Restoration of Article 370

Mehbooba Mufti was arrested on August 5, 2019, the day the government revoked Article 370. She was booked under section 107 of the Code of Criminal Procedure (CrPC). Six months later the former chief minister was booked under the PSA.

The latest challenge is in Kashmir. Where the Government of India has through a vote in Parliament revoked Article 370 and removed the special status enjoyed by J&K, the rationale being that this will facilitate the process of integration with the rest of the country.

The revocation of Article 370 was on August 5, 2019, some 14 months after J&K’s Mehbooba Mufti government resigned in June 2018. With the J&K Assembly being dissolved by the governor in December 2018, elections should have been held within six months, that is by June 2019.

· What article 370 stated earlier

Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of Indian subcontinent which was administered by India as a state from 1954 to 31 October 2019 and a part of the larger region of Kashmir which has been the subject of dispute between India, Pakistan

· What changed after article 370 was removed?

Kashmir will no longer have a separate constitution but will have to abide by the Indian constitution much like any other state.

All Indian laws will be automatically applicable to Kashmiris, and people from outside the state will be able to buy property there. The government says this will bring development to the region.

Kashmir now is removed by the special status and is a part of Indian’s union territory and as stated in the Indian preamble that india is a secular state and has no religion of it’s own.

Kashmiri civilans can now practice any religion as stated in article 25 of the Indian Constitution

· Restoration of article 370 in Jammu and Kashmir

Restoration of article 370 may not be possible in my understanding as kashmir now is not a state it is divided into 2 union territory and the power of union territory lies in the hand of President as stated under article 240 (2) of the Indian Constitution.




Credit: Sushmita Sarkar

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