Jammu & Kashmir No Longer A Unique State
Central Government Takes A Historic Decision, Removes Article 370
In a Historic Decision, the Modi government on Monday changed the terms of commitment with Jammu and Kashmir by doing away the unique status the state appreciated under article 370 resulting Jammu & Kashmir no longer a unique state, rejecting the article 35A and part the delicate border state into two Union Territories of J&K and Laddakh.
After a move planned with precision and complete suspense for a week of intense security build up in the state- additional paramilitary troops deployed, the Amarnath Yatra was cut short, tourists and non-Kashmiri students were advised to leave Kashmiri leaders, including Mehbooba Mufti, Omar Abdullah detained internet and phone connections suspended, the moment, Home Minister Amit Shah entered the premises of Loksabha, on Monday, 5 August 2019, the way the MPs pf ruling party welcomed him, it was the clear sign that history was about to make within the Parliament. With the start of the session, Union Home Minister stated that there are four bills and issue that needs the discussion before the Kashmir situation has the debate. Following this, Amit Shah proposed the Removal of Article 370. The removal of Article 370 results in the scrapping of Article 35A.Later on, the Bill passed in Rajyasabha with 125 votes in favor whereas61 votes were against it. He further added the division of the state into to Union Territories; one is Jammu & Kashmir itself another is Laddakh. And on Tuesday, 6 August 2019, with the passing of the J-K bifurcation Bill in Loksabha with 351 votes in favour and 72 votes against to Jammu & Kashmir no longer a unique state , Article 370 is altogether scrapped. The proposed J&K UT will, similar to Delhi and Puducherry, have a legislature assembly, while Laddakh, like Chandigarh, won’t have one.
What is Article 370:
Under this newsletter, the centre needs the state government’s concurrence to use laws — except in defence, overseas affairs, finance and communications.
It manner the state’s residents stay beneath a separate set of laws, including the ones associated with citizenship, ownership of assets, and essential rights, as compared to different Indians. As a end result of this provision, Indian citizens from different states can not purchase land or assets in Jammu & Kashmir.
Under article 370, the centre government has no power to declare financial emergency in the state.It can declare an emergency in the state only in case of war or external aggression
What is Article 35(A):
Article 35A lets in the kingdom legislature to define the Jammu and Kashmir’s everlasting citizens. The article were inserted thru the Constitution (Application to J&K) Order, 1954. It was issued by way of the then President Rajendra Prasad beneath Article 370 on PM Nehru’s advice.
The kingdom’s Constitution, on the time of its adoption in 1956, defined a everlasting resident as a person who turned into a nation challenge on May 14, 1954, or who has been a resident for 10 years, and has lawfully received immovable assets.
What this clause method is that no outsider can now personal assets in J&K or get a state process.
Jammu & Kashmir, Then and Now:
|J&K Before||J&K After|
|Unique Statue||Union Territory|
|Article 370 and Article 35A Applicable||Only Article 370(1) Applicable|
|Dual Citizenships||One Citizenship|
|Separate Flag||National Flag|
|Section 356 not applicable||Section 356 applicable|
|Governor rule apllicable||President rule applicable|
|No reservation to minorities||Reservation to minorities|
Several Opposition Members Defy Party Lines To Support Governments Moves
After the center government revoked Article 370 and Article 35A, reversing Jammu & Kashmir Special status. In the middle of all the chaos, there were all kinds of emotions on display from various members. Some were happy about this, whereas some seemed to be horrified.
It wasn’t enough, and Marshalls were called in by the chairman of the Assembly, to escort 2 PDP’s MP, out of the House, which was reportedly the first case in 11 years, Reports HINDUSTAN TIMES.
From NDA alliance, only Nitish Kumar’s JDU opposed the Bill. From the opposition side, several parties like BSP, TDP, AAP supported the Government’s move. TMC, NCP walked out of Parliament amid Kashmir debate.
While the senior opposition party INC(Indian National Congress) found divided. India National Congress termed the revoking of Article 370 a “catastrophic step.” The Congress accused the BJP of taking the decision “for votes” and said it marks a “black day” in the constitutional history of India.
Congress leader Ghulam Nabi Azad Monday charged that the Kashmir’s head, considered as India’s crown, has been “chopped off” and its identity removed.
Congress leader Kapil Sibal said, “Congress won Kashmir, and you lost Kashmir.”
Scindia said the move is in the country’s interest and hence he supported it.
A statement from Congress leader Adhir Ranjan Chowdhury affects INC to face the wrath of Indian Citizens.
Adhir Ranjan Chowdhury, Congress, in Lok Sabha: “You say that it is an internal matter. But it is being monitored since 1948 by the UN, is that an internal matter? We signed Shimla Agreement & Lahore Declaration, what that an internal matter or bilateral?”
That wasn’t it. Another Congress leader Manish Tewari also, referred to the novel Fifty Shades of Grey while explaining the stand of his party on the revocation of Article 370.
Soon after these statements made by the Congress MPs, #ShameOnCongress started trending on Twitter.
Congress is being slammed for their disgraceful comments on the movement of government in scrapping Article 370.