August 05, 2019
The Indian government on Monday rushed through a presidential decree to abolish the special status granted to occupied Kashmir under the constitution.
Article 370 of the Indian Constitution is a 'temporary provision' which grants special autonomous status to occupied Kashmir. All the provisions of the Indian constitution which are applicable to other states are not applicable to occupied Kashmir.
According to this article, except for defence, foreign affairs, finance and communications, the Indian Parliament needs the state government's concurrence for applying all other laws. The residents of occupied Kashmir, therefore, live under a separate set of laws as compared to Indian citizens elsewhere in the country, including those related to citizenship, ownership of property, and fundamental rights.
Article 35A which stems from Article 370 was introduced through a Presidential Order in 1954. This article empowers the legislature of occupied Kashmir to define the state’s permanent residents and their special rights and privileges.
Under Article 35A, Indian citizens from other states cannot purchase land or property in occupied Kashmir.