Union Home Minister Amit Shah moves the resolution to revoke Article370 in Jammu and Kashmir, in Lok Sabha. As soon as the resolution was moved, Congress opposed it asking how is the Kashmir issue an internal issue of India. Speaking in the lower house of the Parliament, Adhir Ranjan Chowdhury, the speaker of the Opposition said that it is being monitored by the United Nations. The bill was passed by Rajya Sabha on Monday.
The leader of Opposition was interrupted when he claimed that the Centre has broken laws and has proposed to change a state into Union territory in one night. Interrupting at this moment the Home Minister said that Congress must specify which law has been broken. "Don't talk in general terms here. If you are saying then specify which rule have been broken."
Chowdhury then went on to ask is Kashmir an internal issue. "You say Kashmir is an internal matter but United nations is monitoring there since 1948. So how is it an internal matter. There was Simla Pact and then there was Lahore declaration, then how is it internal matter. Jaishankar said to Pompeo that it is bilateral issue, how is it an internal issue."
Home Minister Shah snubbed the Congress party asking them if they can declare that this is Congress party's stand. "Let them specify that Congress party says that Kashmir can be monitored by United Nations."
Notably, Jawaharlal Nehru referred the dispute to the United Nations on 1 January, 1948 when Pakistan attacked Kashmir. In a resolution dated August 13, 1948, the UN asked Pakistan to remove its troops, after which India was also to withdraw its forces and then plebiscite was proposed. However, Pakistan did not abide by the UN resolution and therefore India did not go ahead with UN solution of the matter.
Incorporated in the Indian Constitution by a 1954 Presidential order, Article 35 A defines the permanent residents of the state of Jammu and Kashmir by giving special rights and privileges to the state subjects. It stems from Article 370 that gives autonomous right to Jammu and Kashmir.
The article is also referred to as Permanent Residents Law and bars woman belonging to the state from any property rights if she marries a person from outside the state. Even the children of such women do not get the right as they do not have any succession rights over the property.
It exempts Jammu and Kashmir from following the Indian Constitution except for Article 1 and itself. It also restricts Parliament's legislative powers in Jammu and Kashmir. It was passed in the Constituent Assembly on May 27, 1949 and is the first article of Part XXI of the Indian Constitution. The heading of this part is ‘Temporary, Transitional and Special Provisions’.