Kashmir - The Constitution (Application to Jammu and Kashmir) Order, 2019

KASHMIR - No More State

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.

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.

BSP, AAP, AIADMK, TDP, BJD & YSRCP, announces his support to the Union government as it seeks to repeal Article 370. 

What is Article 370 ?

Article 370 of the Indian constitution was an article that gave special status to the state of Jammu and Kashmir. The article was drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions.The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to recommend the articles of the Indian constitution that should be applied to the state or to abrogate the Article 370 altogether. After the J&K Constituent Assembly later created the state's constitution and dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution.

This article along with Article 35(A) defined that the J&K state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to resident of other Indian states. As a result of this provision, Indian citizens from other states cannot purchase land or property in Jammu & Kashmir

On 5th August 2019, Home Minister Amit Shah moved resolution to scrap Article 370 in the Rajya Sabha, and also reorganize the state with Jammu and Kashmir serving as one of the union territory and Ladakh region separated out as a separate union territory

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.