Amid the uproar in the Rajya Sabha over scrapping the Article 370, many parties came together in support of what is termed as a historic move by Modi government. With the resolution to revoke Article 370, Union Minister Amit Shah fulfilled the most desired promise made during the 2019 election campaign. The annulment of the article brings the state under the governance of Central government.
People celebrating, parties speaking in one voice, the nation stands together as the most awaited decision came along this morning. With what’s brewing in Jammu and Kashmir and if the state is in for some major developments, all questions and doubts were answered as Amit Shah spoke in Rajya Sabha on scrapping the Article 370 which binds the state with special status.
What is Article 370?
Incorporated in the Constitution on October 17, 1949, Article 370 exempts J&K from the Indian Constitution (barring Article 1 and Article 370 itself) and allows it to draft its own Constitution.
As per the Constitution of India, Article 370 grants special autonomy to Jammu and Kashmir and is also temporary in nature. The provisions of Article 238, which was omitted from the Constitution in 1956 when Indian states were reorganised, cannot apply to the state of Jammu and Kashmir. Article 370 has been drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions. The Indian Parliament cannot increase or reduce the borders of J&K.
What is Article 35A?
Article 35A of the Indian Constitution authorises the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents. Added to the Constitution through a Presidential Order, it defines the special rights enjoyed by the residents of Jammu and Kashmir.
As per this law, permanent residents of Jammu and Kashmir have the right to own immovable property, settle permanently, or avail state-sponsored scholarship schemes. It further restricts companies from hiring non-J&K residents if they want to operate in the state.
A person who is not from J&K cannot obtain a state government job. Non-J&K resident cannot join any professional college run by the government of Jammu and Kashmir or get any form of government aid
Article 35A was incorporated into the Constitution in 1954 by the orders of the then president Rajendra Prasad on the advice of the Pandit Jawaharlal Nehru Cabinet.
What will happen if Article 370 is scrapped?
The Article 370 gives special status to the state of Jammu and Kashmir, so if this article is revoked Jammu and Kashmir will no longer be an autonomous state there will be no dual citizenship. Along with it the state will not have a separate flag.
After Jammu and Kashmir’s special status is scrapped, people from anywhere in India will be able to buy property and permanently settle in the state. Jammu and Kashmir will not need any consent from the state government to make a law. Jammu and Kashmir police will come under the central government’s central home department. The removal of Article 370 also means that there would be no permission required to set up industry and infrastructure. This will entail replacing the RPC with the IPC and every amendment of the Constitution will be applicable to the rest of India will automatically apply to Kashmir as well.
Opportunities for jobs and educational institutes would be open to everybody.
Scrapping of the Article will also allow West Pakistan refugees, Dogras, Bakarwala and Kashmiri Pandirs would have equal stake in the state without any permissions.
COURTESY:- NEWS BHARATI