The BJP-led Modi government in its second term on Monday took a crucial plunge seeking abrogation of the Article 370 that guaranteed a special status to the militancy-hit state of Jammu and Kashmir.
Besides tabling a statutory resolution in the Rajya Sabha, seeking abrogation of Article 370 (3), Union Home Minister Amit Shah also introduced Jammu and Kashmir Reorganisation Bill, 2019 amid uproar.
Shah said that no change has been made in the Article 370A but the rest of the subsections of the Article 370(3) have been proposed for amendment.
Former Home Minister and senior Congress leader P Chidambaram said ”Today is the black day in the Constitutional history of India. What the government has done is unprecedented.”
It was a ”misadventure”, he said, adding that ”we did not anticipate they will take this catastrophic step”. The Presidential order of 1950, officially The Constitution (Application to Jammu and Kashmir) Order, 1950, came into force on January 26, 1950 with the Constitution of India.
It specified the subjects and articles of the Indian Constitution that corresponded to the Instrument of Accession as required by the clause b (i) of the Article 370.
Thirty eight subjects from the Union List were mentioned as matters on which the Union legislature could make laws for the State. This order was later superseded by the Presidential order of 1954.
In its manifesto – Sankalp Patra – released on April 8 (for Lok Sabha polls), the BJP had pledged ”We reiterate our position since the time of the Jan Sangh to the abrogation of Article 370. We are committed to annulling Article 35A of the Constitution of India as the provision is discriminatory against non-permanent residents and women of Jammu and Kashmir”.
Keeping his stiff opposition to the BJP at bay, AAP convenor and Delhi Chief Minister Arvind Kejriwal welcomed the government decision saying – “We support the government on its decision on Jammu and Kashmir. We hope this will bring peace and development in the state”.
Abrogation of the Article 370 has been one the contentious issues besides Ram Temple at Ayodhya and Uniform Civil Code highlighted by the BJP but were kept at back burner during Atal Bihari Vajpayee’s tenure.
President Ram Nath Kovind issued a notification to end Article 35 ‘A’ of the Constitution relating to Jammu and Kashmir. The President, exercising his powers under Section ‘A’ of Article 370 of the Constitution and with the consent of the State Government, has abolished Article 35 ‘A’ i.e The Constitution (with reference to Jammu and Kashmir) Order 1954.
Shah also moved a bill to provide status of Union Territory to Ladakh and a separate Union Territory for Jammu and Kashmir. The Home Minister said Ladakh will get status of Union Territory without Legislature. He said the “existing state of Jammu and Kashmir will be a separate Union Territory” with an Assembly.
Shah said “There has been a long-pending demanding of people of Ladakh, to give it the status of a Union Territory to enable them to realise their aspirations.”
(UNI)
