Abrogation of Article 370 – Notes
1) Article 370 provides constitutional position to the State of Jammu and Kashmir. Due to its accession to the territory of India, it has been given such a special status from the very beginning.
2) Under Article 370 ,the state was given the power to have its own constitution.
3) It was a temporary provision, when the ruler of J&K , Maharaja Hari Singh signed the instrument of accession where he only surrendered three subjects under the control of India i.e. External affairs, Defence and Communication.
4) The power of the Union of India was restricted, as regards to other states. The Union of India could not declare financial emergency or emergency in cases where the constitutional machinery fails in the State of J&K. The union could only declare emergency due to war or external aggression as it falls under the scope of defence.
5) The other constitutional powers of the Central Government which apply to other states do not apply in the State of Jammu and Kashmir, it could be extended only if the State Constituent Assembly separately passes such power.
6) Once the State Constituent Assembly finalized the scheme of powers and was dispersed, no further changes of powers was possible.
7) This Article could be abrogated or amended only when the State’s Constituent Assembly recommends so.
8) Home minister Amit Shah on 5th August, 2019 announced in Rajya Sabha about the order issued by the President of India removing all the restrictions on the State of J&K.
9) President issued notification rendering Article 370 inoperative and introduced Jammu and Kashmir Reorganization Bill,2019.
10) The government used the fact of J&K being under President’s Rule. Article 356 states that the president takes over administration of the state, and parliament performs the legislative functions of the state assembly.
11) Changes made after the abolition of Article 370 :
I. Separate constitution, flag or anthem of J&K abrogated.
II. Territory of Jammu and Kashmir converted to two separate union territories – Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
III. These territories came into existence on 31st October,2019 – day celebrated as National Unity Day.
IV. President’s Rule is not applicable as Union Territory is controlled by the Central Government.
V. Right to Information Act is now applicable replacing the Freedom of Information Act, 2002.
VI. People from anywhere in India can buy the property and settle in the territory which was earlier prohibited by Article 35(A) which has been declared null and void.
VII. The Centre can declare financial emergency in the State.
VIII. Citizens of the territory now have the fundamental rights that were already enshrined in our constitution.
IX. Removal of dual citizenship, all the people of J&K would now have single citizenship.
X. Reservation of Minorities i.e. Hindus and Sikhs.
12) The abrogation of Article 370 would end nepotism and corruption, and would work towards the welfare of the people.
13) Local youth would have enough employment opportunities as both state and private companies would set up in the territory.
14) The territories have the potential to become great tourist destinations.
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