Provisions of Article 370 that gave special status to Jammu and Kashmir stand abrogated

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Amit Shah

From 5th of August, 2019, all clauses of the said article 370 shall cease to be operative except clause (1) thereof – Presidential declaration in exercise of the powers conferred by Clause (3) of article 370 read with clause (1) of article 370 of the Constitution of India

New Delhi: Home Minister Amit Shah on Monday informed Parliament that President Ram Nath Kovind has signed the official notification abrogating clauses of Article 370 that gave special status to Jammu and Kashmir.

The Home Minister made this announcement while moving the resolution on Article 370 and the Jammu and Kashmir Reorganisation Bill 2019 in the Rajya Sabha. The Government has also proposed bifurcation of Jammu and kashmir into union territories. Jammu and Kashmir Reorganisation bill says that Jammu and Kashmir will be bifurcated into union territories of Jammu and Kashmir and Laddakh. While Ladakh will have no legislature like Chandigarh, the other union territoriy of Jammu and Kashmir will have a legislature like Delhi and Puducherry.

With this, the Centre has abolished Article 370 that gives special status to Jammu and Kashmir (J&K) and moved a separate bill to bifurcate the state into two separate Union Territories (UTs) of Jammu and Kashmir, and Ladakh.

The Home Minister moved the resolution in Parliament that ‘In exercise of the powers conferred by Clause (3) of article 370 read with clause (1) of article 370 of the Constitution of India, the President, on the recommendation of the Parliament, is pleased to declare that, as from 5th of August, 2019, all clauses of the said article 370 shall cease to be operative except clause (1) thereof which shall read as under, namely:

”All provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the State of Jammu and Kashmir notwithstanding anything contrary contained in article 152 or article 308 or any other article of this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law, document, judgement, ordinance, order, bye law, rule, regulation, notification, custom or usage having the force of law in the territory of India, or any other instrument, treaty or agreement as envisaged under article 363 or otherwise.'”

(ii) “That the President of India has referred the Jammu and Kashmir Reorganisation Bill, 2019 to this House under the proviso to article 3 of the Constitution of India for its views as this House is vested with the powers of the State Legislature of Jammu and Kashmir, as per proclamation of the President of India dated 19th December, 2018. This House resolves to express the view to accept the Jammu and Kashmir Reorganisation Bill, 2019.”

The Home Minister then took leave and introduced a Bill to provide for the reorganization of the existing State of Jammu and Kashmir and for matters connected therewith or incidental thereto. [The Jammu and Kashmir Reorganisation Bill, 2019.]

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