After the removal of article 370, what changes were brought into the J&K act? The re-organisation of J&K is the major shift in the history of India. Let’s dig deep.
The Kashmir historic dispute is a long-running and consequential dispute between Pakistan and India. Several worldwide and bilateral efforts have failed to resolve this issue. Both countries have experienced a series of hot and cold conflicts that have strained relations between the two countries.
Pakistan, which supports Kashmiris’ right to self-determination under the UN Declaration (1948-49), has repeatedly opposed India’s efforts to strengthen its control of Kashmir by force.
It grants certain rights and privileges in the real estate sector, public sector employment, bursaries, and other forms of social assistance. In addition, Jammu and Kashmir were granted special status within India under Article 370 of the Jammu and Kashmir Reorganisation Act 2019.
The Legal History Of Jammu And Kashmir
On August 5, 2019, the Central Government revoked articles 370 and 35A, which grant special status to Jammu & Kashmir, and divided the state into two union territories, namely, Jammu and Kashmir and Ladakh.
In the state of Jammu and Kashmir, Article 370 and Article 35A were important legislation. Article 35A of the Constitution of India is a unique provision that gives the Legislature of Jammu and Kashmir total independence in making provisions for the state’s permanent residents.
The most controversial piece of legislation in the Indian Constitution was Article 370. However, article 370 is intended to be a temporary measure, and the President of India has the authority to declare Article 370 and amend it.
Article 35A And 370
Article 370 of the Constitution of India deals with the provisional provisions of Jammu and Kashmir. Article 35A and 370 can get divided into three sections:
- Legislation that empowers the Parliament in Jammu and Kashmir state
- In general, the Parliament has the power to legislate in all areas of the middle and corresponding lists. However, Article 370 limits the legislative authority of the Jammu and Kashmir state.
According to Article 370, the Parliament can only pass the Jammu and Kashmir legislation if it is on the central or concurrent list, which was agreed upon during the signing of the entry instrument.
Defence, Communications, and Foreign Affairs were the three areas where the Parliament could pass Jammu and Kashmir legislation. These three sections cover 31 central and state government issues. Jammu and Kashmir management agreement is needed if the Parliament wants to expand its scope to more than 31 issues.
Generally, when the Parliament enacts legislation such as the Right to Information Act (RTI), Good and Services Tax (GST), etc., it applies to all states except Jammu and Kashmir.
In the case of Jammu and Kashmir, however, any legislation passed by Parliament must be approved by the state assembly. Therefore, only Jammu and Kashmir will be affected if the State Assembly approves the law.
Provisions Of The Indian Constitution Applicable To Jammu And Kashmir State
In Jammu and Kashmir state, Article 1 and Article 370 of the Constitution of India shall apply. In addition to these two articles of the Indian Constitution, the sections defined by President Eisenhower’s decree in 1954 shall apply to Jammu and Kashmir provinces.
The President’s order has changed over time. Some sections and clauses of the Indian Constitution do not apply to Jammu and Kashmir provinces.
Procedure To Cease Article 370 Of The Constitution of India
Article 370 will only get abolished if the Constituent Assembly of Jammu and Kashmir agrees and the President of India announces that by public notice. However, the Jammu and Kashmir Constituent Assembly was dissolved in 1957.
Indian citizenship has been granted to the people of Jammu and Kashmir by the passage of Article 370 in the Indian Constitution through the leaders and the constituent assembly in Jammu, and Kashmir demanded that the existing laws and the heads of the Jammu and Kashmir provinces be treated differently.
President Dr Rajendra Prasad then used the presidential proclamation in 1954 under the Delhi Convention to add Article 35A to the Indian Constitution, fulfilling the aspirations of the leaders and the Jammu and Kashmir members’ assembly.
Article 35A describes the Rights of the Permanent Residents of Jammu and Kashmir. These residents then have certain rights and privileges granted by the legislature.
Conclusion
When British India separated into two territories in 1947, the India-Pakistan deadly conflict broke out. Both India and Pakistan sought the princely rule of Jammu and Kashmir at that time.
Territorial disputes between the two countries culminated in three major wars and many other disputes. Despite efforts to restore peace, the situation is far from stable. While the abolition of Art 370 is a good idea, it will not guarantee progress or positive development in the region. The Jammu and Kashmir re-organisation act 2019 is new hope for the citizens of Jammu and Kashmir.
Kashmir is a very controversial region, especially since the time of the abolishment of Art 370. As a result, the Indian government must be careful when enacting new legislation or amending existing laws, and the people of Kashmir must take precedence.