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REPUBLIC EXPLAINER: Here Are The 12 Changes In Jammu & Kashmir After Centre Revokes Article 370 & 35A

Written By Digital Desk | Mumbai | Published:

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  • The Modi government has taken a historic and momentous decision with regards to Jammu and Kashmir
  • Article 370 pertaining to J&K is to be scrapped, while the state is to be bifurcated into two Union Territories - J&K and Ladakh
  • Here's what the scrapping of Article 370 means for Jammu and Kashmir

The Modi government on Monday moved two bills and two resolutions in Parliament that had the momentous effect of scrapping Article 370 pertaining to Jammu and Kashmir and also bifurcated the state into two union territories - J&K and Ladakh. 

Here's what the scrapping of Article 370 which came into being in 1949, means for Jammu and Kashmir:  

1.  Integration: It is the single biggest move for the integration of Kashmir with India since the accession order was signed in 1947 because it means that the state of Jammu and Kashmir will be guided by the Constitution of India and not the constitution of Jammu and Kashmir-- which was the case to this point. 

2. 'Azadi' has no basis: With Article 370 going, it means that the entire state of Jammu and Kashmir has completed its unification with the rest of India and any murmurs of 'Azadi' or secessionism have no basis anymore. 

J&K's Article 370 Scrapped: Peace & Normalcy On Ground As Local Welcome Change & Assurances By Centre: NSA Report

3. Article 35A Goes: With Article 370 going, it means that Article 35 A has no basis anymore because 35A was brought as a provision by way of the existence of Article 370. So, this means that all the provisions that deny non-Kashmiris into Kashmir in terms of jobs, opportunities and residence comes to an end  

4. Every law that applies to the rest of India applies to Jammu and Kashmir: With Article 370 going, Kashmir doesn’t function as a separate entity anymore. Every law and legislation that applies to the rest of India will automatically apply to J&K. To this point, when a Bill was passed in Parliament, it had to be re-passed in the J&K assembly to be applicable in J&K. That won’t be the case anymore. 

5. IPC replaced with RPC: With Article 370 gone, the RPC will be replaced by the IPC and every amendment of the constitution applicable to the rest of India will automatically apply to Kashmir as well. RPC was the version of the penal code in Jammu and Kashmir, but with this massive move-- the same IPC that applies in every other state and UT will not apply to J&K.  

6. J&K gets equal status: With Article 370 going, it means that the very article that granted  “Special Status” to Jammu & Kashmir comes to an end, making the state as much a part of India as any other region in the Indian territory without any riders to it. 

Article 370 Scrapped: Congress' Raebareli MLA Backs Centre's Decision, No Words From Rahul Gandhi, Priyanka Vadra

7. Parliament will be the final word: With Article 370 gone, it means that the Parliament of India will be the final word on matters of legislation and not the assembly. 

8. Assurance to every stakeholder: With Article 370 going, it means West Pakistan refugees or Dogras or Bakarwala or Pandits, all have equal stakes in the state. 

9. Artificial barriers removed: Indian citizens from other states will now face no barrier in buying property in J&K, getting govt jobs, or scholarships. 

J&K's Article 370 Scrapped, Congress Asks If Kashmir Is An 'internal Matter'; Amit Shah Fires Back

10. Citizens vs Non-Citizens divide ends in Jammu and Kashmir: 1.5 to 2 lakh people migrated to Jammu and Kashmir after 1947 are not regarded as "state subjects" under the Jammu and Kashmir Constitution. This will now change with 370 going since J&K will be as much part of India as any other state or Union Territory. 

11. More investment in the Valley: Disallowing non-residents from investing in the state held back multinationals and manufacturing firms from setting up and expanding in J&K. This will come to an end now.

12. Greater scope for growth: Universities could not hire professors or outsource their resources. All this had the effect of restricting the scope for growth. This will now end because Kashmir is now open to all and integrated with the rest of the country.

And in addition to all of the additional designation of Jammu and Kashmir as a Union Territory and Ladakh as a separate Union Territory also comes as a masterstroke. Jammu and Kashmir as a UT will follow the Delhi model where the control over land, law and order and IAS will be with the Union Government. This will not only keep corruption at the local level in check and end the regional disparity but will also ensure that Law and Order is the responsibility of the Union Government of India.

Watch Republic TV's Editor Niranjan Narayanaswamy explain what the scrapping of Article 370 means for J&K in the video above

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