Business Sphere

Amit Shah, Minister of Home Affairs

- By Our Correspond­ent

NEW DELHI: In a move that will have massive repercussi­ons for Kashmir, the Centre has decided to repeal Article 370 and Article 35-A of the Constituti­on that grants special status to the state. Announcing the move, home minister Amit Shah 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 moved the amendment amid uproar by opposition members. He 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.

Making a historic announceme­nt in the Rajya Sabha that triggered bedlam, Shah said: "I am presenting the resolution to revoke Article 370 in Jammu and Kashmir except the first clause 370 (1).

This comes at a time when the prevailing situation in Jammu and Kashmir continues to be on The Home Minister's announceme­nt evoked strong protests from the opposition with leaders of Congress, TMC, DMK, AAP, NCP and Left raising slogans and storming the well of the House. They later squatted in the well and continued with their protest.

However, some regional parties like BSP, BJD, TRS and AIADMK extended full support to the resolution and the bill while NDA constituen­t JD(U) walked out.

Shah, who received a standing ovation from his party colleagues when he entered the House minutes before proceeding­s in the Rajya Sabha commenced, termed the move as "historical", saying Article 370 has not allowed integratio­n of Jammu and Kashmir with the country.

The Union Territory of Ladakh was a long pending demand of the people of the region and the decision was aimed at fulfilling the aspiration of the local population, the Minister said. Two members of the Peoples Democratic Party (PDP), Nazeer Ahmed Laway and Mir Mohammad

Fayaz, were shunted out of the Rajya Sabha after they removed copies of the Constituti­on.

PDP leader Mehbooba Mufti described the decision to scrap Article 370 as "the darkest day in Indian democracy".

He also said that Article 370 can be abrogated through such an order, as there are provisions within the said Article to do so.

Reading out provisions of Article 370 (3), the Home Minister said there are provisions within that state that Article 370 shall cease to be operative or can be amended and the President has the right to issue such a notificati­on or constituti­onal order. "We are adopting the same path as adopted by the Congress in 1952 and 1962 by amending the provisions of Article 370 the same way through a notificati­on," Shah told the House, after Ram Gopal Yadav (SP) sought to know if the Constituti­on can be amended without a Constituti­onal amendment.

"There are no merits in the opposition stand and they are opposing it only to do politics and are creating ruckus inside the House," he said.

Soon after Shah's announceme­nt, one of the PDP members tore his clothes and then along with another PDP member tore copies of the Constituti­on, prompting Chairman M Venkaiah Naidu to orderthat they be physically removed.

The surprise announceme­nt came after a cabinet meeting chaired by Prime Minister Narendra Modi at the 7 Lok Kalyan Marg, where the PM, Home Minister Amit Shah and National Security Advisor Ajit Doval met at the PM's residence.

This meeting was preceded by another meeting that started an hour earlier in which Law Minister Ravi Shankar Prasad was also present.

These key meetings were held after mobile internet services were suspended in Jammu, in view of the prevailing security situation in the region.

In Jammu, the government has imposed Section 144, which prevents the gathering of more than four people in the area.

Kashmir has been on the edge in the wake of a massive security build-up. Leaders of all major political parties in the state met here on Sunday and urged India and Pakistan not to take any step which may disturb the peace and escalate tensions between the two countries.

Kashmir Special Status Under Article 370 Ends "At Once": 10 Points

Article 370: Jammu and Kashmir will also be "reorganise­d," said Home Minister Amit Shah, with the state's bifurcatio­n into two union territorie­s, Jammu and Kashmir and Ladakh

NEW DELHI: Special status to Jammu and Kashmir under Article 370 of the Constituti­on has been removed by a presidenti­al order that would come into force "at once", Home Minister Amit Shah said in parliament on Monday, announcing the most farreachin­g move on the state in nearly seven decades. The announceme­nt came after Prime Minister Narendra Modi held a meeting of his cabinet at his house this morning. Amit Shah also introduced a bill to bifurcate Jammu and Kashmir into two union territorie­s, which was passed in the Rajya Sabha. Prepping for any trouble in the state after the announceme­nt, the centre moved 8,000 paramilita­ry troops from different parts of the country to Kashmir, in addition to nearly 35,000 personnel moved in the past week.

Here are the 10 latest developmen­ts in this big story:

1. Article 370 gave Jammu and Kashmir its own constituti­on and decision-making rights for all matters barring defence, communicat­ions and foreign affairs. Its removal ends special status for Kashmir, which was key to its accession to India in 1947.

2. Article 370 made it necessary for the centre to get the state legislatur­e's approval for introducin­g any policies or constituti­onal powers to the state.

3. In a proposed law, which has cleared the Rajya Sabha and will need the Lok Sabha's approval, Jammu and Kashmir will cease to be a state and become two union territorie­s with two Lieutenant Governors. Ladakh will be a Union Territory without a legislatur­e and Jammu and Kashmir will have a legislatur­e.

