On 5th August, 2019 the Central Government with political and legal precision, led a move in the Rajya Sabha to end the special status of Jammu & Kashmir, which became part of Union of India on 26th October 1947, through the “Instrument of Accession” (IOA) signed by the then ruler Hari Singh . Through this IOA it had its Constitution and framed own laws in all areas except defense, external affairs, and communications.

By the end of the day, as per the order, President Ram Nath Kovind has exercised his power under Clause 1 of Article 370 and came out with a notification— The Constitution (Application to Jammu and Kashmir) Order, 2019 that will come into force immediately, through which Article 370 & 35A, were effectively rendered null and void.

It also pushed through Jammu and Kashmir (Reorganisation) Bill, 2019 in the Rajya Sabha to reorganize the State. Jammu & Kashmir has now been bifurcated;

Jammu & Kashmir will be a Union Territory (UT) with a Legislature, and

Ladakh will be a Union Territory (UT) without a legislature.

While proposing the resolution in Rajya Sabha, Home Minister Amit Shah said, “Repealing Article 370 is the only way out to resolve the crisis and deadlock in Kashmir. It will take some time, but this is the only way.”

On Monday, the Upper House also passed the Jammu and Kashmir Reservation (Second Amendment) Bill. It seeks to extend the 10 percent quota to economically weaker sections to the state which has special constitutional provisions.

What changes for Jammu & Kashmir, Now:-

The repealing of Article 370 brings Jammu & Kashmir completely under Indian Law, like any other state and union territory. Under the Letter of Accession, only matters related to defense, external affairs and communications were under the center. Additionally, through the presidential order in 1954 Article 35A created, which empowered this State to define permanent residents and provide them special rights and privileges. Now, Article 35A stands nullified, with repealing of Article 370.

 

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