File Name: jammu and kashmir article 370 scrapped bill .zip
The government also decided to bifurcate the state into two Union territories — Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a legislature. Internet services and mobile services have been suspended in several places and all public gatherings are banned in Srinagar district as section was imposed from midnight. What is article Guaranteed By Constitution of India? Article restricts Indian parliament to make any laws for the state and it can only preside over the subjects like Defence, External Affairs, and communication. Article of the Indian constitution is an article that gives autonomous status to the state of Jammu and Kashmir. The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to recommend the articles of the Indian constitution that should be applied to the state or to abrogate the Article altogether.
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Jammu and Kashmir will now be governed by the laws applicable to other Indian citizens The Centre will need two-thirds majority in both Houses to scrap Article Shah also said the government has decided to bifurcate the state into two Union Territories — Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a legislature. The scrapping of Article will have far-reaching repercussions on the restive state as the abrogation suspends the clause that allowed all laws to be first be ratified by the state assembly, which currently stands dissolved. Article laid down that except for matters related to defence, foreign affairs, communications and issues specified in the Instrument of Accession of Jammu and Kashmir, Parliament needs the state government's ratification for all other laws. So far, residents of the state lived under a separate set of laws, including those related to citizenship, ownership of property and fundamental rights. Jammu and Kashmir will now be governed by the laws applicable to other Indian citizens.
Jump to navigation. The Narendra Modi government on Monday moved to dramatically alter the status quo in the troubled state of Jammu and Kashmir. The government ended days of speculation by making public its decision to effectively revoke the controversial Article of the Indian Constitution and to bifurcate the state of Jammu and Kashmir into two Union Territories. Article accords special status to Jammu and Kashmir, allowing the state to have its own constitution, flag and rights. On Monday morning, home minister Amit Shah rose in Rajya Sabha to announce that the government was moving a Presidential order for Parliament's ratification. The Presidential order used a clause of Article to say that provisions of Article would no longer be applicable in Jammu and Kashmir, a move that essentially revokes the article without actually doing so.
Ladakh has been made a Union Territory along with the abrogation of Article of the Constitution of India. The Order supersedes the Order. The Order declares that all the provisions of the Constitution of India, shall apply to Jammu and Kashmir too. However, some special measures were still needed for the scrapping of Article altogether. Therefore, a few clauses were added to Article of the Constitution.
The Modi government moved to strip Jammu and Kashmir of its special status and split the state into two union territories, sparking uproar and jubilation over the unprecedented measures. In its election manifesto, the BJP had pledged to abrogate Article that allowed Jammu and Kashmir to have autonomy over most matters. The Centre had control over foreign affairs, defence and communications. The move came via a presidential order that superseded a proclamation, which added Article 35A. The year-old provision granted permanent residents exclusive rights to property and jobs in the state. Technically, Article remains part of the Constitution till it is abrogated by Parliament but the presidential order effectively rendered Jammu and Kashmir's special status inoperative.
The Bill was passed by the Upper House through a voice vote, with being in favour and 61 against it and there was also one abstention. The Bill lays the ground for the stalemate in Kashmir to be resolved after 70 years, with the Centre now gaining greater legislative control in the region. There are people of different religions in the valley and we are not politicizing on the basis of religion.