Wednesday, August 7, 2019

Article 370 gone, Important points You need to know after Article 370 is revoked

The resolution removing the provisions of Article 370, which would give special status to Jammu and Kashmir, and the historic bill dividing the state(J&K) into two union territories, got the seal of Parliament on Tuesday.

Today President Ram Nath Kovind has signed the bill to declare abrogation of the provisions of Article 370.

Two bills and two proposals were passed

First Bill - Jammu & Kashmir (Reorganisation) Bill 2019, for the re-formation of Jammu and Kashmir.

Second Bill - Jammu & Kashmir Reservation (2nd Amendment) Bill 2019, 10 percent reservation to the economically weaker section in J&K.

First proposal - Abolish most of the rules of Article 370 granting special status to Jammu and Kashmir.

Second proposal - Abolition of state rights (35A) defining permanent residents.

Under both the resolutions, a proposal to abolish Special  Sections 370 and 35A of Jammu and Kashmir was proposed in the Rajya Sabha. On the other hand, both the bills proposed a re-formation of Jammu and Kashmir and 10 per cent reservation to economically weaker section in J&K.

Despite opposition revote, all the resolutions were passed in the Rajya Sabha on Monday. That is, the path to dividing Jammu and Kashmir into two Union Territories, Ladakh and Jammu and Kashmir was cleared. There will be an assembly in Jammu and Kashmir but there will be no assembly in Ladakh.

These proposals were presented in the Lok Sabha on Tuesday. After getting a day's discussion, it got approval from the Lok Sabha and Jammu and Kashmir got divided into two union territories.

What is Article 370?

Jammu and Kashmir was given special status under Article 370. This article was added to the Constitution in 1949. The state has its own constitution. The law of the land did not apply here. The Government of India could only intervene in defence, foreign and communication matters in the State.

Who wrote?

Constitution maker B.R Ambedkar had refused to write article 370 in the constitution of India. This section was then prepared by Gopalaswami Ayyangar of Tamil Nadu. Ayyangar was a minister without a ministry in Nehru first cabinet. He was also the Diwan of Maharaja Hari Singh of Jammu and Kashmir.

What is Union Territory?

Union Territory means that the central government will now have direct rule there. Jammu and Kashmir will have assembly elections, but earlier it had a tenure of 6 years. From now on will be 5 years old only. On the other hand, Ladakh will have an administration like Chandigarh. There will be no assembly.

How is union territory different from the common state?

The rule in the Union Territory is in the hands of the Lieutenant Governor appointed by the President. In the absolute states, elected government are best as compare to Union Territory. The elected government in the full state has more powers. However, important laws in the Union Territory require the approval of the Lieutenant Governor.

Article 370 end from Article 370?

In Parliament Opposition said that amendment in Constitution is necessary for changes in Article 370. Amit Shah replied, "There is no legal obligation to amend the Constitution to declare Article 370 ineffective. This provision may be amended only through a notification of the President.

Shah said clause 3 of Article 370 provides for empowering the President to abolish Article 370 by a notification. But In this provision consent must be obtained from the state assembly before the change in Article 370. But this obligation is not necessary due to the imposition of President rule in Jammu and Kashmir.

Important points after Article 370 is revoked

  • The President will appoint the Lieutenant Governor.
  • Now the Home Ministry will run.
  • The Bureaucracy will also be controlled by the Centre.
  • Right to Information will now applicable.
  • Investment will grow in the state.
  • Ladakh dependence will be reduced.
  • Hindus and Sikhs will get reservation.
  • No dual citizenship
  • Central law can directly apply
  • No separate law for Jammu and Kashmir
  • Indian citizens from other states can buy property
  • Centre can declare financial emergency (Article 360)
  • No two flags
  • Elections every five years
  • Police will be managed by the centre