How Modi-Shah moved to seal fate of Article 370 in Jammu and Kashmir

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Updated: August 6, 2019 3:09:14 AM

Jammu and Kashmir (J&K) Issue News Live Updates: Home Minister Amit Shah proposed the scrapping of Article 370 in the Rajya Sabha. He also proposed to divide the Jammu and Kashmir into two parts — Jammu and Kashmir and Ladakh, both Union Territories. While Jammu and Kashmir will now be a UT with a state legislative assembly, Ladakh will not have one.

article 370, Jammu and Kashmir Latest News, modi shahArticle 370 scrapped in Jammu and Kashmir: The BJP had promised to scrap article 370 in its manifesto. (Reuters)

The Indian Constitution clearly states that Article 370 that gave special status to Jammu and Kashmir was temporary, transitional and special provision. However, it went on for over 70 years because of legal and political reasons. Politically, it was always a very sensitive issue and no party ever tried to touch it fearing backlash from the regional political parties and people. Legally, only the Constituent Assembly was empowered to recommend the abrogation of Article 370. Since the Constituent Assembly dissolved itself without recommending abrogation of the contentious article, the regional parties from the Valley and and Congress argued that now it can not be scrapped, therefore it has now become a permanent feature — an argument many constitutional experts rejected saying if the Constitution calls it temporary and transitional then no ground would make it permanent.

In a calculated move, the Narendra Modi government allowed it to replace the Constituent Assembly with the Legislative Assembly giving the House power to recommend the amendment or abrogation of Article 370. And since the state is under President’s rule, all powers of the state Assembly rest with the Parliament. Since the President is bound to act on the advice of the Council of Ministers — the central government in this case  — he issued orders abrogating the provisions that gave special powers to Jammu and Kashmir under Article 370.

The notification proposing the revocation of Article 370 states, “…references to the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadar-i-Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office, shall be construed as references to the Governor of Jammu and Kashmir; (c) references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers; and (d) in proviso to clause (3) of article 370 of this Constitution, the expression “Constituent Assembly of the State referred to in clause (2)” shall read “Legislative Assembly of the State”.”

Home Minister Amit Shah proposed the scrapping of Article 370 in the Rajya Sabha. He also proposed to divide the Jammu and Kashmir into two parts — Jammu and Kashmir and Ladakh, both Union Territories. While Jammu and Kashmir will now be a UT with a state legislative assembly, Ladakh will not have one.

 

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