Showing posts with label Kashmir. Show all posts
Showing posts with label Kashmir. Show all posts

Thursday, November 28, 2019

Article 370 and 35A removed: result of abolition of article 35A on real estate market of Jammu and Kashmir


On 5th August 2019, in a historic move, the Prime Minister Narendra Modi led NDA government announced its decision to withdraw Article 370 and Article 35A from the Indian Constitution, which has given special status to Jammu & Kashmir. Following the announcement by Home Minister Amit Shah, the state is now separated into two union territories. Now Jammu & Kashmir is a Union Territory with the legislature while Ladakh is a Union Territory without legislature.


What is Article 370?


Article 370 of Indian Constitution is a ‘Temporary Provision’ which gives special autonomous status to Jammu and Kashmir. Under Part XXI is the constitution of India, which deals with “Temporary, Transactional and SpecialProvisions”, due to this the State of Jammu and Kashmir has been allow the special status under Article 370. All the provisions of the constitution that apply to other states are not applicable to Jammu and Kashmir.

Article 35A gave Jammu & Kashmir government the right to decide who qualifies as a permanent resident of the state and only these individuals were allowed to acquire or own land, can settle and seek government jobs in Jammu & Kashmir region. It clearly means that Non-Kashmiri`s and the rest of the country did not have the right to invest or buy a property or even settle down in the state. However, withdrawing Article 35A would most likely open the door for real estate investments in Jammu & Kashmir from across the country.

What will happen to Jammu & Kashmir and Ladakh now?


After Kashmir’s special status is gone, people from anywhere in India be able to buy a property and permanently settle in the state.

Yes, Jammu & Kashmir will be like any other Indian state or union territory now where anyone can buy or invest in property. But results of the move may take 6 months to a year to dry up and for people to decide is Jammu & Kashmir is a safe address to invest capital. The best time to invest in Jammu & Kashmir would be after the authorities make clear their policies and rules, regarding buying and selling of properties.

We all know very well that Jammu & Kashmir depends massively on the tourism sector. In October 2019, the investor’s summit being planned in Jammu and Kashmir, It may create opportunities in the fields of healthcare, pharmaceuticals, hospital, and agro-processing. Some experts believe that a change in the administration  could support the economy and property market in Jammu & Kashmir. Guesswork often heads to fake price rise and this has already been seen in some parts.

It is too early predict the actual result of abolishing Article 35A on Kashmir’s real estate market. This is highly stressful area and it will take a long time for all uncertainties to be resolved. The fact is that the entire region of Jammu and Kashmir has been an area of controversy for decades. As a result, it would interested in either party investing in waiting mode. A lot will depend on how the political situational there is known.

There are enough people in the state who have been very careful about investing in real estate as the militancy and political situation is not very useful for the citizens of Jammu and Kashmir. I think would be residents of the state who would prefer to take advantage of outsiders first and probably not be afraid to invest immediately.

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