Reportedly against the clamor raised by many Opposition members in and outside Parliament, what Union Home Minister Amit Shah said in the Rajya Sabha was not scrapping or abrogating Article 370 of the Indian Constitution. Meanwhile Article 370 is an enabling provision in the Indian Constitution defining the legal relation of Jammu and Kashmir with the Union of india. Further Section 3 of Article 370 empowers the President to decide the limit of the provisions.
Furthermore Article 370 stays very much as part of the Constitution and cannot be repealed or abrogated without a constitution amendment in accordance with Article 368 and no such bill was moved by amit shah in Parliament yesterday. Reportedly the government has used the same Article 370 to super cede previous Presidential Orders extending the Indian Constitution in totality to Jammu and Kashmir. Previously, only a set of limited provisions such as foreign relations, communication and defense had jurisdiction over Jammu and Kashmir.
Moreover purchasing land and owning property by people, considered outsiders till now, would be possible. Hence this was considered a major reason preventing corporates setting up big units in Jammu and Kashmir and the clause relating to permanent residents deny Kashmiri women, who marry non-Kashmiri men, and their children their right of inheritance. Perhaps the status of Jammu and Kashmir police cadre will be redefined. Apparently they may be included in DANIPS (delhi, andaman and Nicobar Islands Police Services) or may be granted a separate status.
