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Full text of President's resolution to revoke Article 370 in Jammu and Kashmir

Rajya Sabha. Photograph:( WION )

WION Web Team New Delhi Aug 05, 2019, 04.17 PM (IST)

Home Minister Amit Shah on Monday announced the revocation of Article 370 in the Upper House of Parliament, ending 70 years of stated policy on the state.

The proposal came after Prime Minister Narendra Modi held a meeting of Union Cabinet morning. Government plans a reorganisation of Jammu and Kashmir as a Union Territory, Shah informed Rajya Sabha.

"I am presenting the resolution to revoke Article 370 in Jammu and Kashmir except the first clause 370 (1)," Amit Shah said in the Parliament.

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 Jawaharlal Nehru-led Union Government.

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The Constitution (Application to Jammu and Kashmir) Order 2019:

In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of State of Jammu and Kashmir, is pleased to make the following Order:-

1. (1) This Order may be called the Constitution (Application to Jammu and Kashmir) Order, 2019.

(2) It shall come into force at once, and shall thereupon supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time.

2. All the provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu and Kashmir and the exceptions and modifications subject to which they shall so apply shall be as follows:-

To article 367, there shall be added the following clause, namely:-

"(4) For the purposes of this Constitution as it applies in relation to the State of Jammu and Kashmir-

(a) references to this Constitution or to the provisions thereof shall be construed as references to the Constitution or the provisions thereof as applied in relation to the said State;

(b) references to the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadar-i-Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office, shall be construed as references to the Governor of Jammu and Kashmir;

(c) references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers; and

(d) in proviso to clause (3) of article 370 of this Constitution, the expression "Constituent Assembly of the State referred to in clause (2)" shall read "Legislative Assembly of the State".

Ram Nath Kovind,

President

Story highlights

The Constitution (Application to Jammu and Kashmir) Order 2019 will supersede the Constitution (Application to Jammu and Kashmir) Order, 1954.