The decision to nullify the Article 370 was an historic bold decision taken by our PM. Narendra Modi and well executed by our HM. Amit Shah. It was one well-thought, well-planned and well-executed in close assistance of the NSA. Ajit Doval.
Earlier there was misty perception that the Article was essential for keeping the identity of Jammu and Kashmir and it was a pre-condition for its merger with Union of India. However it was a mistaken notion as it is fact that this state had been merged with India much earlier then the time it was inserted in the Constitution.
The said article was merely an enabling tool to assist in setting an administrative mechanism between the union government and the state. Nothing more than that. Many call this "later insertion" was just Nehru's unwanted sympathy and love for Sheikh Abdulla's political whims.
Citizens of India adopted our constitution, in order to regulate ourselves in the orderly society of India. However, due to war hostilities initiated by the Pakistan in 1947, subsequently only two articles namely Article 1 and Article 370 were applied by the National Constituent Assembly in Jammu and Kashmir and rest of the constitutional provisions were constitutionally assigned to the powers of the President of India to apply with modification or exception, as the President deems fit and appropriate.
{The President being the executive head of the Union, on 14.05.1954, the President issued a Constitutional Order 1954 whereby Part III was modified in such a way that Article 35A was added to deny the fundamental rights of state employment, education, residence, right to vote in state assembly and local bodies, to all citizens of India whose ancestors had not settled in J and K in the period prior to 14.05.1944.
This provision was nothing but a homage to ancestry and racial in nature. Thus the State Constitution was framed on the basis of Constitution Order 1954 (CO 1954) exclusively for those citizens and their heirs who had settled in Jammu and Kashmir on or before this cut-off date 14.5.1944.}
In the last seven decades the erstwhile Jammu and Kashmir state has been besieged by corruption, nepotism and terrorism. Therefore, in order to ensure meaningful sharing of fruits of economic, social and political justice amongst the residents citizens of J and K the financial assistance provided by the Central Government and to eradicate the menace of corruption and mal-administration prevalent in the State, the state needs to be constantly monitored for establishment of the ethos of the Constitution.
Thus, the division of State and conversion of the State into 2 U.Ts. appears to be a viable and administratively sound proposition. All important aspect of public administration needs to be monitored centrally for a period of at-least 2-3 years. Thus
In pursuance of the above abnormal circumstances the present BJP(NDA) Government led by PM. Narendra Modi and ably assisted by the HM. Amit Shah boldly dared to present and pass the Re-organisation Act 2019 successfully through the Parliament abolishing everything of Article 370 except the Article 1 and with this Article 35A was also extinguished.
The Nationalist forces had been constantly raising voices against the misuse of Article 370 and the establishment of system of governance being in flagrant violations of basic tenets of the Constitution of India.
With the new generation of 21st Century taking the advantages of communication joined to form a consensus amongst the People India against Article 370 and Article 35-A issued under C.O. 1954 and the system of governance under Article 35-A through the Constitution of J and K.
The next important task of India is to take back PoK. illegally occupied by Pakistan and to take back PoK we need first to withdraw the illegal Nehru petition to UNSC in 1947 Dec. The LoC then becomes illegal and thus Indian forces can cross over. Muzzafarabad is easy to take.
Important visible changes occurred /cured :
A) No separate flag for the new UTs, no separate constitution.
B)All the Panchayats have similar power and work culture as in rest of India.
C) All Indian laws as per Indian Constitution will be applicable here also. List given below and that rights to education, rights to information, protection of human rights of women specially those married to non-Kashmiris etc.
D) Any Indian can buy land and properties here and can settle here.
E) No separate citizenship rights for the citizens as earlier.
F) All S.C. and the S.T. (Prevention of Atrocities) protection rights will be applicable.
G) Compulsory Employment of Manual Scavengers will be disallowed.
H) Many reforms like Stopping child marriage, abolition of Teen Talak, minorities rights as applicable in India will now be similarly applicable.
Following Acts will now become operational in both UTs
1)Jammu and Kashmir and 2) Ladakh :
Aadhar (Targeted Delivery and Services) Act, 2016, Commission for Protection of Child's Rights Act, 2006., The Consumer Protection Act, 1986.,The Employment of Manual Scavengers Construction of Dry Latrines (Prohibition)Act, 1993.; The National Commission for Minorities Act, 1992.; The National Commission for Minority Educational Institutes Act, 2005.; The National Commission for Safai Karamcharis Act, 1993.; The National Commission for Women Act, 1990.; National Security Act, 1980.; The Prevention of Corruption Act, 1988.; The Prohibition of Child Marriage Act, 2007.; The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.; The Protection of Children From Sexual Offences Act, 2012.; The protection of Human Rights Act, 1994.; The Right of Children to Free Compulsory Educ. Act, 2009.; The Right to Information Act, 2005.; The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2007.; The S.C. and the S.T. (Prevention of Atrocities) Act, 1989.