Sunday, October 25, 2020
Home News Reports Lok Sabha passes resolution to abolish the provisions of Article 370, and the Jammu...

Lok Sabha passes resolution to abolish the provisions of Article 370, and the Jammu and Kashmir Reorganisation Bill

All the existing clause of the Article 370 has been abolished, and it has been amended to contain only one clause, which says that the entire Constitution of India will be applicable on Jammu and Kashmir.

The presidential resolution abolishing article 370 of the constitution has been passed by the Lok Sabha today. The bill was voted by 351 members of Lok Sabha, 72 voted against it, while one MP abstained from voting.

The resolution tabled by Home Minister Amit Shah, which was passed by Lok Sabha reads:

“In exercise of the powers conferred by Clause (3) of article 370 read with clause (1) of article 370 of the Constitution of India, the President, on the recommendation of the Parliament, is pleased to declare that, as from the date on which the President of India signs the Declaration and it is published in the Official Gazette, all clauses of the said article 370 shall cease to be operative except clause (1) thereof which shall read as under, namely:- ”All provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the State of Jammu and Kashmir notwithstanding anything contrary contained in article 152 or article 308 or any other article of this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law, document, judgement, ordinance, order, byelaw, rule, regulation, notification, custom or usage having the force of law in the territory of India, or any other instrument, treaty or agreement as envisaged under article 363 or otherwise.”

This means all the existing clause of the Article 370 has been abolished, and it has been amended to contain only one clause, which says that the entire Constitution of India will be applicable on Jammu and Kashmir. This was done using the provision of clause 3 of Article 370.

With this, both the articles giving special status to Jammu and Kashmir has been abolished. The Article 35A, which was inserted by presidential order in 1954, was revoked yesterday when a new presidential order was issued superseding the 1954 order.

The Jammu and Kashmir Reorganisation Bill also has been passed by the Lok Sabha today. After the bill gets presidential consent, Jammu and Kashmir state will be officially split into two separate Union Territories, Jammu & Kashmir and Ladakh.

The bill was voted by 370 members of Lok Sabha, 70 voted against it. The bill was passed by 125-61 votes in Rajya Sabha yesterday, with several opposition parties voting with the government. The bill was passed by Rajya Sabha yesterday, with several opposition parties voting with the government.

With this, Jammu and Kashmir ceases to be a full state of India, and two new Union Territories have been created. Jammu and Kashmir has been made a Union Territory with a legislative assembly, on the line of Puducherry model, while the other UT will be Ladakh, without any assembly. The Union Territory of Ladakh will comprise Kargil and Leh districts, and the Union Territory of Jammu and Kashmir will comprise the remaining territories of the existing state of Jammu and Kashmir.

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