Article 370
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Article 370: Before And After The Revoke

DAILY BYTES

The Union Home Minister Amit Shah on Monday declared in the Rajya Sabha that the Union has decided to “revoke” Article 370 from the state of Jammu & Kashmir.

The minister, however, said that the government was not “scraping” or “abrogating” Article 370 of the Indian Constitution.

“Not all the provisions of Article 370 will now be implemented in Jammu and Kashmir,” Shah said.

“The government has used the same Article 370 to announce that special status granted to Jammu and Kashmir under this Article has ended,” Shah added.

It may be mentioned here that under Section 3 of Article 370 the President of India is empowered to decide the limit of the jurisdiction of the Indian Constitution over the state.

It is pertinent to mention here that Article 370 stays very much as part of the Constitution.

It may be mentioned here that Article 370 cannot be repealed or abrogated without a constitutional amendment in accordance with Article 368.

Union Home Minister Amit Shah did not move any such bill on Monday in the Rajya Sabha.

Now, the provisions of the Indian Constitution will be fully implemented in Jammu & Kashmir as earlier only a set of limited provisions had jurisdiction over Jammu and Kashmir.

Thus, this has brought an end to the separate constitution of Jammu and Kashmir.

Amit Shah also moved a resolution of bifurcating the state of Jammu & Kashmir and once (if) the resolution if adopted by the Parliament, then J&K will become two Union territories- Jammu-Kashmir and Ladhak.

J&K will have a legislature and its status will be at par with Delhi and Puducherry.
Its governor will be called Lieutenant Governor.

Following table attempts to highlight the “before” and “after the revoking of Article 370.

BEFORE REVOKEDAFTER REVOKED
Special powers exercised
by J&K
No special powers now
Dual citizenshipSingle citizenship
Separate flag for J&KTricolour will be the only flag
Article 360 (Financial Emergency) not applicableArticle 360 will be applicable
No reservation for
minorities such as
Hindus and Sikhs
Hindu and Sikh minorities will be eligible
for 16 per cent reservation
Other Indian citizens can’t buy land or property Other Indians citizens will now be able to purchase land and property in J&K
RTI not applicableRTI will be applicable
Duration of Legislative
Assembly for 6 years
Assembly duration in UT of J&K will be
for 5 years
J&K woman would lose
citizenship if marries out
of state
A woman will not lose rights/citizenship
even if she marries out of state or country
No rights for panchayatsPanchayats will have the same rights as in
other states
Right to Education (RTE) was not applicableChildren in the state will benefit from RTE

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