Home Minister Amit Shah brought a proposal to revoke Article 370 from Jammu and Kashmir allowing its full integration into the Indian Union in the Parliament on Monday
Home Minister Amit Shah brought a proposal to revoke Article 370 from Jammu and Kashmir allowing its full integration into the Indian Union in the Parliament on Monday

General News

Article 370 In J&K To Go: HD Kumaraswamy Refuses To Be Drawn In, Says 'I Leave It On The People'

Written By Chetna Kapoor | Mumbai | Published:

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  • The government on Monday moved a bill proposing bifurcation of the state of Jammu and Kashmir into two union territories -- Jammu and Kashmir division and Ladakh.
  • Reacting to the same, Former Chief minister of Karnataka, H. D. Kumaraswamy said: "I don't want to comment on today's resolution ...I leave the decision on the people of our country."

The government on Monday moved a bill proposing bifurcation of the state of Jammu and Kashmir into two union territories -- Jammu and Kashmir division and Ladakh.

Making the announcement in Rajya Sabha, Union Home Minister Amit Shah 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. Shah introduced the Jammu and Kashmir Reorganisation bill. The Centre on Monday scrapped Article 370 of the Constitution that gives special status to Jammu and Kashmir and bars people from rest of India from buying land in the state. 

READ | Abrogation Of Article 370 For Jammu And Kashmir And Its Consequences Explained

Reacting to the same, Former Chief minister of Karnataka, H. D. Kumaraswamy said: "There are different opinions in the country. There are already several problems and the government is creating unnecessary differences by taking up this issue which should not be the priority. I don't want to comment on today's resolution ...I leave the decision on the people of our country."

Shortly after Home Minister Amit Shah tabled a resolution to this effect in Rajya Sabha, President Ram Nath Kovind came out with a notification -- The Constitution (Application to Jammu and Kashmir) Order, 2019 that will come into force immediately. 

READ | J&K: Article 370 To Be Abrogated, Government Plans Massive Kashmir Investment Summit In October

The order will supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time.
The notification also made clear that 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.
It also added a clause (4) to Article 367 which said,"(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"." 

(With inputs from agencies)

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