The document summarizes the history and implications of Article 370 of the Indian constitution, which granted special autonomous status to Jammu and Kashmir. Key points: 1) Article 370 allowed Jammu and Kashmir to have its own constitution and laws, limiting the central government's power over the state. 2) In August 2019, the government revoked Article 370 through a presidential order and bifurcated Jammu and Kashmir into two union territories. 3) This subjected Jammu and Kashmir fully to Indian laws and removed its special status, but was controversial due to fears over security and democracy. The region faced an internet blackout and arrests of political leaders.

1. PERSPECTIVE AFTER
THE REMOVAL OF 370

2. WHAT IS ARTICLE 370 ?
❖ Article 370 of the Indian Constitution is a 'temporary provision' which grants special
autonomous status to Jammu & Kashmir. Under Part XXI of the Constitution of India, which
deals with "Temporary, Transitional and Special provisions", the state of Jammu & Kashmir has
been accorded special status under Article 370. All the provisions of the Constitution which are
applicable to other states are not applicable to J&K. For example, till 1965, J&K had a
Sadr-e-Riyasat for governor and prime minister in place of chief minister.

3. HISTORY
The provision was drafted in 1947 by Sheikh Abdullah, who had by then been appointed prime
minister of Jammu & Kashmir by Maharaja Hari Singh and Jawahar Lal Nehru. Sheikh Abdullah had
argued that Article 370 should not be placed under temporary provisions of the Constitution. He
wanted 'iron clad autonomy' for the state, which Centre didn't comply with.

4. PROVISIONS
According to this article, except for defence, foreign affairs, finance and communications, Parliament
needs the state government's concurrence for applying all other laws. Thus the state's residents live
under a separate set of laws, including those related to citizenship, ownership of property, and
fundamental rights, as compared to other Indians. As a result of this provision, Indian citizens from
other states cannot purchase land or property in Jammu & Kashmir. Under Article 370, the Centre
has no power to declare financial emergency under Article 360 in the state. It can declare emergency
in the state only in case of war or external aggression. The Union government can therefore not
declare emergency on grounds of internal disturbance or imminent danger unless it is made at the
request or with the concurrence of the state government.

5. REMOVAL OF ARTICLE 370
❖ On 5th august 2019, the government of india issued a constitutional order superseding the
1954 order , and making all the provision of the indian constitution applicable to jammu and
kashmir based on resolution passed in both houses of india’s parliament with ⅔ majority.
❖ Following the resolution passed in both houses of the parliament , he issued a further order on
6th august declaring all the clauses of article 370 except clause of article 370 except clause 1 to
be inoperative.
❖ In addition, the jammu and kashmir reorganisation act was passed by the parliament, enacting
the division the state of jammu and kashmir into two union territories to be called union
territory of ladakh. The reorganisation took place on 31 october 2019.

6. IMPLICATIONS OF REMOVAL OF
ARTICLE 370
❖ J&K will no longer enjoy special status now
❖ The Indian Constitution laws will be 100 percent applicable to all residents of Jammu &
Kashmir.
❖ Part 4 of the Indian Constitution, the Directive Principle of State Policy and Fundamental Duties
will now apply to the state of J&K
❖ There will be no separate flag for J&K now
❖ Article 360 (Financial Emergency) of the Indian Constitution will now be applicable
❖ Minorities (Hindus & Sikhs) will have 16% reservation now
❖ Right to Information & Right to Education will be applicable now
❖ The duration of the legislative assembly will now be five years instead of 6

7. CONT….
❖ Article 35A will be nullified. A woman from J&K can still retain her rights and citizenship even if
she marries someone out of the J&K state
❖ The Panchayats will enjoy the same powers as in other states.

8. ADVANTAGES OF REMOVAL OF ARTICLE
370
❖ Finally, it is One Nation One Constitution. This will instil the feeling of unity among all citizens
of India.
❖ It will open doors for private sectors to invest in J&K. This will boost the economy of the state.
❖ There will be the scope of other job opportunities now apart from tourism.
❖ The centre will be able to provide better medical facilities to citizens of J&K now.
❖ Appropriate measures to control corruption can be taken now by the central government.
❖ Authorities are in a better position to curb terrorism now.

