India Today – August 19, 2019

The Big Story / J&K

posed any such move.

The BJP’s 2015 pact with the PDP to

form a government was a halfway house.

Shah had already begun studying what

he saw as the problems faced by both

Kash miris and non-Kashmiris due to the

controversial Article 370. Its abolition is

one of the three cornerstones of the RSS’s

core political ideology. The other two are a

uniform civil code in the country and the

construction of a Ram temple in Ayodhya.

The BJP has made a beginning on all three

issues in the first two months of its second

consecutive term at the Centre. Shah, who

took over as home minister on May 31, im-

mediately set down to work on Article 370.

For him, it was the only way to solve J&K’s

problems, be it terrorism or the state’s per-

ceived backwardness. It reportedly took all

of Shah’s persuasive abilities to bring on

board the two most influential persons in

the government—PM Modi and defence

minister Rajnath Singh.

Shah felt the government had to strike

while the iron was still hot; the euphoria

over the BJP’s 303-seat victory in the Lok

Sabha election was yet to subside. Ap-

proval for the proposal rested on the home

minister’s confidence and his assurance to

the PM that the consequences of the move

could be handled. National Security Advi-

sor (NSA) Ajit Doval and law and justice

minister Ravi Shankar Prasad were con-

sulted next. Shah wanted to know how the

government could go about it. B.V.R. Sub-

ramanyam, an IAS officer of the Chhat-

February 1975

SheikhAbdullahreturnsas

CMandcontinuestill 1982

1987

Massiveriggingofstateas-

semblypollshelpsNCleader

FarooqAbdullahcometo

power.Itinstigatesanarmed

insurgency,ledbytheJammu

KashmirLiberationFront

(JKLF)backedbyPakistan-

basedterrorists

1989-

Militantstakeaimatanyone

closetotheestablishment;

KashmiriPanditsbearthe

brunt,overa 100 killedin

1990 alone.Nextdecadesees

exodusof150,000Pandits

January 1990

FarooqAbdullahresignsas

CMtoprotestagainstthe

killingofKashmiridemon-

stratorsbyCRPFtroopsat

Gawkadal.President’srule

comesintoforce.TheCentre

imposesArmedForces

SpecialPowersAct(AFSPA)

underGovernorJagmohan

July 1999

Kargilwareruptsfollow-

inginfiltrationbyPakistani

militantsandsoldiers

October1, 2001

SuicideattackbyJaish-e-

Mohammedmilitantsonthe

legislativeassemblyinSri-

nagar,followedbytheattack

onParliamentonDec. 13

February10, 2013

ThehangingofAfzalGurufor

hisallegedroleinthe 2001

Parliamentattacksparks

protestsintheValley

May 2014

PMNarendraModiinvites

A CHEQUERED HISTORY

ARTICLE 370

ARTICLES 370 AND 35A

MYTHS AND FACTS

Q. Have Articles 370 and 35A

been repealed?

A. Article 370 hasn’t been rep ea led;

a presidential order has ‘diluted’ its

scope, making the Indian Constitu-

tion and laws passed by Parliament

applicable in J&K. However, Article

35A is now void—its provisions res-

ted on the framework of Article 370.

Q. What is the current

status of Article 370?

A. It remains, but is toothless. One

if its own provisions—Clause 3—was

used to nullify it. Clause 3 allows

the President of India to modify

provisions of Article 370, provided

he has the consent of the Con-

stituent Assembly that drafted the

constitution of J&K. A presidential

order on August 5 construed the

reference to the Constituent Ass-

embly as the Legislative Assembly

of J&K; and as the legislative

assembly is in suspension and J&K

is under central rule, Parliament

is deemed to have assumed the

role of the legislative assembly. A

statutory resolution by Parliament

recommended that the President

declare all clauses of Article 370

inoperative in the state.

Q. Can J&K retain its consti-

tution and flag?

A. No. The state will now be subject

to the Indian Constitution

and fly the Indian flag.

Q. Will J&K have a chief

minister?

A. J&K is now a Union territory like

Delhi or Puducherry. It will have a

legislative assembly and the leader

of the single largest party or coali-

tion will be chief minister. However,

policing will remain with the Union

government, and the Indian Penal

Code will replace the former state’s

Ranbir Penal Code.

Q. Can outsiders now buy

property in J&K?

A. As it stands now, yes. Article

35(A) ensured only “permanent

residents” are entitled to property

rights, employment in state govern-

ment, scholarships and other social

benefits. With the deletion of this

article, any Indian citizen from any

part of the country will be able to

buy property in J&K, take a state

government job and enjoy state

benefits such as scholarships.

Children of a woman marrying

outside Jammu and Kashmir will not

lose property rights. The Centre,

however, is believed to be contem-

plating laws along the lines of those

in hill states like Himachal Pradesh

limiting the types of land outsiders

can purchase.