Article 370

President Ram Nath Kovind by using powers granted to him by Article 370 virtually revoked it. Home Minister Amit Shah introduced a Resolution in Rajya Sabha ending Statehood of Jammu & Kashmir and splitting it into two Union Territories: Jammu & Kashmir with Legislative Assembly and Ladakh without Legislative Assembly. The house was not adjourned in spite of shouting by opposition MPs. It raises the question why Lok Sabha and Rajya Sabha are adjourned on other days when there is shouting. If the government is determined it can carry on.
The movement of armed forces and para-military troops to Kashmir in the last week of July was initially seen as to provide security to Amarnath pilgrims and for Independence Day events. In the beginning of August, pilgrims and tourists were told to leave Kashmir at once and outside students were also told to leave. Something was to happen. There was talk of scrapping Articles 370 and 35A and trifurcation of Jammu & Kashmir into Jammu, Kashmir and Ladakh. The notification dt, 5/8/2019 of Presidential Order called Constitution (Application to Jammu and Kashmir) Order, 2019, issued by Legislative Department of Ministry of Law and Justice put the speculation to rest. This Order superseded Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time and made Article 152 redundant.
Outsiders working in Jammu & Kashmir had sent their dependents back and had stored provisions enough for many days. They knew something much before others came to know.
Parties are divided about scrapping Article 370 and ending Statehood of Jammu & Kashmir. Congress, NC, PDP and JD(U) oppose it. BJP has support of AIADMK, BJD, BSP, YSRCP and AAP. JD(U) is in NDA and BJP’s ally in Bihar. It also opposed Triple Talaq Bill. AAP wants Statehood for Delhi but supports scrapping Statehood of Jammu & Kashmir.
Congress MP and Rajya Sabha chief whip Bhubaneshwar Kalita resigned from Rajya Sabha in protest against Congress stand on Article 370.
Union Territory status means law and order will be controlled by Centre.
Amit Shah said Jammu & Kashmir can be state again at an appropriate time and under normal circumstances.
Article 370 was in Part XXI of the Constitution which has Temporary, Transitional and Special Provisions. This part has Special Provisions for Maharashtra and Gujarat (371), Nagaland (371A), Assam (371B), Manipur (371C), Andhra Pradesh (371D, 371E), Sikkim (371F), Mizoram (371G), Arunachal Pradesh (371H), Goa (371I) and Karnataka (371J).
Repeal of Article 370 was part of BJP manifesto. It 2014 it could not do it because it did not have enough members to support it in Rajya Sabha. Uniform Civil Code may be next.

Updated: August 5, 2019 — 9:36 pm

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