4. The government's huge step followed a massive build-up of troops in the sensitive Kashmir Valley and a night where senior leaders including former Chief Ministers Omar Abdullah and Mehbooba Mufti were placed under house arrest. 5.Internet and phone lines were forced out of service in parts of Jammu and Kashmir. All educationa­l institutio­ns and offices are closed and groups have been banned from gathering in Kashmir and Jammu.

6. Thousands of paramilita­ry troops were sent to Kashmir last week after the government said it was cancelling the Amarnath Yatra, an annual pilgrimage, and asked tourists and outsiders to leave the state.

7. The cabinet met this morning at the home of PM Modi after which all ministers and the PM moved to parliament for Amit Shah's big announceme­nt.

8. Arun Jaitley said in tweets: "A historical wrong has been undone today. Article 35A came through the back door without following the procedure under Article 368 of the Constituti­on of India. It had to go."

9. The government received support from parties like ally Shiv Sena and even from rival leaders like Chandrabab­u Naidu, Arvind Kejriwal and Mayawati. BJP ally Nitish Kumar's party was among those who opposed the move but helped by boycotting the vote.

10. Omar Abdullah said: "The government of India (GOI)'s unilateral and shocking decisions today are a total betrayal of the trust that the people of Jammu & Kashmir had reposed in India when the State acceded to it in 1947. The decisions will have far-reaching and dangerous consequenc­es. This is an aggression against people of the State as had been warned by an all-parties meeting in Srinagar yesterday."

Article 370 rendered toothless, Article 35A ceases to exist

The 1954 presidenti­al proclamati­on, which wasn't passed by Parliament, gave Article 370 expression on ground.

The government may have moved Parliament to remove Article 370 from J &K, but before doing so it first rendered the provision toothless by revoking the 1954 Presidenti­al proclamati­on through a gazette notificati­on in the morning.

With that revocation order, Article 35A now ceases to exist regardless of how the situation evolves in Parliament on removal of Article 370. The reason being that this was inserted through a presidenti­al proclamati­on of 1954, drawing powers from Article 370.

But this morning, the government scrapped that proclamati­on through the Constituti­on (Applicatio­n to Jammu and Kashmir) Order, 2019. “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,” stated the order.

The 1954 presidenti­al proclamati­on, which was not passed by Parliament, is what gave Article 370 expression on ground. Interestin­gly, the NDA government opted against another Presidenti­al proclamati­on to replace the 1954 order but did so through a notificati­on following a Home Ministry decision. Article 35A was inserted in the 1954 proclamati­on, which also stated that the boundaries of the State could not be changed without consent of state legislatur­e. This was stated, as such, in Part 1 of the preamble of the order: "Provided further that no Bill providing for increasing or diminishin­g the area of the State of Jammu and Kashmir or altering the name or boundary of that State shall be introduced in Parliament without the consent of the Legislatur­e of that State."

Monday’s order, thus, made it possible for the government to introduce a legislatio­n to separate Ladakh from J&K and make the remainder state a Union Territory with an assembly. The 1954 order made a distinctio­n between Indian citizens and permanent residents. Article 35A recognized the special rights of those with Permanent Resident Certificat­es (PRCs). Those with PRCs had rights to property, employment in State government and participat­ion in local as well as assembly elections.

The BJP’s contention has been that due to this provision, the constituti­onally mandated SC/ST reservatio­ns was not being implemente­d in State. The case often cited was that of Valmikis who were not given PRCs in the State despite being there since 1957. Monday’s order, thus, does away with all those special rights for PRCs. But the Centre cannot make new rules unless Article 370 is removed. One of the key features of Article 35A was that rights for PRCs will not be struck down on the grounds that they were inconsiste­nt with those given to Indian citizens: “Notwithsta­nding anything contained in this Constituti­on, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislatur­e of the State…. shall be void on the ground that it is inconsiste­nt with or takes away or abridges any rights conferred on the other citizens of India by any provision of this Part.”

The State legislatur­e’s law-making sphere which would not be challenged on grounds of inconsiste­ncy with Constituti­on was also defined by the 1954 proclamati­on: a) Defining the classes of persons who are, or shall be permanent residents of the State of Jammu and Kashmir; b) Conferring on such permanent residents any special rights as respects: (i) employment under the State Government; (ii) acquisitio­n of immovable property in the State; (iii) settlement in the State; or (iv) right to scholarshi­ps and such other forms of aid as the State Government may provide.

The 1954 proclamati­on was a fallout of the 1952 Delhi Agreement between then Prime Minister Jawaharlal Nehru and Sheikh Abdullah. At that point, it was said the Centre had gone beyond what was agreed.

Sixty-five years later, the order has been rolled back through a package of decision that aims to not only end the special status for the state, but also redefine its future relationsh­ip closer to the Centre as a Union Territory.

 ??  ??
 ??  ?? Amit Shah, Minister of Home Affairs
Amit Shah, Minister of Home Affairs
 ??  ?? Shri Narendra Modi, The Prime Minister of India
Shri Narendra Modi, The Prime Minister of India
 ??  ?? PDP Leader, Mehbooba Mufti
PDP Leader, Mehbooba Mufti
 ??  ?? Former Chief Minister, Omar Abdullah
Former Chief Minister, Omar Abdullah

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