Article 370 : How BJP Fulfilled it’s Founder’s Dream?
Article 370 : On 7th August 2019, President Ram Nath Kovind declared the abrogation of Article 370. With it, the special status provided to the state of Jammu and Kashmir came to end. Along with it the state of Jammu Kashmir was bifurcated into two Union Territories, Jammu Kashmir and Ladakh. With this ruling BJP fulfilled their one of their promises within 90 days of forming government again at the centre. Added to it BJP fulfilled the dream of its founder, Shyama Prasad Mukherjee who lost his life fighting for the complete integration of Jammu Kashmir into Indian union. He was the one who gave the slogan, “ Ek Desh mein do vidhaan, do nishaan, do Pradhan nahi chalega” which translates to “In one country, there can’t two law codes, two prime ministers and two national symbols.”
Union Home Minister, Amit Shah on 5th of August in Rajya Sabha read out a presidential notification that stated the decision to scrap the contentious Article 370 and to bifurcate the state into two Union territories – Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a legislature. Within two days, the bill despite being opposed by few of the opposition leaders passed in both Rajya Sabha and Lok Sabha. However, before the bill was bought in Rajya Sabha, central government made an all-round preparation for it. The suspension of the Amarnath Yatra, deployment of large number of troops, imposition of a curfew, and a spate of political arrests was evident of bigger move by the central government with respect to Jammu Kashmir.
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What changes after the Amendment of Article 370 and Removal of Article 35A?
Jammu Kashmir enjoyed a special right of having its own flag due to the provision under Article 370. After the amendment in article, Jammu Kashmir loses the right to retain a separate flag. Now only the Indian flag will be allowed to be hoisted in Jammu Kashmir.
In the state of Jammu Kashmir, Indian citizen from other states did not enjoy the right to buy land. However, after the amendment, citizens from any part of the country can own a property in Jammu Kashmir.
Residents of Jammu Kashmir enjoyed dual citizenship, however after the abrogation of Jammu Kashmir, they lose this status. They hold only status of Indian citizenship.
A woman from Jammu and Kashmir, if married outside the state was subjected to losing her state citizenship. Even her kids were prohibited from enjoying the state benefits offered to a resident of Jammu Kashmir. After the abrogation of the article, a woman from Jammu Kashmir married outside state will have right the benefits offered by the state.
No laws passed by the Indian parliament was applicable to state of Jammu Kashmir. Even the Right to Information was not applicable in the state. However, now the same law passed in the Indian parliament will be applicable in the Jammu Kashmir.
Article 360, which allows the centre to declare financial emergency in any state, will apply to Jammu and Kashmir. Earlier, the move would require “war or an external act of aggression”.
There was no provision of reservation for minorities in the Constitution of Jammu Kashmir. After abrogation, the constitution of Jammu Kashmir stands null and void. Minorities there will enjoy same provision of reservation as enjoyed by a citizen as per the Indian constitution.
Earlier, the centre had to get the state legislature’s approval for introducing any policies or constitutional powers to the state. Jammu and Kashmir enjoyed rights to decide on its own on all matters barring defence, communications and foreign affairs. Those special powers are gone.
Outcome
Article 370 was included in the Indian constitution on October 17, 1949. It exempted Jammu Kashmir from Indian constitution (except Article 1 and Article 370) and permitted the state to draft its own constitution. However, after the amendment of Article 370, Jammu Kashmir lost its special status and has been given a status lower than any other states in India. India will now have 28 states, Jammu Kashmir will no longer enjoy the status of a state. Instead it will be listed among the Union Territories of India. India will now have 9 Union Territories, the new ones being Jammu Kashmir and Ladakh. Kashmir will no longer have a Governor, rather a Lieutenant Governor like in Delhi or Puducherry.
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Pic Courtesy : Business Today