On Monday, the government on Monday moved a bill proposing bifurcation of the state of Jammu and Kashmir into two union territories—the Jammu and Kashmir division and Ladakh.
Making the announcement in Rajya Sabha, Union Home Minister Amit Shah said 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. Shah introduced the Jammu and Kashmir Reorganisation bill.
Acrimonious scenes were seen in the house soon after the announcement by the home minister.
What is the history of Article 370?
The Article 370's history is linked to Maharaja Hari Singh, and his turning to the Indian government when faced with aggression from tribesmen supported by an Army from Pakistan. In return, he signed the Instrument of Accession in 1947. Sheikh Abdullah, who was appointed prime minister of Jammu and Kashmir, in 1947, drafted the Article 370 provision, which was deemed “temporary”, inspite of pushback from Abdullah.
What does Article 370 entail?
The provisions of Article 370 ensures that the Parliament can legislate in J&K only on finance, defence, communication and external affairs. The provisions result in that the state residents live under a largely separate laws from the rest of India. Outsiders cannot buy land or own property in the state; Article 35A deals with their rights and privileges. The Parliament cannot redraw the boundaries of the state.
What legal quagmire awaits the removal of Article 370?
In the simplest of technical terms, the presidential order would suffice. As The Indian Express reported, Article 370 removal via presidential order is supposed to be backed up by the Jammu and Kashmir Constituent Assembly. But since the assembly ceased to exist from 1956, the question is whether the Parliament needs the permission of the state assembly, which was dissolved a year before.
-Inputs from PTI
