article 370 removed

Article 370 removed?

Is article 370 removed? Owing a landmark decision today by the Central Government, Jammu and Kashmir will no longer enjoy the special status which was rendered to it by provisions of Article 370 and Article 35A.

Article 370 is an empowering arrangement. Article 370(3) reads, “Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify”It clarifies which parts of the Indian Constitution have jurisdiction over Jammu and Kashmir, which received a different state constitution for itself during 1950s.

Article 370 has not been scrapped. It stays very much as part of the Constitution and cannot be repealed or abrogated without a constitution amendment in accordance with Article 368. The Government has utilized Article 370 to announce that special status granted under article cease to exist. This was done through a Presidential Order, which basically, will supercede past Presidential Orders issued under Article 370.

Article 370 removed?

Article 35A was inserted through earlier presidential proclamation of 1954, drawing powers from Article 370. Now this earlier Presidential order being superceded by the new one, Article 35A now cease to exist.

In other words, the recent move by the Government gives full applicability of the Indian Consitution in Jammu and Kashmir. Earlier, only a set of limited provisions such as foreign relations, communication and defence had jurisdiction over Jammu and Kashmir.

This implies that the separate constitution of Jammu and Kashmil will now cease to operate and the Indian constitution, like in other states, will now be fully operational in Jammu and Kashmir.

Another resolution has also been moved for bifurcation of Jammu and Kashmir. The resolution if adopted, will transform the State of Jammu and Kashmir into two separate Union Terriotories viz. UT of Jammu and Kashmir and UT of Ladakh.

The Union Territory of Jammu-Kashmir will have an assembly just like Delhi and Puducherry. The Governor of Jammu and Kashmir will become Lieutenant Governor.

Ladakh like other 5 Union Territories of Lakshadweep, Andaman and Nicobar Islands, Chandigarh and others will be without state legislature and will be under administrative control of Centre.

Article 370 removed?

What changes you can expect in Jammu and Kashmir now?

With separate constituition gone now Indian Penal Code (IPC) will replace the hetherto applicable Ranbir Penal Code(RPC).

The distinction between the residents of Jammu and Kashmir and outsiders, under Art 35A will now cease to have any effect.

Education and Employment sectors will now be opened up to all Indians with no discrimination that Article 35 brought by the clause of permanent residents.

Now people of other states will be able to purchase land and own a property in Jammu and Kashmir. This was viewed as a noteworthy reason avoiding corporates setting up large units in Jammu and Kashmir.

The clause of permanent residents under Art 35A, disallows Kashmiri women to inherit property after getting married to non-kashmiri. Now they will be able to claim their inheritance rights on ancestor property.

The status of Jammu and Kashmir police unit will be redefined. They might be incorporated into DANIPS (Delhi, Andaman and Nicobar Islands Police Services) or might be allowed a different status.

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vishal.hembram1990
vishal.hembram1990@gmail.com

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