5 August 2019, will always be remembered as a turning point in the geographical, constitutional and political discourse of Jammu and Kashmir. The scrapping of Article 370, 35 A and J&K reorganization bill has brought Inqualab in the state. Before highlighting key changes that were introduced today let’s make a brief discussion on Article 370 and 35A.
What is Article 370?
Article 370 — comes under Part XXI of the Constitution, deals with “Temporary, Transitional and Special provisions” — granted J&K some special powers. Under this article, the Centre needs the state government’s concurrence to apply laws — except in defence, foreign affairs, finance, and communications.
Note: The construction makers always deemed Article 370 as temporary and thus listed it in Part XX11 of the constitution. The debate in constituent assembly on Article 370 clearly reflects the idea that Article 370 was to be introduced for a short period of time.
What is Article 35 A?
Article 35 A of the Indian constitution is an article that empowers the Jammu and Kashmir state’s legislature to define ‘Permanent Resident’ of the state and provide special right and privileges to those permanent residents.
Article 35 A was inserted to Indian constitution with a presidential order on May 14, 1954. This Article was never presented before Parliament. It was not discussed and debated in Parliament of India and thus it is questionable on the ground that it was not added to the constitution as per the procedure prescribed in the constitution. It clearly violates Article 368 of the Indian constitution and therefore has no constitutional validity.
The J&K reorganization bill seeks to divide J&K into two UT’s
1. Jammu Kashmir with constituent assembly( Like Delhi)
2. Ladhak with no constituent assembly.
Besides, these major changes have introduced in the administration and citizenship provisions which are briefed below-
3. The separate constitution of J&K has come to an end and laws similar to those of Delhi will govern it.
4. The provision of two flags has been also withdrawn. Only, Tiranga will be hoist.
5. New Delimitation commission will be set up to reorganize the number of seats in the constituent assembly.
6. The words such as secular and integrity of preamble of the Indian constitution will be extended to the J&K(UT)
7. Right to education will also be implemented in J&K
8. Jammu and Kashmir legislative assembly tenure will be brought as par to other assemblies in the country i.e is 5 years.
9. J&K Legislative Council will cease to exist.
10. The office of the governor will be replaced by Lieutenant general.