NEW DELHI: The Modi government has taken a historic action on Jammu and Kashmir on Monday. In a statement in the Upper House, Union Home Minister Amit Shah said that no clause except section 370 will be applicable in Jammu and Kashmir. So let us know what is the special rights as per Section 370 and its provision.
-As per the provisions of Section 370, Parliament has the power to make laws on defence, foreign affairs and communication regarding Jammu and Kashmir. But the Centre needs the approval of the State Government to enforce the law relating to any other matter.
-Because of this particular document, Section 356 of the Constitution does not apply to the State of Jammu and Kashmir. Therefore, the President does not have the power to dismiss the Constitution of the State.
- The Urban Land Act of -1976 does not apply to Jammu and Kashmir.
It empowers an Indian citizen to purchase land anywhere in India except for the states which have special powers. - People from other states of India cannot buy land in Jammu and Kashmir.
-Section 360 of the Constitution of India, which provides for the imposition of financial emergency in the country, also does not apply to Jammu and Kashmir.
The merger of Jammu and Kashmir with India was a great necessitation and some special powers under Section 370 were given to the people of Kashmir at that time.
- The citizens of Jammu and Kashmir have dual citizenship.
- The national flag of Jammu and Kashmir is different.
-The term of the Jammu and Kashmir Assembly is 6 years while the term of the Assemblies of other States of India is 5 years.
- In Jammu and Kashmir, the humiliation of India's national flag or national symbols is not a crime.
-The orders of the Supreme Court of India are not valid within Jammu and Kashmir.
- The Parliament of India can make a law in a very limited area with regard to Jammu and Kashmir. - If a woman from Jammu and Kashmir marries a person from any other State in India, the citizenship of that woman will be abolished. On the contrary, if she marries a person from Pakistan, she will also get the citizenship of Jammu and Kashmir.
-Laws like RTI and CAG do not apply in Kashmir because of Section 370.
- The Shariah law is applicable to women in Kashmir.
-The Panchayat is not empowered in Kashmir.
-In Kashmir, peons get only Rs 2500.
- Minorities [Hindu-Sikh] in Kashmir do not get 16% reservation.
- Because of Section 370, people outside Kashmir cannot buy land.