Union Home Minister Amit Shah moved proposal to remove Article 370 in the Rajya Sabha on Monday that gives special status to Jammu and Kashmir. As tensions mounted in Jammu and Kashmir, Amit Shah announced in the Rajya Sabha that Article 370 will be revoked from the day of the President’s assent. Government has proposed bifurcation of state of Jammu and Kashmir. Jammu and Kashmir to be one Union Territory and Ladakh will be a separate Union Territory, according to this proposal. The proposal signed by Amit Shah says, “There has been a long pending demand of the people of Ladakh to give it the status of a Union Territory to enable them to realise their aspirations.”
According to reports, Prime Minister Narendra Modi held a crucial Cabinet meeting at his 7, Lok Kalyan Marg residence along with the other members of the Cabinet Committee on Security (CCS) on Monday before the big announcement. The decision comes as tension continues to simmer in Jammu and Kashmir and over 35,000 additional troops were moved in the state in the days before the announcement. Tensions have escalated in the strife-torn state ever since the administration called off the Amarnath Yatra in an unprecedented move and asked all tourists to leave the state immediately. Mobile internet has been suspended in the Valley while restrictions and night curfews were imposed in several districts of Jammu and Kashmir. Several political leaders, including Mehbooba Mufti, Omar Abdullah and Sajad Lone, have been put under house arrest while Army personnel have taken to the streets of Kashmir. The government has imposed restrictions under Section 144 of the CrPC in Srinagar district that came into effect on Sunday midnight. Schools and colleges in Jammu, Kishtwar, Resai, Doda and Udhampur districts were also ordered to remain close on Monday.
Here is the full text of government’s proposal on revoking Article 370:
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”.”
