Home Minister Amit Shah on Monday, 5 August, moved a resolution in Rajya Sabha that all clauses of Article 370 of the Constitution, which gives special status to Jammu and Kashmir, will not be applicable in the state.
Making a statement, Union Home Minister Amit Shah said this will come into effect when the President signs and gives assent and the central government notifies it.
The government also moved a Bill proposing bifurcation of the state of Jammu and Kashmir into two union territories – Jammu and Kashmir division, and Ladakh. 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.
The order has triggered a political tsunami across the country as reactions poured in.
The Quint’s Editorial Director Sanjay Pugalia analyses the government’s move and what it means for the Bharatiya Janata Party (BJP).
‘J&K in Poverty Because of Article 370’: Amit Shah
Home Minister Amit Shah termed the move “historical”, saying Article 370 has not allowed integration of Jammu and Kashmir with the country, and will no longer be applicable to Jammu and Kashmir.
Shah moved the resolution to abrogate Article 370 as well as the state reorganisation Bill along with listed Bills to extend reservation for economically weaker sections in educational institutions and government jobs in Jammu and Kashmir.
The reorganisation Bill provides for formation of Union Territory of Ladakh without legislature and a separate one for Jammu and Kashmir with legislature.
While Venkaiah Naidu said only the Bill for providing reservation is being moved now and the other would be done after it is circulated to members, the House in a voice vote approved the introduction.
Later, Naidu allowed Shah to re-introduce the resolution and the reorganisation Bill, but it was not put to vote and it is uclear if the voice vote taken earlier was for all Bills and resolution or only for the Bill for reservation.
Shah said people of Jammu and Kashmir were living in poverty and corruption because of Article 370. Three families have looted the state for years, he said, adding Jammu and Kashmir acceded to India on 27 October 1947 but Article 370 came in 1949.
“It is not true that Jammu and Kashmir joined India because of Article 370,” he said. Article 370 was always temporary and past governments did not remove it because of lack of political will and vote bank politics, he said.
Shah in his resolution said, "...the President, on the recommendation of Parliament, is pleased to declare that, as from 5 August 2019, all clauses of the said Article 370 shall cease to be operative except clause (1) thereof."
"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," his resolution read.
Article 370 of the Constitution granted special status to Jammu and Kashmir whereby provisions of the Constitution which are applicable to other states are not applicable to J&K.
As per this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government's concurrence for applying all other laws.
It was introduced in the Constitution on 17 October 1949.
(With inputs from PTI)
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