Abrogation of Article 370 for Jammu and Kashmir and its consequences explained

Home Minister Amit Shah tabled a proposal to revoke Article 370 from Jammu and Kashmir allowing its full integration into Indian Union on August 5 in Parliament. historic moment was met with a massive uproar in Rajya Sabha. 

Home Minister in his proposal stated that Modi government, under advisement of recommends revocation of Article 370. He added that Centre has brought four proposals pertaining to state to Parliament.

BJP had long opposed special status provided for state. In previous NDA government led by former PM Atal Bihari Vajpayee, Article 370 could t be removed due to lack of a majority. 

Abrogation of Article 370 was even a part of BJP's manifesto ahead of Lok Sabha 2019 elections. 

READ| J&K: Home Minister Amit Shah Proposes Article 370's Revocation, Centre Brings 4 Proposals About Kashmir To Parliament

What is Article 370?

Article 370 of Indian Constitution is a 'temporary provision' which grants automous, special status to state. Under part XXI of Constitution that looks at 'Temporary, Transitional and Special provisions,' state was accorded with special status under Article 370. All provisions of Constitution applicable to or states are t applicable to Jammu and Kashmir. 

In 1947, provision was drafted by Sheikh Abdullah, who was appointed as Prime Minister of Jammu and Kashmir by Maharaja Hari Singh and former India PM Jawahar Lala Nehru. 

As per provisions of article, Parliament needs state government's concurrence for applying laws except for defence, foreign affairs, communications and finance. Hence, residents of state live under a separate set of laws, including citizenship, ownership of property, and fundamental rights, in comparison to rest of India. 

Under Article 370 provisions, Indians from or states are forbided from purchasing property in Jammu and Kashmir. 

Article 370 temporary provision? 

However, despite contradictions, Supreme Court, as well as High Courts, have maintained that Article 370 is a permanent provision of Constitution. In a judgement delivered in 2018, Apex Court had stated that although article is tagged as 'temporary', it is permanent in nature. 

READ| Jammu And Kashmir: Article 35A And Its Significance Explained

What is Article 35A?

Article 35A allows Jammu and Kashmir legislature to define who are permanent residents of state. It was inserted through Constitution (Application to Jammu and Kashmir) Order, 1954, which was issued by President Rajendra Prasad under Article 370, on Centre' s advice i.e.by advice of cabinet of India's n PM Jawahar Lal Nehru.

As per J&K Constitution which was adopted in 1956, it defined a permanent resident as someone who was a state subject on May 14, 1955, or who has been a resident of state for ten years and has lawfully acquired immovable property. A n-state subject cant buy land or settle permanently in Jammu and Kashmir. It also ensures permanent resident's special rights and privileges in government jobs, scholarships, aids and acquisition of property. spirit of article flows from 1827 and 1832 state subject laws of n Dogra ruler.

What are consequences of abrogation?

Article 370 acted as an obstacle for Jammu and Kashmir's complete integration in India. Removal of Article 370 would take back special status from state, allow citizens from across country to settle and buy land in Jammu and Kashmir and subsume people of state into mainstream. 

re would be permission required to set up industry and infrastructure if Article 370 is scrapped. Furrmore, in this case, RPC will be replaced by IPC and every amendment of Constitution will be applicable to rest of India will automatically apply to Kashmir as well. Along with that jobs and educational institutes would be open to everybody. 

removal of Article will also allow West Pakistan refugees, Dogras, Bakarwala and Kashmiri Pandirs would have equal stake in state without any permissions.