The Centre has technically read down the Article 370 in the Constitution. Article 35A has been scrapped by suspension of the 1954 presidential order and all the provisions of the Constitution are now applicable to Jammu and Kashmir.
In the process of extending such laws in J&K and constituting delimitation commission assembly elections in the state are likely to be delayed because it is time consuming process.
Official sources said that after bifurcating erstwhile state of J&K in to two Union Terrorities (UT), the Union Government has to set up delimitation commission to redraw new assembly assembly constituties.
Meanwhile after the erosion of its distinct identity, Article 370 will apparently begin a new association with the law of the country through various articles in the Constitution and its identity as a Union Territory. As a result, the Centre has spelt out that 106 laws shall be applied to the Union Territory Jammu and Kashmir under the fifth schedule.
“This is a very crucial transitional phase for the state as it gets reorganized into a Union Territory (UT). After declaring J&K a UT, the Centre has powers to declare laws for it too, for example, the RTI, the Hindu Marriage Act etc., as J&K has been integrated into the Constitution”, experts said.
Jammu and Kashmir, after emerging as a UT, could attract the Article 3 of the Constitution, which provides the avenue for creation of a new state or re-draws boundaries through a bill tabled in Parliament on the President’s recommendation after holding consultation with the legislatures of the affected state.