Article 370

 

INTRODUCTION:

Jammu and Kashmir is a state in India and located in the northern part of the India, it is the hilly area and the part of the larger region of Kashmir. Since 1947, the region has been a matter of dispute between India, Pakistan, and China. Since 1962 China has a control over the Aksai Chin region located in region near the border of Tibet.

Article-370 gives special status to Jammu and Kashmir. Parliament have to take the approval of the Jammu and Kashmir government’s for applying laws in the state , except in cases of :-
• defense,
• foreign affairs,
• finance, and
• Communications.
Some of the rights are different for the residents of Jammu and Kashmir from the resident living in India such as the law of citizenship, ownership of property, and fundamental rights of the residents of Jammu and Kashmir is different from the residents living in rest of India. Citizens from other states cannot buy property in Jammu and Kashmir and the Centre has no power to declare a financial emergency in the state.

Now the Government of India has repealed the special status that has been given to Jammu and Kashmir under Article 370[1]. The Parliament of India passed the act , which seeks to dissolve the state and it divided into two union territories that is Jammu & Kashmir and Ladakh.

SPECIAL STATUS GIVEN TO JAMMU AND KASHMIR AS PER ARTICLE 370 AND ARTICLE 35A

The constituent assembly of Jammu and Kashmir gained the special powers and they also get the right to recommend the articles of the constitution.
Article 35A and 370[1] both stated that a different set of laws apply for the residents pf the state of Jammu and Kashmir.
Some special provisions lay down under article 370[1] and it includes:
• The state of Jammu and Kashmir acquires different national flag.
• Citizens from other states cannot purchase property in Jammu & Kashmir.
• The tenure of the assembly in Jammu and Kashmir is 6 year and the Indian states have 5 years of tenure.
• Right to education and Right to information didn’t applicable to Jammu and Kashmir.
• The citizens of Jammu and Kashmir enjoyed dual citizenship.

ARTICLE 35A [3] of the constitution talks about permanent residents and provide those rights and privileges to those permanent residents. A person who is not permanent resident of the state of Jammu and Kashmir cannot own any property there.

These privileges and rights include:
• Ability to purchase land and unmovable property
• Ability to vote and contest elections
• Availing the benefits of education
• And health care

This article violates fundamental rights that are Article 14, 19 and 21 . It was added to the constitution through the presidential order that is the constitution order 1954, issued by the President of India on 14 May 1954, under Article 370[1].

REVOCATION OF ARTICLE 370

Narendra Modi-led national democratic alliance government announced major changes in article 370[1] on 5th August 2019. Article 370[1] granted special status to Jammu and Kashmir along with Ladakh.
On the same day, Amit Shah the home minister of India introduced the Bill in the Rajya Sabha with the idea of converting the state of Jammu and Kashmir into two separate territories that is Union Territory of Jammu and Kashmir and Union Territory of Ladakh. The two union territories are scheduled to come into existence on 31 October 2019.

The change to Union Territory status will likely give New Delhi more control over local administrative and legislative powers in, in addition to direct control over the police and protection and maintenance of public order.

A total of 351 lawmakers voted in favor of the motion, whereas 72 MPs opposed the proposal.

WHAT WILL HAPPEN TO J&K AFTER REVOCATION

Now onwards Indian citizen residing within the territory will be able to purchase property and permanently settle in the state. Jammu and Kashmir will be given a status of separate union territory with legislature and ladakh region is also the status of union territory but without the legislature.
The constitution order 2019 will come into force stating that the provision of Indian constitution will now be applicable to Jammu and Kashmir and this constitution order 2019 will replace the constitution order 1954.

So here are some of the changes after revocation of article 370[1] • There shall be single citizenship for all the residents of Jammu and Kashmir.
• The state of Jammu and Kashmir will not have a different flag.
• Directives principles of state policy shall be applicable to the state.
• Children residing in the state will be given the benefit of right to education.
• There will be 16% reservation for minorities.

ATMOSPHERE IN J&K AFTER REVOCATION OF ARTCLE 370

• Jammu and Kashmir leaders Mehbooba mufti former chief minister Omar Abdullah were under house arrest when the bill for abolition of article 370[1] was passed in rajya sabha
• Internet and mobile services in kashmir’s srinagar district were suspended for a little while
• Public gatherings were also suspended.

POLITICAL REACTION IN INDIA

Citizens of India celebrated government move on article 370[1] that gave special status to Jammu and Kashmir.
Shiv sena party celebrated government decision to revoke article 370[1] and a separate bill to bifurcate the state into two separate union territories namely Jammu and Kashmir and Ladakh.

Bahujan Samaj Party chief Mayavati advised the opposition leaders to think a bit before taking such steps, she also defende her party’s stand and also criticised leadres of opposition parties over their recent visit in srinagar . Bharatiya Janata Party leader Tejasvi surya quoted that Narendra Damodardas Modi will be remembered by Indian’s for centuries with same gratitude. The party also launch a massive campaign to highlight the significance of the union government’s decision .

Some of the Indian activist group did not support the move of government decision of revocation of article 370[1].
The recent chief minister of Jammu and Kashmir Mehbooba mufti said that it is the Blackest day of Indian democracy.
The chief minister of Delhi Arvind Kejriwal supported the move and said that we are united again.

CONCLUSION

Revocation of article 370[1] is a big decision in the history of Indian constitution After the scrapping of article 370[1] and with so many changes in the state it feels like that Jammu and Kashmir will experience peace and prosperity. The revocation of article 370[1] will help eradication of terrorism in the state. This is first step towards the betterment of India, Jammu and Kashmir and Pakistan. The centre must take effective steps to make this decision a big success and to ensure that Jammu and Kashmir will be a better and safe place to live.

Author: Anjali Thakur,
Gitarattan international business school ip university