Article 370 scrapped in Jammu & Kashmir : State loses special status

The government on Monday abolished Article 370 that gave special status to Jammu and Kashmir and moved a separate bill to bifurcate the state into two separate union territories of Jammu and Kashmir, and Ladakh, amid massive opposition uproar in Rajya Sabha.

Home Minister Amit Shah moved a resolution in the House to abolish Article 370 after the President issued a notification in this regard and also moved the Jammu and Kashmir Reorganisation Bill 2019.

What will change in J&K with revocation of Article 370:-

Article 370, a ‘temporary provision’ that grants special autonomous status to Jammu & Kashmir. Now, the government’s decision to revoke Article 370 will revoke the special provision which grants power to J&K to have its own constitution. With the revocation of Article 370, Jammu and Kashmir will adhere to the Constitution of India, much like the rest of the country.

* Right to buy property

Earlier, Article 35A, which is based on Article 370, empowered the J&K legislature to define the state’s ‘permanent residents’ and grant them special rights and privileges.

Now, with the scrapping of Article 370 (and hence Article 35A) people from outside J&K will also be able to to buy property in
the state and settle there.

* Law and order

Earlier, law and order was under the control of the state government. Now, following the bifurcation of the state into two Union Territories — J&K and Ladakh, the law and order machinery will have to be restructured. The government can structure the power-sharing model on the lines of either Delhi or Puducherry, both union territories. In Delhi, law and order is under the control of the Union government, while in Puducherry, law and order is a state subject.

* Central laws

Earlier, the central government had to seek approval of the state legislature to draft and enact laws. Now, central laws will automatically apply to the state.

* Separate flag

Earlier, Article 370 granted special permission to J&K to have its own flag along with the national flag. Now, it will depend upon Parliament to decide if the state can continue having its own flag

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