In August 2019, the Centre passed a bill scrapping Article 370 of the Indian Constitution that granted special status to the then state of Jammu and Kashmir. The state was also divided into two union territories.

What was Article 370?

According to Article 370, other than matters related to defence, foreign affairs, communications and issues specified in the Instrument of Accession of Jammu and Kashmir, the state assembly had to ratify all laws passed by Parliament. Until August 2019, residents of the state lived under a separate set of laws, including those related to citizenship, ownership of property and fundamental rights.

Why was Article 370 scrapped?

The Bharatiya Janata Party had long opposed Article 370 and revoking it was in the party’s 2019 election manifesto.

Union Home Minister, while scrapping the article said, “Article 370 has only alienated J&K from the country. Only three families have looted the state and have benefited from it. The country wants to know why Article 370 was extended for so long, why people did not benefit from reservation, why so much money was pumped into J&K but why are the people still poor? Not a second should be wasted in removing Article 370.”

Changes after abrogation

Scrapping of the article meant that the state of Jammu and Kashmir no longer had a separate constitution and had to abide by the Indian constitution much like any other state. All laws passed by Parliament are now automatically applicable to Jammu and Kashmir. People from outside the state can also buy property there.

Legal stance

The Constitution states that Article 370 could only be modified with the agreement of the state government but since the state had been under President’s rule since June 2018, this rule was not applicable.

The Centre had imposed the President’s rule after the government of the then chief minister, Mehbooba Mufti, was reduced to a minority.

“There is a provision under Article 370 that the President may by public notification declare that this article shall cease to be operative… from such date as he may specify… Because there is President’s rule, all decisions of the Assembly will be taken by the House and we can pass the order with majority,” Shah had said in the Upper House, reported the Mint.

How things unfolded on ground

Days before the order scrapping Article 370 was issued, on August 2, 2019, the Centre issued an order asking tourists to leave the state. The Indian Air Force and the Army was put on high operational alert and security was beefed up across the state with the induction of fresh paramilitary forces personnel.

August 3, 2019: All state party leaders met then governor Satya Pal Malik seeking assurance that the state’s constitutional status would not be changed. “They’ve gone satisfied. Whatever they expected from me I did. As far as I know, there’s no inclination that something’s going to happen here,” Malik had said.

August 4, 2019: Hundreds of NIT Srinagar students left the Valley and countries like Germany, UK issued advisory against travelling to Jammu and Kashmir.

August 5, 2019: The security was beefed up in sensitive areas. Phone and mobile internet services were suspended. Several leaders were detained. The government imposed restrictions on movement of people till September 5.

The state was bifurcated into two Union territories.

Communication blackout

As a precautionary measure, the Centre snapped phone and internet services in the state to stop any untoward incident. The prolonged communication blackout was eased in phases with limited broadband service in Kashmir and 2G mobile coverage in parts of Jammu, starting from January 2020.

New Domicile Law

An official statement released by the Centre in May 2020 stated, “The Union Cabinet, chaired by Prime Minister Narendra Modi, has given its ex post facto approval for the Jammu & Kashmir (Adaptation of State Laws) Second Order, 2020 issued under section 96 of Jammu & Kashmir Reorganisation Act, 2019.”