With the issuance by the President of India THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 2019 C.O. 272 on date 5th August 2019 , in exercise of the powers conferred by Clause (1) of article 370 of the Constitution of India & with the concurrence of the Government of State of J&K, THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1954 C.O 48 of 14th May 1954 has been superseded there by also undoing any constitutional shelter / cover / patronage that Art35A has so far been / is providing to the irrational / inhuman/ fundamental rights violating constitutional provisions made by J&K legislature as well as the administrative orders in force in J&K against there review by the courts. No doubt the Presidential order has frustrated the intensions and designs of those who have all these years exploited the innocence of the common people of J&K ( particularly of Kashmir valley ) in the name religious & regional considerations projecting Art35A like a symbol distancing J&K from India worth betterment of some Indian citizens who are categorised as permanent residents of J&K where in actual practice some local prevalent state constitutional provisions / administrative orders have been harming the interests of even permanent residents of J&K what to talk of other Indian citizens staying in J&K since more than six decades without any local right.

 

Now the constitutional provisions / administrative orders that have been / are in vogue in J&K and are anti-people /against fundamental rights / against the welfare of the common people / have so far been more used for regional or religious exploitations will either automatically fall or would not stand to any constitutional protection like that of Art35A when subjected to judicial review like (i) descendent rights of “women permanent residents of J&K, ii. rights of 5300 Displaced Families from areas of J&K occupied by Pakistan in 1947 - POJK DP 1947- who were State Subjects Class-I/II/III of J&K but are residing in other Indian states, iii. deficiency of professional / qualified staff in J&K Medical Colleges/ SS Hospitals iv not contributing a few seats from the local Medical colleges to the national pool thereby denying PRs of J&K students to apply against thousands of MS/MD seats v. for right for admission in government professional colleges and services 1947 West Pakistan refugees who are possessing & cultivating lands in terms of Government Notification No.578-C 0/5 1954 of 7.5.1954 vi violation of rights of nearly 200 Valmiki / safaikaramchari families invited in 1957 from Punjab by J&K Government vii. Provision of reservations for Schedule tribe in J&K legislature vii. Reservation to OBC in state services viii. right to education for children 6-14 years as per national policy ix. needed increase in reserved seats for SC in J&K assembly from 7 to 9 since total seats have been increased from 76 to 87 in 1987 x. advancing appointment of delimitation commission otherwise deferred beyond 2031 denying timely re-fixation of representative of nearness to people J&K xi exiting controversies over 73rd Constitution to COI as regards Panchayti Raj institutions xii enabling the families of the soldiers decorated with PVC to share lands and resources of J&K with locals (PRs) xii needed development industrial / education/ health sector xiii etc .etc.

 

No doubt now a new era of welfare in all the regions of J&K will start in J&K but the times ahead will also need the social and political cadres to work in the common lanes and alleys of J&K for removing the doubts / myths that some people will be creating about orders of the President by trumpeting the slogans like that of special status ( that otherwise ever exited) .Many people will make attempts for keeping the ‘pot’ of myths/ confusions boiling in J&K. No doubt at the national level Sh. Narendra Modi , Sh. Raj Nath Singh, Sh. Amit Shah and leaders like Sh. J.P Nadda have been putting in the best possible procedural and ideological medications / explanations but the lower cadres that have so far remained at distance from the common man will have to now work with more commitment on ground ( particularly in Kashmir valley ) to see that the anti-ideologies do no get any more space and the process for ensuring peace & stability gathers more pace .