Article 370 gone, Jammu & Kashmir UT status on: Top developments of historic day

The Narendra Modi government on Monday moved to dramatically alter the status quo in the troubled state of Jammu and Kashmir. The government ended days of speculation by making public its decision to effectively revoke the controversial Article 370 of the Indian Constitution and to bifurcate the state of Jammu and Kashmir into two Union Territories.

Article 370 accords special status to Jammu and Kashmir, allowing the state to have its own constitution, flag and rights. On Monday morning, home minister Amit Shah rose in Rajya Sabha to announce that the government was moving a Presidential order for Parliament's ratification.

The Presidential order used a clause of Article 370 to say that provisions of Article 370 would no longer be applicable in Jammu and Kashmir, a move that essentially revokes the article without actually doing so.

In a follow-up, but equally bold move, Amit Shah also said the government was moving a bill to bifurcate the state of Jammu and Kashmir into two Union Territories -- Jammu & Kashmir and Ladakh. While the Union Territory of Jammu & Kashmir would have a legislature, a la Delhi, Ladakh would not.

The Narendra Modi government's historic decision on Jammu and Kashmir, which ranks among the most unprecedented political moves in the country, will be debated for days, even weeks to come. Here is everything you need to know about what happened on Monday.

What did the government do today?

The government today moved a resolution to effectively abolish Article 370, which gives special powers to the state of Jammu and Kashmir. The government also introduced a Bill to divide the state into two Union territories -- Jammu and Kashmir, Ladakh.

So Jammu and Kashmir is no longer a state?

Short answer: Not yet. The Rajya Sabha has passed the Jammu & Kashmir Reorganisation Bill which bifurcates the state into two Union territories. The Lok Sabha (where the BJP has a brute majority) now must pass the Bill, which will then go to the President for his assent. Once the President signs the Bill and the government issues a notification, Jammu and Kashmir will no longer be a state.

READ | Jammu & Kashmir, and Ladakh: This is how the redrawn map will look like

Basically:

• J&K has been reorganised into two Union territories -- Jammu and Kashmir and Ladakh.
• Jammu and Kashmir will have a legislature like Delhi and Puducherry, where key subjects like law and order are with the Centre
• Ladakh will have no legislature like Chandigarh
• The Governor of Jammu and Kashmir will now become a Lieutenant Governor.

And, what about Article 370? Has it been scrapped?

Technically: No. As of now, the government has used a clause within Article 370 to make the provisions of the article inoperative.

Let us explain.

• Article 370 stays very much as part of the Constitution and cannot be repealed or abrogated without a constitutional amendment in accordance with Article 368.
• No such bill was moved by Amit Shah in Parliament today.
• Section 3 of Article 370 empowers the President to declare the special status granted to Jammu and Kashmir under the Article inoperative anytime.
• President Ram Nath Kovind has signed the official notification declaring provisions of Article 370 inoperative.

READ | How govt used Article 370 to kill Article 370

What even is Article 370?

Article 370 is an enabling provision. It explains which parts of the Indian Constitution have jurisdiction over Jammu and Kashmir, which adopted a separate state constitution for itself during the 1950s.

According to it, the Central government needs the concurrence of J&K state government for applying laws. Now that changes.

READ | Article 370 has not been scrapped. What does Modi govt move on Kashmir mean?

So what happens to Article 35A?

Article 35A, making a distinction between the permanent residents of Jammu and Kashmir and the outsiders, will also cease to have any effect in Jammu and Kashmir.

Why did the government move to revoke the powers of Article 370?

Revoking Article 370 of the Constitution has been a key part of the BJP's core agenda and has always struck an emotional chord with its rank and file after its ideologue Syama Prasad Mookerjee died in a Jammu and Kashmir jail in 1953 to protest the state's special status and demand its complete integration with the Union.

Apart from ideology, the Modi government:

• Blamed Article 370 for the separatist movement in the state.
• Said terrorism cannot be eliminated in J-K until Article 370 and 35A are in existence.
• Claimed it has hindered development and bred corruption.
• Held special provisions responsible for the denial of the right to education and reservation for minorities.
• Said that because no outsiders can buy land, it has prevented the building of adequate healthcare services/industry.

Has anybody supported the Modi government on its Article 370 move?

Yes, apart from NDA allies Shiv Sena, RPI, Akali Dal and others, regional parties like BSP, AAP, BJD, TRS and AIADMK extended full support to the resolution to effectively scrap Article 370 and the Bill to bifurcate Jammu and Kashmir. You can read all about that here.

How has the Valley reacted to these developments?

Since communication in the Valley is currently snapped, there are no first-person reports from the ground.

The situation in Kashmir Valley appeared to be "under control" as no untoward incident was reported on Monday.

However, this can be attributed to the fact authorities have imposed curfew in Kishtwar and Rajouri districts and in the Banihal area of Ramban district, while restrictions were imposed in many districts of Jammu division and Srinagar.

NOTE: Former Jammu and Kashmir chief ministers Mehbooba Mufti and Omar Abdullah, who were under house arrest since Sunday night, have been arrested. Jammu and Kashmir People's Conference leaders Sajjad Lone and Imran Ansari have also been arrested.

What is the Opposition saying on these developments related to Jammu and Kashmir?

Home Minister Amit Shah's announcement evoked strong protests from the opposition with leaders of Congress, TMC, DMK, NCP and Left raising slogans and storming the well of the House.

Some opposition parties termed the scrapping of Article 370 in Jammu and Kashmir and its bifurcation into two union territories as a "black spot". While Congress leader Ghulam Nabi Azad Monday said that the state's head, considered as India's crown, has been "chopped off" and its identity removed, TMC MP Derek O'Brien said that the Centre was committing "procedural harakiri".

READ | Today we lost Kashmir: Kapil Sibal accuses govt of evading debate on Article 370

Why were all eyes on Amit Shah today?

• It began in the last week of July when the Centre ordered the deployment of about 10,000 central forces personnel in Kashmir on grounds that it was to strengthen counter-insurgency operations and law and order duties.
• The move was questioned by the state and opposition parties that raised concerns over the 'intentions' of the Union government and claimed that the Centre was planning "something big".
• Panic started in the Valley, where more security force, mostly CRPF personnel, was deployed later at vulnerable spots in Srinagar and other parts of Kashmir. This was in addition to the 100 companies.
• The drama heightened when the Army said that Pakistan-based terrorists are planning to target the ongoing Amarnath Yatra. Then, the Jammu and Kashmir administration issued an advisory, asking yatris and tourists to "curtail" their stay in the Valley and leave immediately.
• Meanwhile, the state Governor Satyapal Malik asked political leaders in the state to tell their supporters to maintain calm.
• Authorities stepped up security at vital installations and in sensitive areas, suspended mobile internet services and either "arrested" or "detained" several leaders on Sunday night.
• Following a night of suspense, the Union Cabinet met.
• Soon after, Amit Shah announced the revocation of Article 370, capping days of speculation, anxiety and suspense.

READ | J&K to become state again when the time is right, says Amit Shah

So, what's next for Jammu and Kashmir?

• Both provisions (Article 370, bifurcation) need to be passed in Lok Sabha.
• The government is likely to set up a commission for delimitation of constituencies. Sources in the government said delimitation commission will be set up soon.
• If Kashmir's special status is repealed, people from the rest of India would have the right to acquire property in Jammu and Kashmir and settle there permanently.