Independence to J&K from misuse of Article 370: Integration process initiated through the historic decision
In a historic move and true to the saying of Dr Shyama Prasad Mukherjee that 'Ek Desh mein Do Vidhan Do Pradhan nahin Chalega', the Narendra Modi led central government has moved to abrogate Article 370 which was a hindrance in the complete integration of Jammu and Kashmir with the rest of India.
In a swift move the government on Monday abrogated Article 370 through a Presidential Order and moved a separate bill in both te houses of the parliament to bifurcate the state into two separate Union territories of Jammu and Kashmir, and Ladakh. Home Minister Amit Shah informed the House that President Ram Nath Kovind has signed the official notification abrogating Article 370. He also moved the resolution on Article 370 as also the Jammu and Kashmir Reorganisation Bill 2019 in the Rajya Sabha. The bewildered opposition resorted to create an uproar over the move.
Amit Shah termed the move as historical and said that Article 370 had not allowed integration of Jammu and Kashmir with the rest of the country. Quoting the Presidential Order, he said Article 370 will no longer be applicable to Jammu and Kashmir.
Consequently, the Home Minister moved the resolution to abolish Article 370 as well as the state reorganisation bill along with listed bills to extend reservation for economically weaker sections in educational institutions and government jobs in Jammu and Kashmir. The reorganisation bill provides for formation of Union territory of Ladakh without legislature and a separate one for Jammu and Kashmir with legislature. The Rajya Sabha is debating the resolution and the reorganisation bill as of now.
Presidential Order abrogates Article 370 and 35A
President Ram Nath Kovind, in concurrence with the Jammu and Kashmir government, promulgated Constitution (Application to Jammu and Kashmir) Order, 2019 on Monday which states that provisions of the Indian Constitution are applicable in the state.
The President issued the Constitution (Application to Jammu and Kashmir) Order, 2019 which comes into force at once, and shall supersede the Constitution (Application to Jammu and Kashmir) Order, 1954. The Order also says that "All the provisions of the Constitution" shall apply in relation to the state of Jammu and Kashmir.
The PO also adds new clauses to Article 367 of the Constitution as it applies in relation to the State of Jammu and Kashmir. They are:
(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"."