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It may be mentioned here that Article 370 cannot be repealed or abrogated without a constitutional amendment in accordance with Article 368.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 REVOKED||AFTER REVOKED|
|Special powers exercised|
|No special powers now|
|Dual citizenship||Single citizenship|
|Separate flag for J&K||Tricolour will be the only flag|
|Article 360 (Financial Emergency) not applicable||Article 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 applicable||RTI 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
|A woman will not lose rights/citizenship|
even if she marries out of state or country
|No rights for panchayats||Panchayats will have the same rights as in|
|Right to Education (RTE) was not applicable||Children in the state will benefit from RTE|