assembly.

The Buddhist-majority Ladakh region, which has a considerable population of Shia Muslims, would be a union territory, but will not have an assembly. With Indian-administered Kashmir's special status repealed, people from the rest of India would have the right to acquire property in Jammu and Kashmir and settle there permanently.