All you want to know about 'Article 370’ and its demolition
Here comes the historic moment in the Indian constitutional history as Home Minister Amit Shah announced the scrapping of Article 370 inside the parliament in the morning. Article 370 of the Indian constitution is an article that gives autonomous status to the state of Jammu and Kashmir.
The article is drafted in Part XXI of the Constitution as Temporary, Transitional and Special Provisions. Under this article, the centre needs the state government's concurrence to apply laws except in defence, foreign affairs, finance and communications. Even supreme court didn’t have authority to interfere in the legal matters of Jammu & Kashmir and the complete authority rests with the state’s providence.
It means the state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. As a result of this provision, Indian citizens from other states cannot purchase land or property in Jammu & Kashmir. Among other things, it deprives the state's female residents of property rights if/when they marry an 'outsider'. The provision also extends to children born of any such women.
The provision was drafted in 1947 by Sheikh Abdullah, the then prime minister of J&K appointed by Maharaja Hari Singh and Jawaharlal Nehru.
Here are the points that are articulated under Article 370 -
1)J&K residents have dual citizenship and their own national flag
2)Tenure of all states government is five years but that of J&K parliament is six years
3)Disrespecting Indian flag and other national symbols is not a crime in J&K
4)Indian Supreme Court has no jurisdiction in J&K
5)Indian parliament can make laws in a very limited domain (like defence). Majority of powers are with J&K parliament
6)A J&K citizen loses its J&K citizenship if she/he marries an Indian
7)Pakistani resident gains J&K citizenship if she/he marries a J&K citizen
8)RTI, RTE, CAG and majority of Indian laws are not applicable
9)Kashmir forces sharia law on its citizens especially women
10)Kashmir doesn’t have a panchayat system
11)Hindus and Sikhs are a minority but they don’t get 16% reservation
12)Because of Article 370, No outsider (Indians) can purchase a land in J&K
With the situation now on a knife's edge, here is what the momentous decision would mean for the restive state.
Following his proposal to revoke Article 370 in J&K, Home Minister Amit Shah on Monday said that Jammu & Kashmir and Ladakh will become Union Territories. Shah has proposed Ladakh becoming a UT without a legislature and Jammu & Kashmir becoming a UT with a legislature. Shah added the decision has been taken keeping in view the prevailing security situation.
Now all the above rules will get demolished from now on and the J&K has become a union territory just like Andaman & Nicobar Islands Dadra and Nagar Haveli, Lakshadweep, Puducherry, Chandigarh, Daman and Diu and New Delhi.
The government took the opportunity of not having state government in Jammu and Kashmir and revoked the Article 370 with the help of the Governor.