ENGLISH

Descriptive Essay
Article 370
J & K Reorganization bill

“One Nation One Constitution” - Dr. B R Ambedkar

Introduction (50-60 words)

● Article 370 provides special status to J&K and serves as a temporary provision under part 21,
temporary, transitional and special provisions. It acknowledges autonomy and ability to formulate
the law for state’s special status to J&K.
● It was introduced into the draft constitution by N Gopalaswami Ayyangar.
● The history of J&K goes back to 1947 when Hari Singh ruler of princely state of Jammu and Kashmir
signed the ‘Instrument of Accession’.
● Under which Parliament of India needs the State Government's concurrence for applying all other
laws. Except for Defense, Foreign Affairs, Finance, and Communications.
Main Body (140-160 words)
● On 5​th​ August, 2019 special status of J&K is revoked by a presidential order.
● President of India in the exercise of the powers conferred by clause (1) of article 370 ​of ​the
constitution issued the constitution (application to Jammu and Kashmir) order, 2019​.
● With this, the government of India has dramatically​ ​altered the relationship between the state of
Jammu and Kashmir and the Indian Union​.
● Article 35A stems from article 370 and was introduced through a presidential order in 1954, on the
recommendation of the J&K constituent assembly. Article 35A empowers the Jammu & Kashmir
legislature to define the permanent residents of the state, and their special rights and privileges.
● The Jammu and Kashmir reorganisation bill, 2019, passed by parliament divides the state of Jammu
and Kashmir into two new union territories (UTs): Jammu & Kashmir, and Ladakh.
● This is the first time that a state has been converted into a Union Territory.
● The Union Territory of Jammu and Kashmir will have an assembly, like in Delhi and Puducherry.
Instead of 29, India will now have 28 states. Kashmir will no longer have a governor, rather a
Lieutenant Governor like in Delhi or Puducherry.
● J&K assembly will have a five-year term, not six, as was the earlier case.
● Jammu & Kashmir will no longer have the separate constitution, flag or anthem.
● The citizens of Jammu and Kashmir will not have dual citizenship.
● As the new union territory of Jammu and Kashmir will be subject to the Indian constitution, its
citizens will now have the fundamental rights enshrined in the Indian constitution.
● All laws passed by parliament will be applicable in Jammu and Kashmir, including the right to
information act and the right to education act.
 ● The Indian Penal Code will replace the Ranbir Penal Code of Jammu and Kashmir.
● Challenges ahead
● The move has undermined the basic feature of the compact between Delhi and Srinagar that was
agreed upon in 1947.
● Law and order maintenance challenge. The real test will be on the streets of Srinagar, Jammu and
Delhi once the security cordon is lifted from the state.

Conclusion (50-60 words)

● Now India hopes better development in J&K, with equal rights to all citizens in J&K, by ending article
35A of J&K constitution.
● A uniformity is governance of J&K is expected.
● J&K is India’s internal matter, and is free to do whatever it seems right to manage the Kashmir
problems, and issues like corruption, insurgency, terrorism and underdevelopment.
● With this abrogation, it seems that integration of J&K is now complete, which was sought 70 years
back.

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