9. DISADVANTAGES OF REMOVAL OF
ARTICLE 370
❖ Kashmiri citizens will no longer have dual citizenship, which is not going down very well with
many locals.
❖ How the article 370 was revoked has strained the already delicate relations of India with
Pakistan.
❖ There were several presidential orders issues under Article 370. Repealing it just like that will
create practical difficulties and political vulnerability.
❖ Overall it has instilled fear among a section of citizens about security. Many dread that the way
Article 370 was revoked, the government might take similar actions in other states and people
will have no say. It is a threat to our democracy.
❖ Certain sections of the society have started threatening that they can now marry Kashmiri girls
since they can now marry outside of J&K state without losing their citizenship. This is sexist and
is a threat to the safety of women in Kashmir.

10. ARTICLE 370: CURRENT SITUATION
❖ This decision has garnered a lot of criticism by a large section of general population and the
opposition. There have been mass protests organized in different cities in India in the last few
months. Some have been in support of it and some opposing it. The current Modi government
has been criticized at a national and global level on the way the changes were implemented. It
is considered as a hazard to the human rights.
❖ Major leaders of the popular political parties were house arrested. Internet and telephone
services were revoked. Heavy troops were deployed all across the streets to curb any unrest or
protests. Public movements were banned and schools and offices were shut. Such steps are
considered an outright threat to the democracy. With no direct communication with the local
residents of the Valley, the Government clearly denies any protests took place. However,
certain media outlets have confirmed that there have been protests. Also, forceful arrests are
being taken to infuse fear in the locals so that no unrest outbreak.

11. CONT….
❖ For almost four months Kashmir was completely cutoff with the rest of the world. Gradually
schools, shops and offices have opened. The internet services still remain suspended in the
Valley.

12. WHAT CHANGES WITH SCRAPPING OF ARTICLE
370 ?
❖ Constitution of Jammu and Kashmir:- As for a fact, we know about the separate constitution
for Jammu and Kashmir, but with the scrapping of article 370, it will no longer have a separate
constitution. It has to abide by the supreme law of India, Constitution of India.
❖ Citizenship to its people:- Article 370 promised dual citizenship to the people of Jammu and
Kashmir but after scrapping it, all the people of J&K will be the Citizens of India only. They will
come under the purview of Indian citizens and will be recognized as the same by the other
nations of the world.
❖ Fundamental rights of its citizen:- Prior to the scrapping of the article, the people of J&K did
not enjoy all the rights ensured by the Indian Constitution. It could not enjoy completely due to
the special status and dual citizenship provided to it. This article provided their citizens only
with the Rights in accordance with the state, including property rights and state rights.

13. ❖ Flag of Jammu and Kashmir:- Hereafter, the privilege of having a separate flag for the state is
withdrawn. J&K will be having only the Indian Flag and are obliged to respect the National flag
of India. And it will be on par with the entire country.
❖ National anthem:- Jammu and Kashmir have to forego their state Anthem and adopt the
National Anthem of India. And are hereafter demanded to respect and honour the same.
❖ Working of the legislature:- The legislature of the J&K will be no different from the other state
legislatures. The Jammu and Kashmir legislature will no longer be able to clear bills with
respect to the state. It can decide only for the matters discussed in the state list and few in the
concurrent list and all the matters which fall under the ambit of union list will be solely dealt
with by the central government.
❖ Application of Indian laws:-Earlier, only state laws were applicable to the state of Jammu and
Kashmir but not now. All the central laws will be applicable to this state. A total of 106 Central
laws will be applicable, says Union Home Minister, Amit Shah.

14. ❖ Geographical changes:-Jammu and Kashmir which was a state of India with the exclusive
special provision with Ladakh being part of it is now bifurcated as two union territories with
J&K as one and Ladakh as another. Where J&K is a union territory with legislature and Ladakh
is the one without legislature.
❖ Ownership of property:-Before, only the citizens of Jammu and Kashmir were able to buy and
sell property in Jammu and Kashmir, but now the property of Jammu and Kashmir will not be
restricted only to J&K citizens but also is extended to all the citizens of India.

15. CONCLUSION
However good a Constitution may be, if those who are implementing it are not
good, it will prove to be bad. However bad a constitution maybe, if those
implementing it are good, it will prove to be good. – Bhimrao Dr. Ambedkar
However, in an address to nation, Prime Minister Modi said that article 370 was a hurdle for
development of Kashmir and informed that Jammu and Kashmir will be under Central Government’s
control and also promised to fill in all the vacant jobs in J&K, it decided to give financial benefits to
the Central employees of J&K and security forces [5] and many more promises were made in his
address to Nation.
Anyways, nothing could explain this situation more accurately than the words of Dr. Ambedkar. As he
said, the good or bad lies in the hands of the implementing authority. With that note, this is vivid
that, the world could now hope to see a prosperous and peaceful Jammu and Kashmir, the so-called
heaven on Earth.

16. THANK YOU
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