Article 370 is the first Article of Part XXI of the Constitution which is titled ‘Temporary, Transitional and Special Provisions’. However Article 370(3) permits deletion by a Presidential Order. Article 370 was discriminatory as it restricted parliament’s power to extend central law in the state. On subjects of Defence, External Affairs and Communications — it needed “consultation” while for extending laws on remaining subjects, “concurrence” of the state government was mandatory.
The President issued Constitution (Application to Jammu and Kashmir) Order, 2019 which superseded the Constitution (Application to Jammu and Kashmir) Order, 1954 whereby all the provisions of the Indian Constitution will apply to the state of Jammu and Kashmir.
Article 35 (A) was introduced by a Presidential Order of 1954. It it empowered the Jammu and Kashmir legislature to define a “permanent resident” of the state, and to provide special rights and privileges to them.
Discrimination due to Articles 370 and 35(A)
People of other states couldn’t invest in land or property.
Legislation
The Constitution (Application to Jammu and Kashmir) Order, 2019: It was issued on 5 August, 2019 and it supersedes The Constitution (Application to Jammu and Kashmir) Order, 1954 and extended all provisions of the Indian Constitution to Jammu and Kashmir.
The Jammu and Kashmir Reorganisation Act, 2019: It is an act of the Parliament of India. It contains provisions to reconstitute the Indian-administered State of Jammu and Kashmir into two Indian-administered Union Territories, one to be called Jammu and Kashmir, and the other Ladakh, on 31 October 2019. A bill for the act was introduced by the Minister of Home Affairs, in the Rajya Sabha, on 5 August 2019. The bill was passed in Rajya Sabha the same day and was passed by the Lok Sabha on 6 August 2019. It received the President’s assent and became an act on 9 August 2019.
Impact of Legislation
Land rates will now increase like in other parts of the country, so landowners will realize the full potential of their asset. Thus prosperity will flow which will lead to integration with mainland India.