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Modi Govt Scraps Article 370; J&K's UT Status Temporary, Says Amit Shah

The Bill provides for bifurcation of the state into two union territories of Jammu and Kashmir and Ladakh.

New Delhi: In a big triumph for the government, the Rajya Sabha on Monday passed the Jammu and Kashmir Reorganisation Bill 2019 and adopted the resolution to abrogate the Constitution's Article 370. It was passed with 125 'Ayes' and 61 'Noes'. The bill would now be tabled in the Lok Sabha for consideration and passing. Once it gets the Parliamentary approval and becomes an Act, the state would be bifurcated into two Union territories -- Jammu and Kashmir with a legislature, and Ladakh Union Territory without a legislature. The Rajya Sabha also passed the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 having provisions of 10 per cent reservation for Economically Weaker Sections of upper caste in the state. Replying to the debate on Jammu and Kashmir Reorganization Bill, 2019 in the Rajya Sabha, Home Minister Amit Shah said that it was time for Article 370 to go as the constitutional provision was "the root of all the evils". He said that Article 370 never allowed the democracy to percolate down, and noted that over 41,000 people of the state were killed in the last two decades. Senior Congress leader P Chidambaram called it a “fatal legal error” and questioned the government's move to make J&K a union territory. In the morning when Home Minister Amit Shah moved the resolution on Article 370 in Rajya Sabha, one of the PDP members tore his clothes and then along with another PDP member tore copies of the Constitution, prompting Chairman M Venkaiah Naidu to order that they be physically removed. Kashmir won’t turn into another Kosovo: Amit Shah Allaying opposition fears of all hell breaking loose after the move, Shah replying in Rajya Sabha said, "nothing will happen" and it won't be allowed to turn into another battle torn Kosovo. "It was heaven on earth and will remain so," he said replying to the debate on the resolution and the bill which were taken up together. He said full statehood will be restored to Jammu and Kashmir at "appropriate time" and after "normalcy" returns. The Bill provides for bifurcation of the state into two union territories of Jammu and Kashmir and Ladakh. "Article 370 is biggest hurdle to normalcy in the state," he said adding his government was committed to making Jammu and Kashmir the most developed state in the country. ‘Article 370 root cause of terrorism’ Terrorism, he said, cannot be eliminated from the state until Article 370 and 35A are in existence. The two articles of the Constitution, which give Jammu and Kashmir a special status and does not allow all laws of India to be applicable to the state, have hindered development and breeded corruption, he said. Shah said rule of three families in the state during their 70 years since independence did not allow democracy to percolate and it breeded corruption. Article 370 ruined Jammu and Kashmir and is responsible for poverty in the state, he said. This despite, Rs 14,255 per capita being allocated to J&K as against Rs 3,681 per capita national average, he said. Insisting development was being stalled in the state because of Article 370, he said real estate prices haven't moved in sync with national average while a bag of cement costs Rs 100 more in the state than anywhere else in the nation. Tourism did not develop in the state because of restrictions on purchase of land for outsiders, he said adding no industry can be set up in J&K because of Article 370. Healthcare is crippling in Jammu and Kashmir as no private hospital could be set up due to restrictions placed by Article 370 and 35A, he said. Similar is the situation for education. Right to Education, which guarantees children below a certain age, cannot be implemented in Kashmir, he said. "Why should valley children not get benefit of education," he asked. After abrogation of Article 370, J&K will truly become integral part of India, he said. More than 41,400 people have been killed due to terrorism in Jammu and Kashmir. Whose policy responsible for the deaths, he asked. Article 370, he said, was a temporary provision and how long can a temporary provision be allowed to continue. Rajya Sabha approves a bill to extend 10 pc reservation to economically weaker sections in J&K Rajya Sabha approved a bill to extend 10 pc reservation to economically weaker sections in the state as well as the resolution on abrogating Article 370 by voice vote. TMC, which vehemently opposed the resolution, walked out before Shah began to reply to the debate on it. However, the bill to bifurcate the state was approved by 125 votes in favour and 61 against it. One member abstained. Opposition BSP, BJD, AIADMK and YSR-Congress voted in favour of the bill. What will change in J&K after abrogation of Articles 370 & 35A?
  • A citizen of any part of the country can buy land there i.e. can settle there
  • Any citizen of the country can become a permanent citizen of Jammu and Kashmir
  • To become a permanent citizen means that he will be able to invest, do business.
  • One can get a government job in Jammu and Kashmir.
  • J&K will not have a separate flag
  • Centre will have right on land and police power in J7K
  • A woman who marries a man from a different state will start getting a share in immovable assets
  • It will politically give chance to all parties to rule the state and allow its development.
  • The abrogation of the contentious articles would now put J&K at par with the likes of Delhi and Puducherry.
  • Ladakh will no longer be a part or be associated with J&K and will be like Lakshadweep, Daman and Diu
  • Since Ladakh is now a separate Union Territory, it won't have any legislature.
(With additional information from Agencies)
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