Article 370 of the Indian constitution gave special status to the region of Jammu and Kashmir, allowing it to have a separate constitution, a state flag and autonomy over the internal administration of the state. The article was drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. This article, along with Article 35A, defined that the Jammu and Kashmir state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to resident of other Indian states. As a result of this provision, Indian citizens from other states could not purchase land or property in Jammu & Kashmir. In 1954 , Presidential Order was issued, specifying the articles of the Indian constitution that applied to the state.
Article 370 and Article 35A revoked
On 5 August 2019, the President of India, Shri Ram Nath Kovind , issued a Presidential Order, whereby all the provisions of the Indian Constitution are to apply to the State without any special provisions and article 370 and article 35a stands revoked. This implies that the State’s separate Constitution stands abrogated, including the privileges allowed by the Article 35A.
| BEFORE |
NOW |
| Separate flag for Jammu AND Kashmir |
Tiranga will be the only flag |
| Special powers for the state J&K |
No special powers now |
| Dual citizenship for the permanent residents of J&K State |
Single citizenship i.e Indian |
| Article 360 not applicable ; Financial emergency cannot be declare in J&K state. |
Article 360 will be applicable |
| Indian residents from other states cannot buy land property in J&K. |
Now Indian residents from other states can buy land property in J&K and invest in real estate. |
| RTI not applicable |
RTI will be applicable |
| Panchayats do not have any right in jammu and Kashmir |
Same rights for panchayats as applicable to other parts of country |
| Right to Education Act not implemented in Jammu and Kashmir. |
Now students can take benefits under RTE |
| Jammu and Kashmir was a state with ladakh as its part. |
J&K and Ladakh are two separate Union Territories with and without legislation respectively. |
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