Union Home Minister Amit Shah Monday announced that the government had scrapped the special status granted to the state of Jammu and Kashmir by modifying Article 370 of the Constitution.
By changing the interpretation of certain terms that find mention in Article 370, Monday’s Presidential order, through Article 367, alters the interpretation of the special provision. However, the President draws the power to issue such a notification from Article 370 itself. Article 370 sub-clause 1(d) empowers the President to extend provisions of the Indian Constitution to Jammu and Kashmir.
The Presidential order also requires the concurrence of the government of the state. Advocate Aman Hingorani, an expert in Kashmir constitutionalism, said that since the Governor is appointed by the President, this concurrence could be held invalid.
The Rajya Sabha on Monday approved the Jammu and Kashmir Reorganisation Bill that bifurcated the state into two union Territories — Jammu and Kashmir with a legislature similar to Puducherry, and Ladakh without one like Chandigarh.
Union Home Minister Amit Shah, who tabled the Jammu and Kashmir Reorganisation Bill, 2019 and the statutory resolution in Rajya Sabha around 11 am after the Union Cabinet met at Prime Minister Narendra Modi’s residence at 9.30 am to give the go-ahead, said: “Article 370 was a temporary provision… how long can a temporary provision be allowed to continue… After the abrogation of Article 370, Jammu and Kashmir will truly become an integral part of India.”
