With the historic address by Amit Shah, the home minister of India, the only news being talked about is the scrapping of Article 370 and the “complete amalgamation” of Kashmir in India.
The flurry of online discussions mentions a number of claims regarding the new legislation and the status of Jammu and Kashmir.
Article 370 is Defunct! Fact or Myth?
Myth. Clause 1 still is in execution. President Ram Nath Kovind announced Constitution Order, 2019, which states that provisions of the Indian Constitution are applicable in the State, as under the clause 1. This effectively takes away the autonomy of the state of Kashmir.
So far, the Indian Parliament had only residuary powers of legislation in J&K such as enacting laws related to defense, foreign affairs, and communications. Now every law enacted by Parliament is applicable in Jammu and Kashmir and Ladakh as well.
Article 370: Jammu Kashmir’s Separate Constitution and Flag
Fact. The state was granted a separate constitutional autonomy with the flag and insignia.
Laws passed by the Parliament were applicable in the State, only after the State government gave its concurrence.
Jammu and Kashmir had its own flag since 1952. The protocol mandates unfurling both the national flag as well as the State flag at all public events. After the presidential order, only the national flag will have to be hoisted.
Article 370: Dual Citizenship and Owning Land in Kashmir:
Myth. India does not allow dual citizenship, including Indian Kashmiris. So the Kashmiris don’t have a Citizenship of Pakistan.
The ‘dual citizenship’ of Kashmiris is with reference to Article 370 under which they are considered as citizens of India as well as citizens of Kashmir.
Article 35A prohibited non-Kashmiris from owning land in the region. However, Jammu and Kashmir is not the only state to have this law. Land laws vary from State to State. For example, parts of Assam, Tripura, Himachal Pradesh, Arunachal Pradesh, Nagaland, and Andaman & Nicobar Islands have restrictions on buying land.
Article 370: The bifurcation and its key points:
The government introduced a bill to divide the state into two Union territories -Jammu and Kashmir and Ladakh.
According to the Jammu and Kashmir Reorganisation bill, the UT in Ladakh will have no legislature like Chandigarh while the other UT of Jammu and Kashmir will have a legislature like Delhi and Puducherry.
- J&K has been reorganized into two Union territories Jammu and Kashmir and Ladakh.
- Jammu and Kashmir will have a legislature like Delhi and Puducherry, where key subjects like law and order are with the Centre.
- Ladakh will have no legislature like Chandigarh. There won’t be any elections for MLA(s).
- The Governor of Jammu and Kashmir will now become a Lieutenant Governor.
Article 370 still a part of The Constitution of India.
Fact. In many speculations and fiery propagandists and misinformation led protests it is being cauterized from the Constitution.
Article 370 stays very much as part of the Constitution and cannot be repealed or abrogated without a constitutional amendment in accordance with Article 368.
With sensitivity and a calm head let’s think of the implications and the amount of bloodshed in the valley before the second wave of such blunders just cause you are not aware of the true facts and the processes. Kashmir was a part of India, it still is, there’s not complete freedom or enslavement or a military accession. Take a fact check, give time to resolving the issue before politicizing and making vicious cycles in play.
Design Courtesy: Ayushi Khare
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