Govt.Scrapped Article 370: Jammu & Kashmir to be carved into 2 Union Territories
Amit Shah announced in the Rajya Sabha that Artide 370, which accords special status to Jammu & Kashmir, win be revoked from the day of the President’s assent.
The Union Home Minister of India Amit Shah introduced Jammu & Kashmir reorganization bill in the Rajya Sabha for reconstructing the state. Jammu & Kashmir to be carved into 2 Union Territories
Jammu and Kashmir serving as a Union Territory with legislature and Ladakh region to be separated as a separate union territory will have no legislature.
Table of Contents
What is Article 370?
- Article 370 of the Indian constitution was an article that gives special status to the state of Jammu and Kashmir.
- The article was drafted in Part XXI (part 21) of the Constitution: Temporary, Transitional and Special Provisions.
- Article 370 was the basis of Jammu and Kashmir’s accession to the Indian union at a time when erstwhile princely states had the choice to join either India or Pakistan from 1947, after their independence.
- The article, which came into effect in 1949, exempts Jammu and Kashmir state from the Indian constitution.
- It allows the Indian-administered region jurisdiction to make its own laws in all matters except finance, defense, foreign affairs, and communications.
- It established a separate constitution and a separate flag and denied property rights in the region to the outsiders.
- That means the residents of the state live under different laws from the rest of the country in matters such as property ownership and citizenship.
- Part 4 of the Indian Constitution (Directive Principle of State Policy), Fundamental Duties are not applicable in this State.
- It means the citizens of Kashmir are not bound to save the cow, maintain the dignity of the women and respect the National Flag of India.
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What is Article 35A?
- This article along with Article 35(A) defined that the J&K state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to a resident of other Indian states.
- Under this provision, Indian citizens from other states cannot purchase land or property in Jammu & Kashmir
- Article 35A was introduced through a presidential order in 1954 to continue the old provisions of the territory regulations under Article 370 of the Indian constitution.
- The article permits the local legislature in Indian-administered Kashmir to define permanent residents of the region.
- It forbids outsiders from permanently settling, buying land, holding local government jobs or winning education scholarships in the region.
- The article, referred to as the Permanent Residents Law, also bars female residents of Jammu and Kashmir from property rights in the event that they marry a person from outside the state. The provision also extends to such women’s children.
- While Article 35A has remained unchanged, some aspects of Article 370 have been diluted over the decades.
- Critics of Article 35A say the provision did not have any parliamentary sanction, and that it discriminates against women.
Why are they being abolished?
- The ruling BJP and its right-wing allies have challenged Article 35A which it calls discriminatory, through a series of petitions.
- Prime Minister Modi led his BJP to a landslide win in May on the back of a divisive campaign that ostensibly targeted Muslims, vowing to remove Article 370 and its 35A provision.
- To prevailing internal security situation, fuelled by cross border terrorism in the existing state of Jammu and Kashmir, a separate Union Territory of Jammu and Kashmir is being created with the legislature.
- Three of Jammu and Kashmir’s most prominent politicians, Mehbooba Mufti, Omar Abdullah, and Sajjad Lone are under house arrest amid a massive security-built up in the state.
- As per section 144, in Srinagar district Internet services and mobile services have been suspended, all public gatherings are banned.
On 5 August 2019, the President of India has issued new Presidential Order revoking the 1954 Order and making all the provisions of the Indian Constitution applicable to the State. This has rendered the Article 370.
What changes in J & K after Article 370 banned?
| Before | Now |
| Special powers exercised by J&K | No special powers now |
| Dual citizenship | Single citizenship |
| Separate flag for Jammu & Kashmir | Only Tricoloured Flag |
| Article 360 (Financial Emergency) not applicable | Article 360 will be applicable |
| No reservation for minorities such as Hindus and Sikhs | Minorities will be eligible for 16% reservation |
| Indian citizens from other states cannot buy land or property in J&K | Other State people able to purchase land or property in J&K |
| RTI not applicable | RTI will be applicable |
| Duration of Legislative Assembly for 6 years | Now for 5 years |
| If a woman from J&K marries out of state, she would lose the citizenship of the state | She will still retain all her rights and Indian citizenship. |
| Panchayats did not have any rights | Panchayats will the same rights as in other states |
| Right to Education (RTE) was not applicable | Children in the state will benefit from RTE |
| Part 4 of the Indian Constitution (Directive Principle of State Policy), Fundamental Duties are not applicable in this State | DPSP applicable |
What are the Advantages after the scrapping of 370?
- Business becomes more integrated and prosperous in the J&K
- Gas line, free trade, industrial estates immediate benefits to J&K economy.
- No more cruel attack on the country.
- Children in these areas will benefit from the right to education and get access to education.
- Minorities will be eligible for reservation up to 16% for their improvement.
- Grow its peace, pros prosperity and harmony.
- People of non- permanent residents of J&K now permanently setting in the state, buying immovable property, acquiring land.
- Also applying for Government jobs any kind of scholarship.
