On 5 August 2019, the Modi government, along with abolishing Article 370 from Jammu and Kashmir, ended the state status of the state and divided it to two union territories (Jammu and Kashmir and Ladakh). Since then, the demand to restore the full state status of Jammu and Kashmir has been raised continuously. Even after six years, the full status of Jammu and Kashmir is also restored, then the old status of special state will not be achieved?
Amid the monsoon session, PM Modi and Union Home Minister Amit Shah met President Draupadi Murmu on Sunday. After this, there is a discussion that the government is going to take some big steps, but what will decide, this picture is not clear yet. On 5 August 2019, the Modi government took a historic step by abolishing Article 370.
Now after six years, is the Modi government going to take some big decision on the issue related to Jammu and Kashmir? In such a situation, speculations are being made that the government can again give full state status to Jammu and Kashmir. Ten months ago, the proposal to give full state status to Jammu and Kashmir has been approved by the Lieutenant Governor and the cabinet of Chief Minister Omar Abdullah passed the proposal and sent it to the Central Government through the Lieutenant Governor, which the Modi government has to take the decision.
What is the path of restoration of Jammu and Kashmir?
The Modi government at the Center has to decide to restore the status of Jammu and Kashmir. For the status of the full state, the Central Government will have to adopt the path of Parliament to change the Jammu and Kashmir Reorganization Act. That is why Omar Abdullah -led government is demanding restoration of status for the state from the Center.
The way the Modi government abolished Section 370 through Parliament and the state of Jammu and Kashmir was reinstated in two union territories under the Jammu and Kashmir Reorganization Act, 2019. In the same way, the government will have to change a law in Parliament for full state status and change the restructuring act. This change will have to be done under sections 3 and 4 of the Constitution.
To give full state status of Jammu and Kashmir, approval of new legal changes in the Lok Sabha and Rajya Sabha will be necessary, that is, it is necessary to get this proposal approval from Parliament. After approval, it will be sent to the President. After his approval, the day the President will issue a notification of this legal change, Jammu and Kashmir will get full state status.
What is the status of full state going to give Modi government?
Jammu and Kashmir is a union territory, which means that its administration is directly under the central government. Jammu and Kashmir has its own assembly, but it has less powers than the entire state. Police and law and order in union territories remain under the central government. Apart from this, the right to land would also be with the Central Government, which the government controls through the Lt. Governor. Omar Abdullah has been demanding full state status to Jammu and Kashmir for a long time. Apart from this, other leaders of Jammu and Kashmir are also continuously raising this demand.
The central government has the right to give full state status to Jammu and Kashmir. The Modi government of the Center has also said that the full state status of Jammu and Kashmir will be restored when the time comes. Union Home Minister Amit Shah has said from several forums that the status of the full state of Jammu and Kashmir will be restored at the right time, but it cannot be told on the public platform when it will happen. In such a situation, it is clear that the Modi government is in favor of giving full state status of Jammu and Kashmir, but the time limit is not fixed.
After six years, it seems that the Modi government can take some positive steps on this, there is also a discussion in the political corridors that it can be announced a big announcement during the session. On August 5, 2019, after finishing Section 370 from Jammu and Kashmir, a Union Territor was formed, then after six years, he can give a political message by taking steps to restore the status of full state. The speculation about this started to be done when Jammu and Kashmir Chief Minister Omar Abdullah visited Kevadia in Gujarat and described Jammu and Kashmir as a quiet and safe place.
Praising Omar Abdullah, PM Modi said that this attempt to connect Jammu and Kashmir and the rest of the country through tourism is commendable. Recently, Imran Raza Ansari, President of All Jammu and Kashmir Shia Association met Amit Shah in Delhi. During this, he raised some important issues related to the people of the Union Territory. He also spoke of rehabilitation of families affected by terrorism. Due to this, it is estimated that the Modi government can take a big decision regarding Jammu and Kashmir.
What will change the status of state status to Jammu and Kashmir
If the Modi government does the restoration of the state of Jammu and Kashmir, then many things will change. The Legislative Assembly of Jammu and Kashmir will get the rights to enact laws in public order i.e. public order and concurrent list matters. If the government introduces a financial bill, he will not need to get the approval of the Lieutenant Governor. The state government will be fully controlled by the state government bureau and all India services, that is, the transfer and posting of the officials in the state will be done according to the state government, it will not be controlled by the State Government.
Changes in Article 286, 287, 288 and 304 will get all the rights to the state government in business, tax and commerce cases due to the restoration of the state. 10 percent of the number of MLAs in the Union Territory can be made, this bond of ministers will also be eliminated by the restoration of state status and up to 15 percent of the number of MLAs will be made ministers.
Police and law and order remains under the central government in union territories, but if the status of full state is found, then this responsibility will be completely in the hands of the state government, so that the state government will be able to take decisions related to law and order directly. The central government controls the cases related to land and revenue, but when a state gets full state status, this right goes to the state government. This increases the autonomy and freedom of the state. The role of the Lieutenant Governor decreases when the full state is formed and the governor is appointed, which mainly play a formal role, as in other states.
State government will not be able to do this work after getting full state
After independence, Jammu and Kashmir became an integral part of India, but due to Article 370, Jammu and Kashmir had special state status. Under this, Jammu and Kashmir had a special autonomy, the Indian Parliament had the right to enact laws on limited subjects in relation to the state, such as defense, foreign matters and communications. Parliament could make a law on other subjects only when the state government agrees to this. Due to Article 370, most of the sections of the Constitution were not applied to the state of Jammu and Kashmir.
Due to special states, people of other states of India could not buy land in Jammu and Kashmir. Jammu and Kashmir was allowed to form its constitution. This article limited the legislative powers of Parliament, under which it could not enforce the central law in Jammu and Kashmir on the subjects included in the Instrument of Accession (IOA). Jammu and Kashmir had a separate constitution, the state also had its own flag. Apart from this, corruption against the leaders in Jammu and Kashmir was also not being investigated.
Jammu and Kashmir’s special power ended with the end of Section 370. If the Modi government now restore the status of full state, then the state government will not have the same strength as before. The state government will get the right to police and land, but Ladakh, separated from Jammu and Kashmir, will not be connected again. Apart from this, the powers of the state government will also be limited.
There are some areas in Jammu and Kashmir, where the powers of the state government will not be implemented as before. Under the Jammu and Kashmir Reorganization Act, 2019, the central government has some special powers, which can limit the powers of the state government. Security and law and order can be under the central government, which will limit the powers of the state government. Apart from this, there may be some restrictions on the financial powers of the state government, such as some financial decisions will require the approval of the central government.
Some policy decisions of the state which were earlier under the state government, can now be under the central government, which can limit the powers of the state government. Apart from this, there was a system of Legislative Council in the state, which the state government will not be able to restore even if it wants. Its decision will be taken with the Central Government and the state government will not be able to stop the decision of the central government from implementing it in the state. The state government will not be able to stop all the provisions of the Indian Constitution from implementing Jammu and Kashmir.
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