new Delhi: Home Minister Amit Shah made a big announcement of Somnath and proposed to remove Article 370 from Jammu and Kashmir. He said that all sections of Article 370 from Jammu and Kashmir will not be applicable. Shah introduced Jammu Kashmir Reorganization Bill in the House. After the statement of Shah, there was a ruckus in the Rajya Sabha. Let's know what is Section 370? Why is this a controversy?
What is Section 370?
The Jammu and Kashmir government had already prepared a draft that would have a relationship with India. The Constituent Assembly of Jammu and Kashmir accepted Article 306 A (now Article 370), including some changes on May 27, 1949. Then on October 17, 1949, this article became part of the Indian Constitution.
According to Section 370, citizens of Jammu and Kashmir have dual citizenship and flag is also different. In Jammu and Kashmir there is no insulting crime of national flag or national symbols. All orders of the Supreme Court of India are not valid in Jammu and Kashmir. Parliament can make laws only in a limited area with regard to Jammu and Kashmir.
The laws of the Center, except defense, foreign, communication, do not apply to J & K. Consent with the Jammu and Kashmir Legislative Assembly to implement the law of the Center is necessary. Section 360 of the Constitution for the Financial Emergency does not apply to J & K. Section 356 is not applicable, President can not dismiss state constitution. In Kashmir, 16% reservation for Hindu-Sikh minorities is not available. The Urban Land Law of 1976 does not apply in Jammu and Kashmir. RTI and RTE is not implemented in Kashmir due to Section 370. The term of the Assembly of Jammu and Kashmir is not 5 years, it is 6 years.