With the issuance, by the President of India, of THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 2019 C.O. 272 on 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of the State of J&K, THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1954 C.O 48 of 14th May 1954 has been superseded thereby also undoing any constitutional shelter/cover/patronage that Article 35A has so far been/is providing to the irrational/inhumane/fundamental rights violating constitutional provisions made by the Jammu and Kashmir legislature as well as the administrative orders in force in J&K against their review by the courts. Undoubtedly,  the Presidential Order has frustrated the intentions and designs of those who have, for all these years, exploited the innocence of the common people of J&K ( particularly of the Kashmir valley ) in the name of religious & regional considerations, projecting Article 35A like a symbol distancing J&K from India. While it was characterised as a means for the betterment of some Indian citizens who are categorised as permanent residents of J&K, in actual practice, some locally prevalent state constitutional provisions/administrative orders have been harming the interests of even the permanent residents of J&K, let alone of other Indian citizens staying in J&K for a period of more than six decades without any local rights.

Now the constitutional provisions/ administrative orders that have been/are in place 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 give way or would not stand due to constitutional protections like Article 35A when subjected to judicial review. Certain important issues which will be addressed are as follows- 

i. Descendant rights of “women permanent residents of J&K”. 

ii. Rights of 5300 Displaced Families from the 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. The right for admission in government professional colleges and services for 1947 West Pakistan refugees who possess cultivate lands in terms of Government Notification No.578-C 0/5 1954 of 7.5.1954 

vi. Violation of the rights of nearly 200 Valmiki/safaikaramchari families invited in 1957 from Punjab by the J&K Government. 

vii. Provision of reservations for Scheduled Tribes in the J&K legislature. 

viii. Reservation to OBCs in state services. 

ix. Right to Education for children 6-14 years as per national policy. 

x. Necessary increase in reserved seats for SCs in J&K Assembly from 7 to 9 since total seats have been increased from 76 to 87 in 1987. 

xi. Advancing appointment of the Delimitation Commission otherwise deferred beyond 2031 denying timely re-fixation of representative of nearness to people J&K 

xii. Existing controversies over the 73rd Constitutional Amendment as regards the Panchayati Raj institutions. 

xiii. Enabling the families of the soldiers decorated with PVC to share lands and resources of J&K with the locals (PRs). 

xiv. Development needed in industrial / education/ health sectors. 

Doubtless, a new era of welfare in all the regions of J&K will now start 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 the orders issued by the President by trumpeting slogans like those of special status (that otherwise never existed). Many people will make attempts to keep the ‘pot’ of myths/ confusion boiling in J&K. Without a 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 a distance from the common man will have to now work with more commitment on the ground ( particularly in the Kashmir valley ) to see that anti- national ideologies do not get any more space and the process for ensuring peace & stability gathers more pace .