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Article 370 and 35(A) scrapped: What changed in Jammu and Kashmir?

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Article 370 and 35(A) scrapped

Article 370 and Article 35(A) which gives Jammu and Kashmir special status and a host of special rights have been effectively revoked by the Government of India. About of 351 lawmakers voted in favour of the motion, whereas 72 MPs opposed the proposal. Indian President Ram Nath Kovind signed the official notification-declared provisions of Article 370 inoperative and there will be two Lieutenant Governors. It was a bold and far-reaching decision one can take. The government also introduced a bill, The Jammu and Kashmir Reorganisation Bill, 2019, which will bifurcate the state into two Union territories:

  • Jammu and Kashmir (will have a legislature like Delhi and Puducherry), keeping internal security situation into mind,
  • Ladakh (will not have a legislature).

Home Minister Amit Shah said, responding to the debate in Lok Sabha, that revoking Article 370 is necessary as it undermines the parliament of India and it even does not reach Jammu and Kashmir. For a long time, Pakistan was using this to instigate separatism in the hearts of people of Jammu and Kashmir.

BJP (Bharatiya Janata Party) strictly believes in norms: (One flag, one Constitution and one leader). Ek Nishan, Ek Vidhan Aur Ek Pradhan. And this proved when Article 370 was revoked and Article 35(A) scrapped.

This was the most unprecedented political moves in the country taken by Narendra Modi and undoubtedly will be debated for weeks.

What Article 370 is all about?

Article 370 comes under Part XXI of the Constitution. The provisions of Article 370 are in respect with “Temporary, Transitional and Special provisions granting special autonomous status to Jammu and Kashmir. The provision was drafted in 1947 by Sheikh Abdullah, the prime minister of J&K at that time appointed by Maharaja Hari Singh and Jawaharlal Nehru, which came into force on 1952.

According to the article, the union government require the state government’s concurrence to apply laws except in foreign affairs, defence, finance and communications. This means that Jammu and Kashmir’s residents live under a separate set of laws with respect to citizenship, fundamental rights, and ownership of property, as compared to other states of Indians.

What Article 35(A) is all about?

Article 35(A) comes under article 370, inserted via the Constitution (Application to J&K) Order, 1954. The article is also known as Permanent Residents Law which allows the state legislature to define the Jammu and Kashmir’s, permanent residents.

What will change in Jammu and Kashmir?

BasisBefore Article 370After Article 370
J&K Constitution scrappedJ&K was the only state to have a separate constitution in the country which grants special status and autonomy.The separate constitution ceases to exist.
Properties in J&KOnly J&K’s residents have the right to buy and sell properties in the state.Any Indian citizen will be able to buy and sell properties in J&K.
Separate flagUse to have two different flags- India and the state.No separate flag
Article 360Financial emergency not applicableThe financial emergency will be applicable
Right To Information (RTI)Was not applicableWill be applicable. No restriction on filing RTI.
Duration of Legislative AssemblyDuration of Legislative Assembly for 6 yearsAssembly duration in Union territory of Jammu and Kashmir will be for 5 years.
Union TerritoryJ&K was the state with special autonomous status.The state will be bifurcated with two union territories: J&K and Ladakh
LadakhWas a part of Jammu & KashmirWill be a separate Union Territory without a legislature.

 

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