Implications of Jammu & Kashmir Reorganisation Act

Implications of J&K Reorganisation Act

The Bill received the assent of the President on August, 2019, and came into force from the same day. The Act came into force in a short span of time without much debate, discussion, and if only one reading in Rajya Sabha as well as Lok Sabha. The Act completed all formalities in a day that was unprecedented and historic. This was the first time in 70 years that such an exercise occurred when an entire state was reorganized.

Special Status of J&K

Article 370 of the Indian constitution, grants special autonomous status to the state of Jammu and Kashmir. It accords Jammu and Kashmir features not found in any other Indian state. The special status guaranteed under this article is like a set of extended reservations on various clauses of the Constitution.

The Reorganisation Bill

Article 370 of the Indian constitution, grants special autonomous status to the state of Jammu and Kashmir. It accords Jammu and Kashmir features not found in any other Indian state. The special status guaranteed under this article is like a set of extended reservations on various clauses of the Constitution.

The passage of the Reorganisation Bill in the Lok Sabha is a momentous occasion for India. The passage of constitutional amendments, even by a two-thirds majority, is not a simple task. All parts of the country have to be taken into consideration during the drafting process while dealing with sensitive issues like freeing a state that has been under the semi-presidential rule since its formation.

The abrogation of Article 370 already means that all Central laws will apply to the new Union Territory going forward, even as Article 35A will continue to stay in force for the remaining state of Jammu and Kashmir.

The abrogation of Article 370 already means that all Central laws will apply to the new Union Territory going forward. The fifth schedule to the Act also lists 106 Central Acts which will now be applicable in the new Union Territory, while 153 State Acts will be repealed.

With these reforms, the competence field of Jammu and Kashmir has been substantially reduced. It has lost control over the state police. The region has now become more dependent on the Center for the devolution of funds as it no longer has the financial autonomy it had as a state.

Argument for Equality

There will be, for the first time, reservations for Scheduled Castes and Scheduled Tribes, in Jammu and Kashmir, part of a broader scheme of extending national reservations and progressive amendments applicable to the region. For example, the 2005 Hindu Succession Act amendments that gave women equal inheritance rights as men, will now apply. The restrictions on the transfer of property to outsiders will be relaxed.

The scholarship schemes should be made more inclusive and attractive to the youth of Kashmir and should focus on the development of the interior region too. The Youth could be roped into helping in the implementation.

International Reaction

The Home Minister had implied that all the measures including the shutdown of communication services and the downgrade to the status of Union Territory, were temporary measures and will soon be lifted. However, even after nearly a year, the assembly elections are yet to be announced. The response from the students was a chain stir with widespread violence. While everyone is asking why things are so bad in Manipur, we have to ask ourselves this question first.

Internet access in J&K continues to remain suspended, even as parliament-in-session takes up discussion (and voting) on the Reorganisation Act. This is in spite of the fact that the Supreme Court had earlier ruled that the government has no legal right to block Internet services. The entire country is literally aghast at this turn of events, and with a few notable exceptions like the Communist Party of India (CPI), there seems to be the almost full consensus among political parties and the general public on the necessity for resuming Internet services in J&K without delays. Several even addressed concerns surrounding citizen dissent.

There has also been widespread criticism of the government by International Rights organizations over the lockdown in Kashmir and the house arrest of mainstream political leaders. Human rights organization, Amnesty International, urged the government to ease restrictions on communication channels and the media in the state, and to release political leaders.