Article 370, the section of the constitution that only allows the people of Jammu and Kashmir to own a piece of land in it.
Jammu and Kashmir, as we all know is located in the northern part of India and is one of the most beautiful places in India to visit. The purity of the place and the people who live in it is extravagant. It has been a while now, with the dispute between India and Pakistan regarding Kashmir. The Pakistanis are slowly trying to enter out part of Jammu and Kashmir and take over. The state has been under a lot of terrorist activities since a very long time.
Citizens of Jammu And Kashmir State were subject to a different set of laws, including those governing permanent residency, property ownership, and basic rights, than residents of other Indian states. As a result of this rule, Indian nationals from other states were unable to buy land or property in Jammu and Kashmir.
The Government of India issued a Presidential Decree on 5 August 2019, overriding the 1954 order and making the sections of the Indian constitution applicable to Jammu and Kashmir. The ruling was based on a resolution approved with a two-thirds majority in both houses of India's parliament. A subsequent ruling issued on August 6 rendered all of
Article 370's clauses ineffective, with the exception of clause 1.
Furthermore, the Jammu and Kashmir Reorganization Act, 2019, was enacted by the parliament, establishing the split of the state of Jammu and Kashmir into two union territories to be known as
Union Territory of Jammu and Kashmir and Union Territory of Ladakh. The reorganization takes place on
October 31, 2019.
A total of 23 petitions were filed before the Supreme Court of India, contesting the central government's intention to repeal Article 370 of the Constitution, which has resulted in the formation of a five-judge bench.
For Jammu and Kashmir, the union list and the concurrent list out of the three, were initially confined to the items surrendered in the Instrument of Accession; however, they were later expanded with the State Government's approval. The ‘residual powers' remained with the individual states rather than the Union. According to the State Autonomy Committee, 94 of the 97 items on the Union List applied to Jammu and Kashmir; the regulations of the Central Bureau of Intelligence and Investigation and preventive detention did not. Twenty-six of the forty-seven items on the 'Concurrent List' applied to Jammu and Kashmir; the items of marriage and divorce, infants and minors, transfer of property other than agricultural land, contracts and torts, bankruptcy, trusts, courts, family planning, and charities had been omitted, implying that the State had sole authority to legislate on those issues. The State also had the authority to legislate on elections to state bodies.
The Hindu pundits being the ones who have suffered the most, tortured by some of the
Muslim terrorists of the region.Since 1954, Jammu and Kashmir has had a different constitution, instilled by the leaders of the past, this constitution makes it very difficult for the people from around India to own a piece of land or do any form of business in the region. This existed until the 31st December, 2019, when the currently ruling party, BJP revokes this law and allowed for trading, or any sort of business to take part in this state.
Revoking of article 370 made the state have to follow the same constitution as the rest of India and respect our honorable and beautiful Indian flag.
There are many viral videos on the internet where a Kashmiri Muslim refused to respect and sing our national anthem, or bow down to the flag of India. This is not just disrespect to the country we all live in, and prosper in but also a criminal offense and for this reason it was very important to have the same rules and regulations followed in this state too. Also since our country is a
“secular” country and there are many citizens of our country using this word for their advantages, isn’t it fair to all the citizens of India to follow the same constitution and be punished for the same crimes instead of a state having a completely separate set of rules.
People of J&K have suffered a lot, specially the innocent ones, so many have lost most of their families because of the continuous terror activities in the region, and yet there are people from Jammu and Kashmir who believe that revoking article 370 would ruin the authenticity of their state, the beauty of their state. After hearing this all of us should pause and think for some time, yes it is true that because of the interference of interstate affairs would ruin the beauty and the simplicity of the state by commercializing it, but is it fair for the Hindu or even the Muslim families to lose their sons, fathers, or brother to terrorist activities?
The condition of Jammu and Kashmir was horrible before the revoking of this article, women were only citizens of the state till they were married, marrying an Indian outside of J&K would revoke her certificate of residence, these certificates were important because they would allow one to real estate, education, or employment inside the state. There have been many cases where the women in J&K were refused to have this certificate. The unrightfully divorce from women, the unjust women had to face during this time, these are the issues which should have been looked after ages back but unfortunately with the slow and money hungry government officials we used to have became possible only just now.
The life’s and the living quality of the people in that state matters, the equality of the citizens of India matters, and foremost not losing our soldiers on the borders, which only happened because the central government could not do much in the J&K territory.
All of this matters !