New Delhi: The Centre has technically read down the Article 370 in the Constitution. Article 35A has been scrapped by suspension of the 1954 presidential order and all the provisions of the Constitution are now applicable to Jammu and Kashmir.
After the erosion of its distinct identity, Article 370 will apparently begin a new association with the law of the country through various articles in the Constitution and its identity as a Union Territory. As a result, the Centre has spelt out that 106 laws shall be applied to the Union Territory Jammu and Kashmir under the fifth schedule.
These laws will include Hindu Succession, Hindu Marriage Act & other property inheritance laws, and along with IPC, CrPC.
Senior advocate Rakesh Dwivedi, who specialises on the Constitution, said “This is a very crucial transitional phase for the state as it gets reorganized into a Union Territory (UT). After declaring J&K a UT, the Centre has powers to declare laws for it too, for example, the RTI, the Hindu Marriage Act etc., as J&K has been integrated into the Constitution.”
Jammu and Kashmir, after emerging as a UT, could attract the Article 3 of the Constitution, which provides the avenue for creation of a new state or re-draws boundaries through a bill tabled in Parliament on the President’s recommendation after holding consultation with the legislatures of the affected state.
“The autonomy of Jammu and Kashmir shielded it from the application of Article 3, which was used to create new state like Telangana. Now, if Centre wants, new boundaries can be drawn,” added Dwivedi. (IANS)
