The government has scrapped Article 370 which granted special status to Jammu and Kashmir. The state will now be split into two union territories. Article 35A, which defined permanent residents of J&K, has also been abolished. This brings J&K under the full application of the Indian constitution and allows non-residents to buy property and apply for jobs there. While this aims to integrate J&K into India, it may face security threats from Pakistan and protests in Kashmir.
3. ⢠Government has scrapped special status granted to the
state of Jammu and Kashmir by modifying Article 370 of
the Constitution.
⢠The Jammu & Kashmir Reorganization Bill, 2019 got passed
by Rajya Sabha, which will split Jammu and Kashmir into
two union territories. The bill gets 125 Yes, 61 Noes and
one abstains.
⢠President Ram Nath Kovind came out with a notification
âThe Constitution (Application to Jammu and Kashmir)
Order, 2019â â this abolished Article 35A.
4.
5. Article 370 - Temporary provisions with respect
to the State of Jammu and Kashmir
â˘Only Article 1 and 370 of Constitution applied to J&K.
â˘Parliament was empowered to make laws only for subjects
mentioned in Instrument of Accession i.e. Defence, External
affairs and Communications (and ancillary matters).
â˘President may, by public notification, abolish this Article.
However, the recommendation of the Constituent Assembly
of the State shall be necessary before the President issues
such a notification.
6. Article 35A
â˘State Legislature is empowered to enact a law relating
to:
â˘Defining the âpermanent residentsâ of the State of
Jammu & Kashmir.
â˘Conferring on such permanent residents any special
rights and privileges:
â˘Employment under the State Government
â˘Acquisition of immovable property in the State
â˘Settlement in the State; or
â˘Right to scholarships and such other forms of aid as
the State Government may provide.
7. How they were abolished?
⢠Home Minister in RS, âAs per Clause 3 of Article 370, The President
may, by public notification, declare that this Article shall cease to be
operative. The powers of State Legislature of J&K are vested with
this house by virtue of Presidentâs rule.â
⢠This is not the first time, Congress in 1952 and 1962 amended Article
370 through similar process, says Amit Shah in Rajya Sabha.
⢠The Presidentâs notification âThe Constitution (Application to
Jammu and Kashmir) Order, 2019â scraps âThe Constitution
(Application to Jammu and Kashmir) Order 1954â.
8. Impact
⢠Instead of 29 states and 7 UTs, India now have 28
states and 9 UTs. Thus, books and official documents
need to be changed accordingly.
⢠The other provisions of Constitution will be applicable
to Jammu and Kashmir. This means the separate
constitution of Jammu and Kashmir ceases to be in
operation in the state.
⢠Minorities will be eligible for 16% reservation.
9. ⢠Single citizenship for all Indians and Single flag for whole
India.
⢠All the citizens of India would be eligible to purchase land
in the J&K.
⢠The tenure of the Jammu and Kashmir Legislative
Assembly is reduced to 5 years from 6 years of earlier.
⢠J&K cadre for IAS, IPS etc. will be replaced by AGMUT cadre.
⢠Indian laws like RTI, IPC etc. will be applicable.
10. Possible Benefits
â˘One India and Integrated India.
â˘Essential for peace and development in J&K
â˘Huge investments and employment opportunities in J&K.
â˘Social sector schemes like RTE, health schemes, reservation
benefits etc. can be implemented.
â˘Development of tourism.
11. Possible Threats
⢠Security threats from Pakistan - Indian Army
and Indian Air Force have been put on high
alert.
⢠Pakistan can go to UN or ICJ.
⢠Strong Protests in Kashmir â may go violent.
12. Way Forward and Conclusion
â˘Full state status will be restored to J&K at appropriate time:
Amit Shah in RS.
â˘Strong Diplomacy by India to ensure global acceptance of this
decision.
â˘Civilian and military administrationsâ cooperation for
development in Jammu and Kashmir.
â˘Positive attitude of all other Indians towards Kashmiri People.