In the Historical move the BJP led NDA Government on Monday nullified Article 370 of the constitution that grants special status to Jammu and Kashmir. Home Minister Amit Shah moved resolution in the Rajya Sabha stating the all clauses of Article 370 will now no longer be applicable in the state. Home Minister also informed that President Ram Nath Kovind has signed official notification that abrogates Article 370. Amit Shah also moved another bill to Bifurcate the state into two union territories, one Jammu & Kashmir and other Ladakh.
5 August 2019, a significant date for India as well as Jammu and Kashmir. A day on which President Ram Nath Kovind promulgated the constitution application to Jammu and Kashmir order 2019, that states that provision of the Indian Constitution will be applicable to Jammu and Kashmir. The order which came into force immediately supersedes the Constitution application to Jammu and Kashmir order 1954.
For this purpose Clause 4 has been added to Article 367 in the constitution introducing 4 changes.
1) Any further reference to constitution of Jammu and Kashmir will be construed as reference to the Indian Constitution.
2) References to Sadar-i-Riyasat of Jammu and Kashmir shall be construed as reference to the Governor of Jammu and Kashmir.
3) References to Government shall be construed as the references to the Governor of Jammu and Kashmir including council of ministers acting on his advice.
4) The expression Constituent Assembly of the state shall be read Legislative Assembly of the State.
Changes after Abrogation of Article 370.
No separate Constitution, Flag for Jammu and Kashmir.
Citizens from other state can buy property in Jammu and Kashmir.
J&K will be Governed by laws applicable to rest of India.
BIFURCATION: Jammu and Kashmir will be Union territory with legislature like Delhi and Puducherry. While Ladakh will have no legislature like Chandigarh.
Analysis of Article 35A.
Apart from Article 370, Article 35A also gives special rights to Citizens of Jammu and Kashmir. Article 35A allowed the state legislature to define Jammu and Kashmir's permanent residence.
The article had been inserted by our Constitution Order issued by then President Rajendra Prasad on the advice of then Prime Minister Jawahar Lal Nehru.
This particular Article prevents the people of other state from buying real estate in J&K. This has meant that "many people who have come from outside and are living in the state for last several decades have not got any right in the state."
Article 35A was given by Presidential Ordinance not through the Constitutional amendment under Article 368.
This has also been revoked now.
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