NEW DELHI: Home Minister Amit Shah proposed to remove all provisions of contentious Article 370 of the Indian constitution in the Rajya Sabha on Monday amid protests by the Opposition.
Article 370, which gives Jammu and Kashmir more autonomy than any other Indian state, is sensitive because it is the basis on which the princely state of Kashmir joined India.
Article 370 allows the state its own constitution, a separate flag and independence over all matters except foreign affairs, defence and communications.
The former chief minister of the state, Mehbooba Mufti has tweeted, saying the move effectively made India an occupying force in the state.
Both India and Pakistan claim all of Muslim-majority Kashmir but only control parts of it. The two regional powers have fought two wars and a limited conflict over the Himalayan territory.
There has been an insurgency against the authorities in Indian-administered Kashmir for three decades.
Here is the full text of government’s proposal on revoking Article 370:
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
NOTIFICATION
New Delhi, the 5th August, 2019
G.S.R .551(E).- the following Order made by the President is published for general information:-
THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 2019
C.O. 272
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.
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