Modi govt proposes removing Article 370 from Jammu and Kashmir: Full text of resolution moved by Amit Shah in Rajya Sabha

By: |
August 5, 2019 1:10 PM

Home minister Amit Shah said that the resolution will come into effect after the President gives his assent and it is notified by the central government.

A security personnel stands guard along a deserted street during restrictions in Jammu. (Reuters)

The Narendra Modi government on Monday moved a resolution in the Parliament seeking to scrap Article 370 from Jammu and Kashmir. The Article is a ‘temporary provision’ meant to grant special status to the state of Jammu and Kashmir.

Making a statement in the Rajya Sabha, Home minister Amit Shah said that the resolution will come into effect after the President gives his assent and it is notified by the central government.

Here is the full text of the proposal that Amit Shah presented in the Rajya Sabha on Monday:

MINISTRY OF LAW AND JUSTICE
(Legislative Department)

NOTIFICATION
New Delhi, the 5th August, 2019
G.S.R .551(E).- the following Order made by the President is published for general information:-
THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 2019
C.O. 272
In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of State of Jammu and Kashmir, is pleased to make the following Order:-
1. (1) This Order may be called the Constitution (Application to Jammu and Kashmir) Order, 2019.
(2) It shall come into force at once, and shall thereupon supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time.
2. All the 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 shall be as follows:-
To article 367, there shall be added the following clause, namely:-
“(4) For the purposes of this Constitution as it applies in relation to the State of Jammu and Kashmir-
(a) references to this Constitution or to the provisions thereof shall be construed as references to the Constitution or the provisions thereof as applied in relation to the said State;
(b) 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”.”

RAM NATH KOVIND,
President.

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