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Removing of Article 370 of Constitution

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Removing of Article 370 of Constitution

Friends, Removing of Article 370 of Constitution in Jammu and Kashmir. And, we provides you to what are big Implication for removing Article 370. What are the special privileges receive by the state of Kashmir, which are not available to the citizens of another state in the country?

Removing of Article 370 of Constitution

Jammu and Kashmir now to be a Union Territory not a State. The Centre on August, 2019 scrapped Article 370 of the Constitution that grants special status to Jammu and Kashmir.

Government has decided to bifurcate the state into two Union Territory.

  1. Jammu and Kashmir
  2. Ladakh

Now, Jammu and Kashmir is treat as Union Territory with Legislature. And, Ladakh is treat as Union Territory without Legislature.

Article 370 is a temporary provision that reverse the purpose of granting special autonomous status to Jammu and Kashmir.

It makes special provisions for the state and that are not applicable to other states.

Abrogation would revert the relationship between Jammu and Kashmir and India to the term of the accessions instruments.

After Removing article 370, in India there are 9 Union Territory. Which are as follows:

  1. National Capital Territory of Delhi – Delhi.
  2. Chandigarh – Chandigarh.
  3. Daman and Diu – Daman.
  4. Dadra and Nagar Haveli – Silvassa.
  5. Pondicherry – Puducherry.
  6. Andaman and Nicobar Islands – Port Blair.
  7. Lakshadweep – Kavaratti.
  8. Jammu and Kashmir.
  9. Ladakh

Big Implication of removing Article 370

  • No Separate state Flag.
  • Lost Autonomy special status.
  • States to be bifurcated
  • Jammu and Kashmir state laws become irrelevant. i.e. No Separate laws for Jammu and Kashmir.
  • All clause of article 370 to be null and void.
  • No special rights and privileges for Jammu and Kashmir.
  • Assembly duration for 6 year is revoke. And, now election of Assembly in every 5 years.
  • Indian citizen from other states can buy land and property.
  • Centre can declare financial emergency under article 360 of Constitution.
  • No Dual Citizenship.
  • Police will be managed by the Centre.
  • Hindu MLAs in Kashmir.
  • Central Laws can directly apply in Jammu and Kashmir..

Special rights and privileges for Jammu and Kashmir

The state of Kashmir has received some of the following privileges which are not available to the citizens of another state in the country.

  • If the Legislature of Kashmir does not approve any law enacted by the Parliament of India, that law cannot be applied in Kashmir. (Excluding defense, foreign affairs and communications).
  • Kashmir has its own separate constitution, just as India is its own constitution. (Kashmir has adopted its own constitution on 17/11/1956)
  • Kashmir is not bound to accept any decision of the Supreme Court of India.
  • Citizens of Kashmir get dual citizenship. One is citizenship of India and the other is citizenship of Kashmir while citizens of other state get only citizenship of India.
  • No person other than a permanent citizen of Kashmir can buy property in Kashmir.
  • If a girl from Kashmir marries a boy from any state in India other than Kashmir, the girl’s permanent citizenship is terminated but if the girl marries a boy from Pakistan, citizenship does not end.
  • Kashmir has its own flag.
  • If a citizen of Kashmir insults an Indian flag or a national emblem, he cannot be punished.
  • The term of MLA in other Indian state legislatures is 5 years while the term of MLA in Kashmir is 6 years.
  • The Indian government can never declare a financial crisis in Kashmir.


Effects of Article 370 in Jammu and Kashmir

Provision Before Removing article 370 Provision after Removing article 370
· Kashmir has its own flag. · No Separate state Flag.
· The Indian government can never declare a financial crisis in Kashmir. · Centre can declare financial emergency under article 360 of Constitution.
·Citizens of Kashmir get dual citizenship.

1. Citizenship of India
2. Citizenship of Kashmir

· No Dual Citizenship.
· Special rights and privileges for Jammu and Kashmir. ·No special rights and privileges for Jammu and Kashmir.
· No person other than a permanent citizen of Kashmir can buy property in Kashmir. · Indian citizen from other states can buy land and property.

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