J&K loses its special status under Article 370 in Parliament

J&K loses its special status under Article 370 in Parliament

The Parliament on Tuesday gave its nod for bifurcation of Jammu and Kashmir and adopted resolutions to revoke the special status of the state under Article 370 and Article 35A which empowered the state legislature to define J&K’s permanent residence. Afterward the Rajya Sabha, Lok Sabha passed the Jammu and Kashmir Reorganisation Bill 2019 paving way for the bifurcation of the state into two Union territories (UTs).

Earlier today, Union Home Minister Amit Shah moved two resolutions and two bills pertaining to Jammu and Kashmir in Lok Sabha. The two resolutions are Constitution (Application to Jammu & Kashmir) Order, 2019 issued by the President to supersede the 1954 order related to Article 370 and Resolution for Repeal of Article 370 of the Constitution. The two bills are Jammu & Kashmir (Reorganisation) Bill, 2019 and Jammu & Kashmir Reservation (2nd Amendment) Bill, 2019.

A heated argument took place between treasury and opposition benches over scrapping of the special status granted to Jammu and Kashmir under Article 370 and removal of Article 35A. While resolutions to revoke the special status of the state under Article 370 and Article 35A received 351 votes, 72 MPs voted against them. The Jammu & Kashmir (Reorganisation) Bill, 2019 was passed 370 votes. The government withdrew the Jammu & Kashmir Reservation (2nd Amendment) Bill, 2019.

Now the legislation needs only President’s approval to become an Act which will bifurcate Jammu and Kashmir into two Union territories — Jammu and Kashmir with a legislature, and Ladakh without a legislature. Replying to the debate on Jammu and Kashmir Reorganization Bill, 2019 in the Lok Sabha, Home Minister Amit Shah said as Article 370 stops Jammu and Kashmir to associating with India, it should be abolished.

On Monday, President Ram Nath Kovind passed an order called ‘The Constitution (Application to Jammu and Kashmir) Order 2019’, revoking Article 35A of the Indian Constitution that empowered the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents.

The Constitution (Application to Jammu and Kashmir) Order 2019 will supersede the Constitution (Application to Jammu and Kashmir) Order, 1954, which was issued to add Article 35A to the Indian Constitution by then President Rajendra Prasad under Article 370, on the advice of the Pandit Jawaharlal Nehru-led Union Government.