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No Separate Constitution Or Flag: What Losing Special Status Means For Jammu And Kashmir

What happens to Jammu and Kashmir without its special status?
An paramilitary soldier guards during security lockdown in Jammu, Aug. 5, 2019.
ASSOCIATED PRESS
An paramilitary soldier guards during security lockdown in Jammu, Aug. 5, 2019.

Union home minister Amit Shah on Monday told the Parliament that the Narendra Modi government had scrapped Article 370 of the Consitution, which grants special status to Jammu and Kashmir.

Shah moved a bill in the Lok Sabha to reorganise the state of Jammu and Kashmir into two union territories of Jammu and Kashmir, and Ladakh. The bill has already been passed in the Rajya Sabha.

What happens to Jammu and Kashmir without its special status?

The IPC comes into force

The Indian Penal Code (IPC) will replace the Ranbir Penal Code (RPC) to deal with criminal matters and Article 356, under which President’s rule can be imposed in any state, will also be applicable in union territories (UTs) Jammu and Kashmir, and Ladakh with the unprecedented decision of the Centre.

No separate flag

There will be no separate flag of Jammu and Kashmir and the tricolour will be the only national flag for the entire country, a Home Ministry official said.

No separate constitution

There will be no separate Constitution for Jammu and Kashmir and the Indian Constitution will govern the two union territories to be created.

Till now, in the case of the state government failing to function, Governor’s rule in J&K was imposed by invoking Section 92 of the Constitution of Jammu and Kashmir for a period of six months and was further extendable by imposing President’s rule, an official told PTI.

With the revocation of Article 370, Article 356 can be invoked and President’s rule can be imposed right way in case of need.

5-year tenure for assembly

The Union Territory of Jammu and Kashmir will have a legislative assembly will have a tenure of five years like all the states and UTs of Delhi and Puducherry. Till now, the Jammu and Kashmir Legislative Assembly had a tenure of six years.

Centre can declare financial emergency if needed

The government can also invoke Article 360 in the two UTs to declare financial emergency if need arises.

RTI in force

Henceforth, the Right to Information (RTI) Act will be applicable to the new UTs to be created, the official said.

(With PTI inputs)

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This article exists as part of the online archive for HuffPost India, which closed in 2020. Some features are no longer enabled. If you have questions or concerns about this article, please contact indiasupport@huffpost.com.