UPDATED: BREAKING: ARTICLE 370 & 35A SCRAPPED

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Government in its integration process today scrapped Kashmir specific Article 370 & 35A, this was announced by Home Minister Amit Shah in the Rajya Sabha today. The special status enjoyed by the state has been dismantled. J&K is now a legislative “union territory”. J&K and Ladakh to be Separate Union Territories. All ‘Discriminatory’ provision are gone. Amit Shah Moves Rajya Sabha To Scrap Article 370 & Article 35A, voting to take place soon.

With issuance of presidential Order, the NDA government has resorted to legal interpretations of the constitutional provisions to do away with Article 370, which granted special and autonomous status to Jammu and Kashmir. The presidential order brought about changes in the text of the Constitution to imply that henceforth, all provisions of the Constitution shall now apply also to J&K.

“All provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu and Kashmir and the exceptions and modifications subject to which they shall so apply…” stated the order, notified on Monday.

Since there is no elected government in place at this time in J&K, the presidential order states that the Governor shall exercise the powers of the elected government and will express the will of the state legislature in making recommendations to the President in relation to Article 370.

Another crucial part of this presidential order is that it amended the term ‘Constituent Assembly’ to mean ‘Legislative Assembly’ of the state. This amendment was essential since Article 370, in its sub-clause (3), has itself laid down that Article 370 can cease to operate by way of a presidential order but a recommendation of the ‘Constituent Assembly’ shall have to be placed before him.

Therefore, the order first gave authority of the Legislative Assembly to the Governor, and then changed the ‘Constituent Assembly’ to mean ‘Legislative Assembly’, which in turn means that the president could have issued the order upon a recommendation by the Governor.


In an historic announcement with massive repercussions for Jammu and Kashmir, Home Minister Amit Shah has announced in Rajya Sabha that the government has decided to repeal Article 370 of the Constitution which grants special status to J&K. The government has also decided to bifurcate the state into two Union territories – Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a legislature.

Shah’s announcement was immediately followed by massive uproar in the Upper House with opposition MPs protesting in the Well of the House. Back in the Valley, three of Jammu and Kashmir’s most prominent politicians — Mehbooba Mufti, Omar Abdullah and Sajjad Lone are under house arrest amid a massive security-built up in the state. Internet services and mobile services have been suspended in several places and all public gatherings are banned in Srinagar district as section 144 was imposed from midnight.

Making the announcement on bifurcation of Jammu and Kashmir in Rajya Sabha, Union Home Minister Amit Shah said the UT in Ladakh will have no legislature like Chandigarh while the other UT of Jammu and Kashmir will have a legislature like Delhi and Puducherry. Shah introduced the Jammu and Kashmir Reorganisation bill.

In a surprise move, BSP Rajya Sabha MP Satish Mishra supported removal of Article 370.

In a surprise move, BSP Rajya Sabha MP Satish Mishra supported removal of Article 370.

Regular updates will follow on IDN.

 

Jai Hind

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