Legal ABC
Brief Introduction To Section 370
The central government has today removed Article 370 by snatching the special status of the state of Jammu and Kashmir by the President’s order. Home Minister Amit Shah gave a big statement on Jammu and Kashmir in the Rajya Sabha today. Announced the removal of Article 370 from (Article 370). With this, he said that many sections of Article 370 will not apply. Only block 1 will remain. He also said that Jammu and Kashmir will be made a separate union territory and Ladakh will be made a separate union territory. As soon as Amit Shah announced this, there was a ruckus in the Rajya Sabha.
Before this big announcement, there is complete silence on the roads of Jammu and Kashmir. Section 144 has been implemented and internet mobile services have been discontinued. Some officers have been given satellite phones so that the central government continues to get information. Earlier, 35 thousand additional security forces have been deployed there. Also, the Amarnath Yatra was canceled midway.
Now the question arises that what is Article 370 and what is the meaning of its removal? As per the provisions of section 370, Parliament has the right to make laws regarding defense, foreign affairs, and communication about Jammu and Kashmir but to implement the law related to any other subject, the Center needs the approval of the state government. This is how you can understand it:
What is Article 370?
-Due to this special status, Article 356 of the Constitution does not apply to the state of Jammu and Kashmir.
-For this reason, the President does not have the authority to dismiss the constitution of the state.
– The citizens of Jammu and Kashmir have dual citizenship (India and Kashmir).
– Parliament of India can make laws in relation to Jammu and Kashmir in a very limited area.
– The national flag of Jammu and Kashmir is different. It is not mandatory for the citizens of there to honor the national flag of India.
– Under this, an Indian citizen has the right to buy land anywhere in India, except in the states having special rights. That is, people of other states of India cannot buy land in Jammu and Kashmir.
– Article 360 of the Constitution of India under which there is a provision for imposing financial emergency in the country also does not apply to Jammu and Kashmir.
– The term of the Legislative Assembly of Jammu and Kashmir is of 6 years while the legislatures of other states of India have a term of 5 years.
– The orders of the Supreme Court of India are not valid inside Jammu and Kashmir.
– If a woman of Jammu and Kashmir marries a person from any other state of India, then that woman’s citizenship will end. On the contrary, if he marries a person from Pakistan, he too will get citizenship of Jammu and Kashmir.
-Due to Section 370, laws like RTI and CAG are not applicable in Kashmir.
– Sharia law is applicable to women in Kashmir.
– Panchayat is not empowered in Kashmir.
-Due to Article 370, Pakistanis living in Kashmir also get Indian citizenship.
Also Read: DO YOU KNOW WHAT IS ARTICLE 35A?
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