• The Jammu & Kashmir Assembly passed a resolution asking the Centre to work out a constitutional mechanism for restoring the special status of the erstwhile state.

• In the carefully worded resolution, there was no mention of the contentious Articles 370 or 35A.

• The move was hailed by the valley-based political parties while it prompted protests by the main opposition BJP which demanded its rollback.

• With the passage of the resolution, the ruling National Conference said it has fulfilled one of its promises made in the manifesto while Chief Minister Omar Abdullah said the Assembly has done its job.

What was the special status of J&K?

• On August 5, 2019, the President of India, using the powers under Article 370(1) of the Indian Constitution, issued the Constitution (Application to Jammu and Kashmir) Order, 2019. 

• This order altered Article 370, fundamentally reshaping the relationship between Jammu & Kashmir and the Union of India rather than revoking the article entirely.

Key points on Article 370:

• Article 370, added to the Constitution on October 17, 1949, was introduced by N. Gopalaswami Ayyangar as Article 306A during the drafting process. This ‘temporary provision’ was intended to allow Jammu &  Kashmir a unique status, permitting it to draft its own constitution and limiting the legislative power of the Indian Parliament within the state. 

• The J&K Constituent Assembly was given the authority to decide which provisions of the Indian Constitution would apply to the state. Once the J&K Constituent Assembly completed its work and adopted the state’s constitution, it dissolved, thereby shaping the scope of Article 370.

• Article 370 contains a provision — Clause 3 — that enables the President of India to modify or amend its scope. 

• The special powers granted through Article 370 also included Article 35A, introduced by a Presidential Order in 1954 based on the recommendation of the J&K Constituent Assembly. 

• Article 35A provided the J&K legislature with the authority to define ‘permanent residents’ and confer on them unique rights and privileges, including those related to property ownership, jobs, and other benefits.

Unique Constitutional guarantees across Indian states

• While Article 370 was specific to Jammu & Kashmir, the Indian Constitution has special provisions for other states as well. 

• These are codified under Articles 371 and 371A to 371I, which provide various constitutional guarantees to states like Andhra Pradesh, Maharashtra, Gujarat, and several in the Northeast. 

• Each of these Articles addresses the unique needs of these states, reflecting India’s approach to accommodating regional diversity within the framework of the Union.

Key changes brought out by the order of 2019

• Replacement of the 1954 Presidential Order: The 2019 Order replaced the earlier Presidential Order of 1954 that had granted special status to Jammu & Kashmir under Article 370. This meant that most provisions of the Indian Constitution would now be applicable to Jammu & Kashmir, effectively removing its unique status.

• Reorganisation of Jammu & Kashmir: The Jammu & Kashmir Reorganisation Bill, 2019, led to the division of the erstwhile state of Jammu and Kashmir into two Union Territories (UTs) — Jammu & Kashmir (with a Legislative Assembly) and Ladakh (without a Legislative Assembly). This reorganisation is historic as it is the first time that a state has been converted into Union Territories.

• Changes to Lok Sabha Representation: Out of the six Lok Sabha seats previously allocated to Jammu & Kashmir, five seats will remain with the Union Territory of Jammu & Kashmir, while one seat will be allotted to Ladakh.

• Legislative Assemblies: The Union Territory of Jammu & Kashmir have its own Legislative Assembly, similar to Delhi and Puducherry. Ladakh will not have a Legislative Assembly and will be directly governed by a Lieutenant Governor.

• Governance Structure: The Lieutenant Governor (LG) replaced the Governor in Jammu & Kashmir, a change similar to Delhi and Puducherry, where the LG exercises significant powers. The Jammu & Kashmir Legislative Assembly will have a five-year term, as opposed to the earlier six-year term under the state system.

• Legislative Powers: Section 32 of the J&K Reorganisation Bill, 2019 grants the J&K Assembly the power to legislate on subjects in the State and Concurrent Lists, except for matters related to public order and police, which will remain under the jurisdiction of the Union government. This is similar to the provisions under Article 239A that apply to Union Territories like Delhi and Puducherry. However, unlike Delhi, the Jammu & Kashmir Assembly can legislate on matters relating to land.

• Abolition of Special Status: Jammu & Kashmir no longer has its separate constitution, flag, or anthem. The state’s unique legal framework is thus abolished.

• Dual citizenship no longer exists, and residents of Jammu & Kashmir will have single Indian citizenship.

• The Indian Constitution applies to Jammu & Kashmir, ensuring that its citizens now have the same Fundamental Rights as the rest of the country.

• Article 360, which deals with the declaration of Financial Emergency, will now apply to Jammu and Kashmir.

• Applicability of Indian Laws: All laws passed by Parliament are now applicable to Jammu & Kashmir, including laws such as the Right to Information Act and the Right to Education Act.

• Article 35A Nullified: Article 35A, which had granted special privileges to residents of Jammu & Kashmir (such as property rights), has been nullified by this order. This provision was rooted in Article 370 and gave the state legislature the power to define “permanent residents” with exclusive rights within the region.

(The author is a trainer for Civil Services aspirants.)