WION Web Team New Delhi
Aug 05, 2019, 12.02 PM
The Indian govermment on Monday announced the bifurcation of the state of Jammu and Kashmir. While Jammu and Kashmir will be a Union Territory with a legislature, Ladakh has been converted into a separate Uniion Territory but without a legislature. The Union Territory of Ladakh will be administered by Delhi.
Home Minister Amit Shah addressed the Upper House (Rajya Sabha) of Parliament where he announced the abrogation of Article 370 and Article 35A of the Constitution of India which gave special status to the state and its residents and tabled a resolution for the same.
A notification issued by the government shortly after Shah's announcement was signed by President of India Ram Nath Kovind said the state was being restructured.
The Constitution (Application to Jammu and Kashmir) Order, 2019 came into force immediately. The order will supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time. The notification also made clear that 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.
Watch: What Home Minister Amit Shah said in Parliament
It also added a clause (4) to Article 367 which said, "(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 recognised 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'."
A notification issued by the government shortly after Shah's announcement was signed by President of India Ram Nath Kovind said the state was being restructured