Daijiworld Media Network - New Delhi 

New Delhi, Aug 3: The BJP government in Rajya Sabha on Monday abolished Article 370, which gives special status to Jammu and Kashmir. 

Also, a separate bill was passed to bifurcate the state into two separate union territories, namely Jammu and Kashmir, and Ladakh. 

The resolution moved by home minister Amit Shah, received massive opposition uproar. However, his resolution came after the President issued a notification in this regard and also moved the Jammu and Kashmir Reorganisation Bill 2019. 

After the Union Cabinet's decision, Shah proposed to scrap Article 370 and moved two resolutions and two Bills in the Rajya Sabha. 

1. Constitution (Application to Jammu and Kashmir) order, 2019

This is as per provisions of Article 370 (1). Exercising powers, President revoked Article 370. It shall come into force at once, and shall thereupon supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time. 

2. Resolution for Article 370

It ceases to exist, as per Article 370(3). In the present situation, simple majority of both the houses needed to pass the resolution. The expression "Constituent Assembly of the State referred to in clause (2)" shall read "Legislative Assembly of the State". 

3. Bill for re-organisation of J&K

It is to reorganise the state into two separate Union Territories -- Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a legislature. The new J&K Union Territory will comprise the territories of current Jammu and Kashmir regions. The Governor of current J&K will be the Lt Governor of the J&K and Ladakh UTs. 

The J&K Assembly will have a term of five years and will have 107 MLAs strength. Out of 107 MLAs, 24 seats will be left vacant of PoK region. The outgoing Assembly had 111 members, in which 87 were elected members, 2 were nominated, while 24 seats in PoK were left vacant. 

Rajya Sabha to continue to host four sitting members from current J&K. Five Lok Sabha seats have been allocated to J&K Union Territory and one for Ladakh UT. All the bills passed by the Assembly will be sent to LG for his consent. LG can give his assent, withhold it or send the bill for consideration of the President. 

4. Bill for reservation of 10% for EWS in J&K

The Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 for implementation of the 10 percent Economically Weaker Section (EWS) quota in the state. After the bill is passed by the Parliament, all residents of the state with income below Rs 8 lakh per annum would benefit from 10 per cent quota. It was approved by the Union Cabinet on July 31. 

The proposed legislation could not be brought before the Jammu and Kashmir Assembly which has been dissolved. Parliament has earlier passed the Jammu and Kashmir Reservation (Amendment) Bill, 2019 which provides people living near the International Border in Jammu and Kashmir to get the benefit of reservation in jobs, promotion, and educational institutions on par with those living along the Line of Control (LoC). 

What will change if Article 370 is revoked? 

Jammu and Kashmir will adhere to the Constitution of India if Article 370 is revoked. Earlier, Jammu and Kashmir enjoyed a special autonomous status and had its own separate constitution. People from outside J&K can buy property in state and settle there. Earlier, Article 35A, based on Article 370 gave special rights only to the state’s ‘permanent residents.’ 

With bifurcation of the state in two union territories, law and order machinery which was earlier under the control of state government has to be restructured. Now, there are chances that the power-sharing model may be like Delhi, where union government is in-charge or Puducherry where law and order is a state subject. 

Central laws will automatically affect the state, unlike the earlier procedure where the Centre had to ask approval from state legislature to draft and enact laws. 

Jammu and Kashmir had the permission to have its own flag. However, if Article 370 is revoked, it is up to the Parliament to decide on allowing J&K to have its own flag.