J&K loses its special status, divided into two UTs

3 min read
  1. President of India has promulgated the Constitution (Application to Jammu and Kashmir) Order,2019. 
  2. The order effectively abrogates the special status accorded to Jammu and Kashmir under the provision of Article 370 whereby provisions of the Constitution which were applicable to other states were not applicable to Jammu and Kashmir (J&K).
  3. The Presidential Order has extended all provisions of the Indian Constitution to Jammu and Kashmir.This order will also supersede the Constitution (Application to Jammu and Kashmir) Order,1954.
  4. Further,Article 35A also ceases to exist on effective abrogation of special status.The reason being that this was inserted through a presidential proclamation of 1954 drawing powers from Article 370. 
  5. A separate Bill called the Jammu and Kashmir Reorganisation Bill 2019 was also introduced to bifurcate the State into two separate union territories of Jammu and Kashmir(with legislature) and Ladakh (without legislature).
  6. Article 370 is a temporary provision granting special autonomous status to Jammu and Kashmir.
  7. Article 370 specifies that a) except for Defence,Foreign Affairs,Finance and Communications the Indian Parliament needs the State Government’s concurrence for applying all other laws b) the residuary powers belong to the Legislature of the State and c) No preventive detention law made in India extends to Jammu & Kashmir.
  8. Article 35-A was incorporated in the Constitution in 1954 through Presidential order.It gives the Jammu and Kashmir Legislature a complete freedom to decide,who are all ‘Permanent Residents’ of the State.
  9. Article 35-A provides them(a) special rights and privileges in public sector jobs (b) acquisition of property in the State and (c)scholarships as well as public aid and welfare.