Article 370 scrapped | How will it change the status quo in Jammu and Kashmir?

Union Home Minister Amit Shah on August 5 moved a resolution in Rajya Sabha to revoke Article 370, which provides special status to the state of Jammu and Kashmir. He also proposed that the state be bifurcated into Union Territories – Jammu and Kashmir (with legislature) and Ladakh (without legislature).

The move has raised a furore in Parliament as well as in the state with regional leaders and former chief ministers Mehbooba Mufti and Omar Abdullah calling it the "darkest day in Indian democracy" and "total betrayal of the trust of the people of Jammu and Kashmir".

Article 370 of the Constitution of India gives autonomy to the state of Jammu and Kashmir and limits the Parliament's powers to make laws for the state. This essentially meant that any bill passed by Parliament does not apply to J&K until the state's legislature approves it. This bears exceptions to issues that fall in the domain of defence, foreign affairs, finance and communications.

Article 370 also allowed J&K to have their own constitution and the right to decide who is a permanent resident of the state under Article 35A of the Indian Constitution. The provision also bars outsiders from buying property or claiming government jobs and educational scholarships.

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With the abrogation of Article 370, a "temporary provision", the autonomy of the state will be compromised in the following ways:

# Earlier, J&K was the only state with its own Constitution. After revoking Article 370, the state will abide by the Constitution of India much like the rest of the country.

# Article 35A, which is an extension of Article 370, doesn't allow outsiders to buy property in J&K. With the scrapping of the provision, people from across India will be able to buy property and settle in the state.

It is, however, important to note that a case on the constitutional validity of Article 35A is still pending in the Supreme Court. Hence, the matter is sub-judice.

# Law and order was earlier a part of J&K state government. In addition, the state did not follow the Indian Penal Code (IPC) as the rest of the country; and instead followed the Ranbir Penal Code (RPC) for the operation and function of law and order machinery.

After the scrapping of Article 370, the Union Territories of J&K and Ladakh will have to restructure their law and order machinery, and the RPC will have to be scrapped. Depending on the Modi government's decision, they will either follow the Delhi model, where law and order comes under the purview of the Centre; or Puducherry's model where law and order is a state subject.

# Central laws, or law passed by Parliament will no longer require the approval of J&K state Assembly after the revocation of Article 370. They will be applied to J&K and Ladakh automatically.

# Article 370 also allowed J&K to have its own flag, separate from the national flag. After the abrogation of the article, it is the Parliament's prerogative to decide if the state can continue to have its own flag.