Modi government has finally dropped the big Kashmir bomb today, with Home Minister Amit Shah moving to revoke two key constitutional provisions — Article 370 and Article 35(A) — that give the state of Jammu & Kashmir a host of special rights.
Some provisions of the Article 370 have been diluted over time. In contrast, the Article 35A till now had remained unchanged
Home minster Amit Shah on Monday said that the government has a signed order from the President that allows privileges under Article 370 that Jammu and Kashmir enjoyed would be removed.
Minutes later, he presented a bill to make Jammu and Kashmir as a Union Territory and Ladakh as another Union Territory.
The gazette notification on the abrogation of Article 370 is titled The Constitution (Application to Jammu and Kashmir) Order, 2019.
The order said:
“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”.”