The After-Effects of Amending Article 370

President Ram Nath Kovind on Monday issued Constitution (Application to Jammu and Kashmir) Order, 2019, which called for provisions of the Indian Constitution be applicable in the state “at once”. Notably, the President’s Order will supersede the Constitution (Application to Jammu and Kashmir) Order, 1954.

Despite tension, fears, and huge anticipation of a big move in the valley, the BJP Government has finally dropped the big Kashmir bomb today. The Home Minister, Mr Amit Shah said in Parliament that Article 370 of the Constitution, which grants special status to Jammu and Kashmir, has been amended. The Home Minister added, Jammu and Kashmir will be a separate Union Territory with a legislative assembly and Ladakh will be a separate Union Territory (UT) without an assembly. Jammu and Kashmir being a UT with the assembly will have a partial statehood status with an elected assembly and LG whereas Ladakh will be ruled directly by the Union Government through LG. Article 370 of the Constitution was a ‘temporary provision’ which promised to grant autonomous status to Jammu and Kashmir and limit the Parliament’s powers to make laws for the State. Constitutional provisions that were applicable to other Indian states are not applicable to J&K. Under Part XXI of the Constitution titled “Temporary, transitional and special provisions”, Article 370 is categorised as a “temporary provision with respect to the State of Jammu and Kashmir”.

Before the amendment, the Centre needed the State Government’s concurrence to apply laws — except in defence, foreign affairs, finance and communications. It meant the State’s Residents lived under a separate set of laws, including those related to citizenship, ownership
of property, and fundamental rights, as compared to other Indians.

What will happen to J&K now?
After’s Kashmir special status is gone, people from anywhere in India will be able to buy land, property or permanently settle in the State.
The BJP has fulfilled their promise as quoted in their manifestos. The BJP manifesto stated:
“In the last five years, we have made all necessary efforts to ensure peace in Jammu and Kashmir through decisive actions and a firm policy. We are committed to overcoming all obstacles that come in the way of development and providing adequate financial resources to all the regions of the state. We reiterate our position since the time of the Jan Sangh to the abrogation of Article 370,”.
It is now left to see the real after-math of such a historical event.

President Ram Nath Kovind on Monday issued Constitution (Application to Jammu and Kashmir) Order, 2019, which called for provisions of the Indian Constitution be applicable in the state “at once”. Notably, the President’s order will supersede the Constitution (Application to Jammu and Kashmir) Order, 1954.

Amid tension, fears, and huge anticipation of a big movein the valley, BJP Government has finally dropped the big Kashmir bomb today, Home minister, Amit Shah said in Parliament today that Article 370 of the Constitution, which grants special status to Jammu and Kashmir, has been amended. The home minister added, Jammu and Kashmir will also be reorganised, Jammu and Kashmir being a separate Union territory with a Legislative assembly and Ladakh a separate Union territory without the assembly. Jammu and Kashmir being the UT with the assembly will have a partial statehood status with an elected assembly and LG whereas Ladakh will be ruled directly by Union Government through the LG.

Article 370 of the Constitution was a ‘temporary provision’ which promises to grant autonomous status to Jammu and Kashmir and limits parliament’s powers to make laws for the state. Constitutional provisions that are applicable to other Indian states are not applicable to J&K. Under Part XXI of the Constitution titled “Temporary, transitional and special provisions”, Article 370 is categorised as a “temporary provision with respect to the state of Jammu and Kashmir”.

Under this Article, the Centre needs the State Government’s concurrence to apply laws — except in defence, foreign affairs, finance and communications. 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.

After being re-elected in national polls this year, BJP as quoted in their manifestos have tried to fulfil that promise, it is now left to seen the real after-math of such a historical event.”In the last five years, we have made all necessary efforts to ensure peace in Jammu and Kashmir through decisive actions and a firm policy. We are committed to overcoming all obstacles that come in the way of development and providing adequate financial resources to all the regions of the state. We reiterate our position since the time of the Jan Sangh to the abrogation of Article 370,” the BJP manifesto for the national polls read.

Saurabh Yadav

Intern, The Indian Lawyer