A historic decision has been taken by the Ministry of Home Affairs to become the biggest power in Jammu and Kashmir. The government on Monday made a historical change to the status of Jammu and Kashmir.
The government on Monday abolished Article 370 that gave special status to Jammu and Kashmir and moved a separate bill to bifurcate the state into two separate Union Territories of Jammu and Kashmir and Ladakh.
Through a Presidential Order, the government declared that Article 370 would cease to be operative and specifically ruled out the previous order that made Article 35A a part of the Constitution of India.
Changes to occur in the regions once the relevant legislation is passed
- Once the relevant legislation is passed by the Parliament, Jammu, and Kashmir will be a Union Territory with legislation. This will be providing the states with similar status as the governments of Delhi and Puducherry.
- Jammu and Kashmir will be ruled by a Lieutenant Governor, who would be in close step with the Ministry of Home Affairs. The Lt Governor, however, will be the ultimate governing authority who will be having a choice to override the advice of the elected government.
- The Union Territory of Jammu and Kashmir will be having a legislature, from which a government will be chosen. However, this government will have no power over land or police.
- The Ministry of Home Affairs will have much greater power and control over every aspect of life and governance in Jammu and Kashmir Union Territory.
- People from all over the country will now be having the right to buy and own property in Jammu, Kashmir, and Ladakh.
- So far, only permanent residents of Jammu and Kashmir had the right to own property in the state. The Jammu and Kashmir government had the power to decide who would qualify as a permanent resident. This power was granted to the J&K government by Article 35A, which has been abolished on Monday’s Presidential Order.
- The right of all Indians to own property in Jammu and Kashmir will require further official work, which would have to be operationalised once the Home Ministry takes charge of the Union Territory.
- People of Ladakh region will vote only in the Lok Sabha elections and will no longer have Assembly elections.
- Ladakh now onwards will be able to seek specific attention from the Centre, as it is no longer tied to Jammu and Kashmir.
- The two districts of the Ladakh Division Leh and Kargil already enjoys some level of autonomy and are partially governed by Autonomous Hill Development Councils, which are likely to be allowed to continue their functioning.
- Earlier RTI couldn’t be filed but now there will be no restriction on the filing of RTI
- Jammu and Kashmir had a separate flag and constitution but if the relevant legislation is passed only the National flag will be there and there will be no separate constitution and law and order will be under the Centre.