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What Changes In Jammu and Kashmir with Revocation of Article 370

What Changes In Jammu and Kashmir with Revocation of Article 370

Amit Shah, the Home Minister of India has introduced a Bill for removing Article 370 of the Constitution of India which gives special status towards Jammu and Kashmir. With that revocation order, Also Article 35A no longer exists in Jammu and Kashmir. Rajya Sabha has approved the reorganization of Article 370 for Jammu and Kashmir and a bill in the direction of bifurcate the state into two union territories, Jammu and Kashmir and Ladakh.

The thing which changed in Jammu and Kashmir and the people living there after the revocation of Article 370 is:

Constitution of Jammu and Kashmir

Before Article 370 - Jammu and Kashmir was the only state in India which had its own constitution. This article provided Jammu and Kashmir provisions of the Constitution which were not applicable to any other states of India and it included special autonomy, separate state laws, and so forth.  They were also required to follow Section 1 and Article 370 of the Indian Constitution.  

After Article 370 - After the revocation of 370 by the Modi government, there shall be no separate constitution for Jammu and Kashmir and its citizens.

People’s Citizenship in Jammu and Kashmir

Before Article 370 - The citizens of the J&K had enjoyed dual citizenship which was of the state as well as India both.  

After Article 370 - The citizens of the J&K will have only one citizenship which is prevalent to every other citizen of the state.  

Ownership of Property in Jammu and Kashmir

Before Article 370 - The people who had citizenship of Jammu and Kashmir were only capable of buying and selling property in J&K.   

After Article 370 – Now after the revocation of article 370, every Indian citizen from other states of the country could now buy and sell property in Jammu and Kashmir.

Status of the Flag

Before Article 370 - The State of Jammu and Kashmir had two different flags of India and the state. 

After Article 370 - Now after the revocation of the article 370, there shall be no separate flag for Jammu and Kashmir and it would be at par with the entire country.
 

Fundamental Rights of Citizens

Before Article 370 - The residents of Jammu and Kashmir did not have all the Fundamental Rights which were enjoyed by the rest of India because of its special status. Article 370 had only provided them with rights consistent with the state which included property rights and state rights.  

After Article 370 - After the revocation of article 370, the Fundamental Rights of the residents of Jammu and Kashmir would be the same as enjoyed by the rest of the Indian citizens of other states. 

Application of Laws

Before Article 370 - The citizens of the state Jammu and Kashmir had separate laws relating to citizenship, ownership of property, as well as fundamental rights. 

After Article 370 - After the revocation of article 370, there shall be no separate laws for the citizens of the state Jammu and Kashmir. It is going to be the same as the rest of India.

Central Laws

Before Article 370 – In Jammu and Kashmir only state laws were applicable before and the central government had no authority towards declaring financial emergencies.  

After Article 370 - After the revocation of article 370, now the Central laws could directly be applied and it could declare financial emergencies under article 360 in Jammu and Kashmir. 

Geographical Changes

Before Article 370 - Jammu and Kashmir was a state of the country with separate provisions where Ladakh has been a part of the state. 

After Article 370 - Jammu and Kashmir are now a Union Territory with legislature while Ladakh would be now an independent Union Territory without any legislature.  

National Anthem

Before Article 370 - Jammu and Kashmir had separate national anthems during the application of article 370 which was of the state and the country. 

After Article 370 - After the revocation of article 370, there going to be only one national anthem for the entire country. 

Application of laws by the Parliament  

Before Article 370 – Excluding defense, foreign affairs, finance, as well as communications, Parliament had to require the state government's approval for applying any laws.

After Article 370 – Now the Parliament could implement any law without the state's approval which also incorporates changing the state's name as well as its boundaries.   

Duration of Legislative Assembly

Before Article 370 - Jammu and Kashmir had a duration of Legislative Assembly for 6 years

After Article 370 - After the revocation of the article 370, now the state Jammu and Kashmir will have a duration of Legislative Assembly for 5 years

Reservation for minorities

Before Article 370 – The state of J&K had no reservation for minorities

After Article 370 - After the revocation of article 370, now the minorities will be eligible for reservation.

Also, the Indian Penal Code would replace the Ranbir Penal Code of J&K.

Thus, after scrapping the re-organization of Article 370, made by the Government of India, Jammu and Kashmir will now come at par with the entire nation.  

What was Article 370 meant for Jammu and Kashmir?

In the Indian Constitution, includes on 17th October 1949, Article 370 is a 'temporary provision', which exempted the state Jammu and Kashmir from the Indian Constitution, authorizing it to draft its own Constitution as well as restricting the Indian Parliament's legislative powers in the state. Also, it accorded special status towards the state, giving the Jammu and Kashmir legislature a free rein to draft its own laws, excluding in the areas of communications, defense, finance, and foreign affairs. Consequently, Jammu and Kashmir had its own constitution, flag, as well as penal code.

Author:

eStartIndia Team



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