On August 5, 2019, the Centre scrapped Article 370 of the Indian Constitution that granted special status to the then state of Jammu and Kashmir. A bill was introduced in the Parliament to bifurcate the state into two union territories.

What was Article 370

According to the Indian Constitution, under Article 370, other than matters related to defence, foreign affairs, communications and issues specified in the Instrument of Accession of Jammu and Kashmir, Parliament needed the state government’s ratification for all other laws. The article was drafted in part XXI of the Indian constitution and titled “Temporary, Transitional and Special Provisions”.

The state assembly after its establishment was empowered to recommend the articles of the Indian constitution that should be applied to the state or to abrogate Article 370 altogether. After consulting the state’s Constituent Assembly, the 1954 Presidential Order was issued.

The 1954 presidential order said: “In exercise of the powers conferred by clause (1) of Article 370 of the Constitution, the President, with the concurrence of the Government of the State of Jammu and Kashmir, is pleased to make the following Order…”

Article 35A

In 1954, after the presidential order, Article 35A was inserted. Article 35 A stated gave special status to the state and allowed the state legislation to define “permanent residents” of the state and provide special rights and privileges to those permanent residents. According to the article, non-permanent residents of the state, even if Indian citizens, were not entitled to purchase land or apply for a government job in Jammu and Kashmir.

On 5 August 2019, President Ram Nath Kovind issued a Presidential Order, using special powers, that stated all the provisions of the Indian Constitution are to apply to the State, stripping Jammu and Kashmir of its special status.

Until August 2019, residents in Jammu and Kashmir lived under a separate set of laws, including those related to citizenship, ownership of property and fundamental rights.

The New Reorganisation Bill

The Jammu & Kashmir Reorganisation Bill, 2019, which was passed by Parliament in August 2019, splits the state into two Union Territories. The new bill stated that any Indian citizen can work and purchase land in Jammu and Kashmir. On October 31, 2019, Jammu, Kashmir and Ladakh were split into Union Territories.

Read the full Jammu & Kashmir Reorganisation Bill, 2019 here http://egazette.nic.in/WriteReadData/2019/210407.pdf