India can repeal Article 370 at will: Centre

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  1. The government has said that Article 370 is a temporary provision in the Constitution and Article 35A was added through a Constitution order issued by the President of India.
  2. The government has also said that Jammu and Kashmir is an integral part of India and matters relating to the Constitution are internal and entirely for the Parliament to deal with.Hence,no foreign government or organisation has any stake in the matter.
  3. This reply came on a question on whether repeal of Articles 370 and 35A will in any way violate any United Nations regulation or any international obligation of the country.
  4. Article 370 is a temporary provision granting special autonomous status to Jammu and Kashmir.
  5. Article 370 specifies that a) except for Defence,Foreign Affairs,Finance and Communications the Indian Parliament needs the State Government’s concurrence for applying all other laws b) the residuary powers belong to the Legislature of the State and c) No preventive detention law made in India extends to Jammu & Kashmir.
  6. Article 35-A was incorporated in the Constitution in 1954 through Presidential order.It gives the Jammu and Kashmir Legislature a complete freedom to decide,who are all ‘Permanent Residents’ of the State.
  7. Article 35-A provides them(a) special rights and privileges in public sector jobs (b) acquisition of property in the State and (c)scholarships as well as public aid and welfare.