What will change in Jammu & Kashmir after the end of Article 370

Shortly after the Narendra Modi government has taken charge of the country’s governance during the second consecutive term, some major and unprecedented legislatures have been made successful. In yet another most shocking as well as surprising move, the government has announced its decision to repeal the constitutional provision ‘Article 370’. Though some important provisions of Article 370 have been diluted over the past, the present stricter move to revoke this key provision might bring in some significant changes in the face of Kashmir according to experts.

An overview of Article 370

Article 370 has granted a special and exclusively unique status to the state of Kashmir. As per this provision, the central government will need the concurrence of the state government for applying any laws in the state excepting the ones related to defense, finance, communication and foreign affairs.

A separate set of laws for the residents

Article 370 means that the residents of Kashmir will be governed by a separate set of laws including those that pertain to property ownership, fundamental rights, and citizenship. By virtue of the provisions contained in Article 370, no Indian citizens who do not reside in Kashmir can purchase a land or property in the state of Kashmir.

Emergency can’t be declared

As per the Article 370, the central government cannot declare financial emergency in Kashmir under the Article 360. Emergency can only be declared in Kashmir when there is an external aggression or war.

Special and autonomous status to Kashmir

Article 370 is found under Part XXI of the Constitution of India which is connected to granting special autonomous powers to Jammu and Kashmir namely “Temporary, Transitional and Special Provisions”. Thus, the main objective of the article is to grant a special status to Kashmir. The constitutional provisions that are applicable to the other parts of India are not applicable to Kashmir.

The implications of repealing Article 370

Repealing of Article 370 will remove the special status of Kashmir that makes it a distinctive state in India. Once this special status has been scrapped, Indian from anywhere in India can buy property and also settle in Kashmir without any restrictions whatsoever. This situation has triggered fears in the minds of Kashmiris that the present move could bring about a demographic change in the state from a Muslim majority state to a Hindu majority state.

Kashmir will become just like any other state in India

The resolution moved in the Rajya Sabha recommends that the Parliament of India makes an official notification duly approved and signed by the President of India connected to the repealing of Article 370. It says, “In exercise of the powers conferred by Clause (3) of Article 370 of the Constitution of India, the President, on the recommendation of Parliament, is pleased to declare that as on 5 of August, 2019, all clauses of the said Article 370 shall cease to be operative except Clause (1) thereof…”

The prospects awaited after this momentous and bold move

A senior leader in BJP Arun Jaitley said, “The decision of the government will help the people of Jammu and Kashmir the most. More investment, more industry, more private educational institutions, more jobs and more revenue will come.