Historic Move By Modi Govt: Article 370 No More; J&K To Be Bifurcated
HM Amit Shah in Rajya Sabha: Under the umbrella of Article 370 three families looted J&K for yrs. Leader of Opposition (GN Azad) said Article 370 connected J&K to India, it's not true. Maharaja Hari Singh signed J&K Instrument of Accession on 27 Oct 1947, Article 370 came in 1954
New Delhi: In a major decision, Prime Minister Narendra Modi-led Bharatiya Janta Party government on Monday moved a resolution in Rajya Sabha revoking Article 370 from Jammu and Kashmir. The resolution was moved by Union Home Minister Amit Shah amid disruptions from opposition parties.
Bifurcation of Jammu and Kashmir into 2 UTs:
The government's bill proposes 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. Acrimonious scenes were seen in the House soon after the announcement of the Home Minister.
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Notice issued by government:
The government has made an order by exercising their powers conferred by Clause (1) of Article 370 of constitution.The order which has been issued by the Ministry of Law and Justice says that:
- The order may be called Constitution (Application to Jammu and Kashmir) order, 2019
- It shall come into force at once and thereupon supersede the constitution (Application to Jammu and Kashmir order), 1954 as mentioned from time to time
- All the provisions of constitution as amended from time to time shall apply in relation to the state of Jammu and Kashmir and exceptions and modifications subject to which they shall so apply shall be as follows:
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To Article 367, there shall be added the following clause namely-
“(4) For the purpose of this constitution as it applies to the state of Jammu and Kashmir-
- References to this constitution or to the provisions thereof shall be construed as to references to the constitution or the provisions thereof as applied in relation to the said state;
- References to the person for the time being recognized by the President on the recommendation of the Legislative assembly of the state as Sadar-i-Riyasat of Jammu and Kashmir, acting on the advice of council of Ministers of the state for the time being in office, shall be construed as the references to the Governor of Jammu and Kashmir;
- The references to the government of 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
- In proviso to Clause (3) of Article 370 of the constitution, the expression “Constituent assembly of the state referred to in clause (2) shall read Legislative assembly of the state”.”
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Provisions of Article 370:
- Except in the cases of defence, foreign affairs, finance, and communications, the Parliament needs the Jammu & Kashmir government's approval for applying laws in the state.
• The law of citizenship, ownership of property, and fundamental rights of the residents of Jammu & Kashmir is different from the residents living in rest of India.
• The citizens from other states cannot buy property in Jammu & Kashmir, under Article 37.
• The Centre has no power to declare a financial emergency in the state under Article 370.
• The Union government, therefore, cannot declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.
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