NEW DELHI: The Centre on Monday scrapped Article 370 of the Constitution that grants special status to Jammu and Kashmir, with an order saying “it shall come into force at once". The abrogation follows the Centre introducing the Jammu and Kashmir Reorganization Bill in Parliament.
Union Home Minister Amit Shah earlier today moved the Rajya Sabha, announcing the government has decided to repeal Article 370. Shah also said the government has decided to bifurcate the state into two Union Territories – Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a legislature.
The scrapping of Article 370 will have far-reaching repercussions on the restive state as the abrogation suspends the clause that allowed all laws to be first be ratified by the state assembly, which currently stands dissolved.
President Ram Nath Kovind has exercised his power under Clause 1 of Article 370. The presidential order has done away sections under Article 35A, which provides special privileges to “permanent residents" of the state while defining the term “permanent residents".
“Under Article 370 there is a provision that the President may by public notification declare that this article shall cease to be operative… from such date as he may specify… Because there is President’s rule, all decisions of the Assembly will be taken by the House and we can pass the order with majority," Shah said in the Upper House.
Article 370 laid down that except for matters related to defence, foreign affairs, communications and issues specified in the Instrument of Accession of Jammu and Kashmir, Parliament needs the state government's ratification for all other laws. So far, residents of the state lived under a separate set of laws, including those related to citizenship, ownership of property and fundamental rights.
Jammu and Kashmir will now be governed by the laws applicable to other Indian citizens.
Shah’s statement in the Upper House followed an urgent Cabinet Committee on Security meeting chaired by Prime Minister Narendra Modi before the beginning of Monday’s Parliament session.
The Upper House was rocked by an uproar following Shah’s statement, with Leader of the Opposition Ghulam Nabi Azad saying, “Kashmir is under curfew, chief ministers and party leaders are under house arrest, there is an environment of war in Kashmir."
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