Parliament Approves Resolution to Repeal Article 370 for Kashmir

Amit Shah being received by the Governor of Jammu and Kashmir, Shri Satya Pal Malik on his arrival in Srinagar, Jammu and Kashmir on June 26, 2019. Photo: PIB (file photo)
Amit Shah being received by the Governor of Jammu and Kashmir, Shri Satya Pal Malik on his arrival in Srinagar, Jammu and Kashmir on June 26, 2019. Photo: PIB (file photo)

India’s Minister for Home Affairs, Amit Shah, introduced two bills and two resolutions regarding Jammu & Kashmir (J&K) in Lok Sabha on Tuesday (August 6). These are as follows:

Constitution (Application to Jammu & Kashmir) Order, 2019 {Ref. Article 370(1) of Constitution of India} – issued by President of India to supersede the 1954 order related to Article 370.

Resolution for Repeal of Article 370 of the Constitution of India {Ref. Article 370 (3)}

Jammu & Kashmir (Reorganisation) Bill, 2019 {Ref. Article 3 of Constitution of India}

Jammu & Kashmir Reservation (2nd Amendment) Bill, 2019 {Home Minister withdrew the Bill from both Houses as the provisions of this act would become applicable to J&K once Article 370 gets repealed and the laws of Union of India become applicable there}

Article 370(3) provides that the President of India has the powers to amend or repeal the article by issuing a notification, based on a recommendation of Constituent Assembly of J&K.

President of India signed the Constitution Order 2019 on Monday (August 5) regarding Article 370(1), under which all the provision under Article 4 would be applicable to J&K.

Thus, the J&K constituent assembly would be read as J&K Legislative Assembly. Now since President’s rule is in force in the state, implementation of Article 370 would cease to exist when President of India issues the notification in this regard, after this House passes the resolution.

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Rakesh Raman