Kashmir: Before and after Article 370
Last week we told you how Jammu and Kashmir had special privileges despite being an Indian state.
But on Monday, August 5, 2019, the Indian government changed that status after passing an amendment to the Constitution. Now J&K is no more a state but divided into two Union Territories of Jammu & Kashmir and Ladakh. Article 370 of the Indian Constitution which gave special privileges to Jammu and Kashmir stands defunct, and Article 35A is null and void.
Let’s see what has changed with the Presidential order on the state.
Before: Article 370 allowed J&K to have its own Constitution. It gave the state special autonomy, separate state laws, etc.
After: After the revocation of 370, there will be no separate constitution for J&K and its citizens.
Before: Jammu and Kashmir was a state of the country with special provisions given under Article 370 where Ladakh was a part of the state.
After: J&K is a Union Territory now with legislative assembly while Ladakh is an independent Union Territory without any legislature.
Before: The J&K state had two different flags – India and the state. They also had a separate anthem.
After: There would be no separate flag for the state. Tricolour is the only flag and Jana Gana Mana is there anthem now.
Before: The residents of Jammu and Kashmir enjoyed dual citizenship, of both India and Kashmir.
After: The residents of J&K are the residents of India alone.
Before: According to Article 35A, the state assembly defined ‘permanent citizens’ and only the residents of J&K could buy and sell properties in the state.
After: Any Indian citizen will be able to buy and sell properties and settle in J&K.
Before: The citizens of J&K did not have all the Fundamental Rights which were enjoyed by the rest of the country due to its special status.
After: The Fundamental Rights of the people of J&K will be the same as enjoyed by the Indian citizens of other states.
Before: The laws enacted by the Central government had to be approved by the State government.
After: The laws of the Central government would automatically apply to J&K and Ladakh like any other Union Territory.
Before: Kashmiri women, who got married to non-Kashmiris, could not inherit the property in the state.
After: Kashmiri women can inherit properties in the UT even if they married a non-Kashmiri.