Article 370 & Article 35A

Article 370
The first accession of Jammu and Kashmir, like all other princely states, involved three issues: defense, diplomacy, and communications. All princely states were invited to send representatives to the Constitutional Parliament, which drafted the Constitution across India. They were also encouraged to establish a constituent parliament for their own state. Most states were unable to establish a parliament in time, but some states, especially Saurashtra Union, Travancore-Cochin, and Mysore. The State Department had drafted a model state constitution, but on May 19, 1949, the governors and Chief ministers of each state met in the presence of the State Department and agreed that no separate state constitution was needed. They accepted the Indian Constitution as their own constitution. The state in which the elected constituent council proposed some changes that were accepted. Therefore, the status of all states has been placed on par with the status of ordinary Indian states. In particular, this meant that the subjects available for legislation by central and state governments were consistent and same throughout India.

In the case of Jammu and Kashmir, state politicians have decided to establish a separate constitutional council for the state. Representatives of the Indian Constitutional Assembly applied only the provisions of the Indian Constitution corresponding to the original accession documents to the state, and demanded that the state Constitutional Assembly decide on other matters. The Government of India agreed to the request shortly before its meeting with the other states on 19 May. Therefore, Article 370 was included in the Constitution of India, which provided that other provisions of the Constitution empowering the central government would apply to Jammu and Kashmir only with the approval of the State Constitutional Assembly.This was a “provisional provision” because it was applicable until the State Constitution was enacted and adopted. However, the State Constitutional Assembly was dissolved on January 25, 1957, and did not recommend the abolition or amendment of Article 370. This article was considered an integral part of the Indian Constitution, as confirmed by various recent April 2018 rulings by the Supreme Court of India and the Supreme Court of Jammu & Kashmir.

Article 35A
Article 35A of the Constitution of India was a provision authorized by state to define the “permanent residents” of Jammu and Kashmir State and to give them special rights and privileges. It was added to the Constitution by an Executive Order, the 1954 Constitutional Order (application to Jammu and Kashmir). It was issued by the President of India under Article 370. Jammu & Kashmir has these privileges, the ability to acquire land and real estate, vote and participate in elections, pursue government employment, and receive the benefits of other governments such as higher education and medical expenses. Defined to include. Non-permanent residents of the state were not eligible for these “privileges”, even if they were Indian citizens.