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Jammu and Kashmir to be bifurcated, Article 370 scrapped; more troops to be deployed

Security tightened in Jammu. Photograph:( ANI )

WION Web Team New Delhi Aug 05, 2019, 01.54 PM (IST)

Home minister Amit Shah today announced in India's upper house of Parliament the Rajya Sabha that Article 370 which gave special status of Jammu and Kashmir would be scrapped.

The BJP-led government moved a resolution to scrap Article 370 of the Constitution and convert the state into a  Union Territory with a legislature. It included the Ladakh region which was to be taken out of the state and made into a Union Territory without a legislature.

Moving the resolution, Amit Shah Shah said, "There should not be a delay of even a second to removing Article 370 from the Constitution."

The resolution said the President, on the recommendation of the Parliament, is pleased to declare that, as from August 5, 2019, all clauses of the said article 370 shall cease to be operative except clause (1).

Watch what Home Minister Amit Shah said in Rajya Sabha

"Further, keeping in view the prevailing internal security situation, fuelled by cross border terrorism in the existing State of Jammu and Kashmir, a separate Union Territory for Jammu and Kashmir is being created. The Union Territory of Jammu and Kashmir will be with legislature," the resoultion said.

Even as the Congress resisted the resolution, it was supported by the AIADMK and BSP. Former finance minister Arun Jaitley hailed the BJP government's decision asserting that a "historical wrong was undone".

"The decision of the government will help the people of J&K the most," he added. Former foreign minister Sushma Swaraj called it a "bold and historic decision".

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. 

The state of Jammu and Kashmir will now be bifircated, according to the resolution.

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 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"."

Amit Shah also moved a bill providing 10 per cent quota for economically weaker sections in Jammu and Kashmir.

As Article 370 was scrapped, the Indian Army and Air Force were put on high alert with the Centre set to move over 8,000 paramiltary troops to J&K in view of the changed situation.