Search your Topic HERE....

August 10, 2020

Essay : How will the Abrogation of Article 370 Benefit J&K and Ladakh ?

Leave a Comment

sponsored links

Article 370 was included in the Constitution of India on 17th October 1949 and exempted Jammu & Kashmir from the Indian Constitution (except Article 1 and Article 370 itself). It further allowed J&K to draft its own Constitution and restricted Parliament's legislative powers in respect of J&K. Consultation of the state government was a requisite for extending central law on subjects included in the Instrument of Accession (IoA). However, the concurrence of the state government was mandatory for extending it to other matters. With the Indian Independence Act, 1947 the British India get divided into India and Pakistan and at the same time the IoA came into existence.

The Act provided to the nearly 600 princely states three options : to remain an independent country, join Dominion of India or join Dominion of Pakistan - and this joining with either of the two countries was to be through an IoA. The state willing to join was given the choice of specifying the terms on which it agreed to join.

Article 370 itself mentions Article 1, which includes J&K in the list of states and has been described as a tunnel through which the Constitution is applied to J&K. Article 3 of the J&K Constitution declares J&K to be an integral part of India.

Recent Developments Around Article 370

The contentious Article 370, which provided a special status to J&K, has been revoked recently on August 5 by the present Modi Government. J&K has further been divided into two UTs - J&K and Ladakh. This far-reaching decision seeks to redraw the map and future of a region at the centre of protracted militancy. The two UTs would come to existence on October 31.

The President Ram Nath Kovind in his Independence Day speech expressed his confidence about the immence benefits that the new law and bifurcation of the state of J&K would bring. The changes made in J&K and Ladakh would enable the people to access and enjoy the same rights, privileges and facilities as their fellow citizens in the rest of the country.

Besides progressive, egalitarian laws and provisions related to the Right to Education, people of the region would also be able to access public information throught the Right to Information. The traditionally deprived communities will have access to reservations in education and employment and other facilities. The abolition of unequal practices such as instant triple talaq would serve justice to the Muslim women of the region.

Key Notes from the Prime Minister's Address Post Revocation of Article 370

  • Besides helping in the development of the youth in the region, this act will usher in a new dawn there.
  • Jammu & Kashmir will witness assembly elections from now onwards and people there will have a Chief Minister, MLAs and ministers who will represent them and people will also be choosing their representatives.
  • After 1947, many people who came to India couldn't contest polls in Jammu & Kashmir as they had rights everywhere, except in Jammu & Kashmir. Now with the scrapping of Article 370, the rights of such migratedpeople will be restored.
  • More so, the valley suffered from terrorism and violence where Articles 35A and 370 were often used as tools to spread the same.
  • When laws were made for the entire country, J&K was always exempted from the benefits of such progressive laws.
  • All J&K workers will be benefitted under the employment schemes provided by the government.
  • The decision of creating two UTs namely Jammu and Kashmir and Ladakh was taken by the government after constructive discussions and weighted options. The region will witness the opening of IITs and IIMs and after the normalization of condition in the region, the status of "Statehood" will be brought back in Jammu and Kashmir.
  • The state can become the biggest tourist destination as the government is working on providing a peaceful environment for tourists and the creative bodies (film & theatre) to engage with the state.
  • Sports will get a boost and sporting talents will be provided with the much needed infrastructure to excel.
  • Many endemic plants grown in Jammu and Kashmir can be used for their medicinal properties.
  • Ladakh can become a solar power house and play a crucial role in International Solar Alliance. Without any sort of discrimination, there will be development in the UT.
  • The separatists and their separatists' tendencies will now be given befitting reply by the people.
  • People in the valley region will celebrate festivities without any hurdles.
  • The dreams of accelerated development, effective and transparent governance and yet a smaller footprint of government in people's everyday life would now be realized with ease.

Key Changes :

  • The ending of the special status of J&K in the India Union will now let the government extend all provisions of the Constitution to the State in one go. Besides this, it will also allow all citizens to buy property and vote in the State.
  • All Central laws, instruments and treaties will now be extended to Kashmir. The drastically altered Article 370 will however stay on the statute books.
  • The Union Territory of J&K will have a legislature, but Ladakh will not have the same.
  • The Bill proposes wide powers to the Lieutenant Governor of the proposed Union Territory of J&K and makes it the "duty" of the Chief Minister of the Union Territory to "communicate" all administrative decisions and proposals of legislation with the LG.
  • The new Union Territories of J&K and Ladakh will see the application of the recommendations of a Central Committee within a year.
  • Until all the allocations of employees of State public sector undertakings and autonomous bodies are determined, they will continue in their posts for another year.
  • The police and pubic order is to be with the Centre.
  • The notification amends the expression "Constituent Assembly", contained in the provision to clause (3) of Article 370, to mean "Legislative Assembly".

Impact :

The tabling of the proposed Reorganization Bill indicates the end of the long reign of the 1954 order that had introduced a provision to Article 3 that states that "no Bill providing for increasing or diminishing the area of the State of J&K or altering the name of that State shall be introduced in Parliament without the consent of the Legislature of that State". That power of the State Legislature to give prior consent does not exist anymore.

With this, the Parliamentary laws including that of reservation, would apply to J&K as it does in other parts of the country. It further madates that no proclamation of Emergency on grounds "only of international disturbance or imminent danger shall have effect" in the State unless with the concurrence of the State government

This has been called by the government as the end of "positive discrimination"and the closing of the 'gap' between residents of J&K and citizens of other parts of the country.

shared by Nisheeta Mirchandani
sponsored links

0 Responses:

Post a Comment

Related Posts Plugin for WordPress, Blogger...