Article 370 highlights: Jammu and Kashmir loses special status

Jammu and Kashmir has lost its special status, and has been reduced to two Union Territories. What is the history of Partition and accession to India that has been overturned? What are Articles 370 and 35A, that were supposed to define the special status of the state? Professor Faizan Mustafa, an expert on constitutional law, explains. Read more

This is not the dawn of a new constitutional settlement, designed to elicit free allegiance. It is repression, plain and simple, reminiscent of the Reichstag or Chinese constitutional ideology that sees federalism as an obstacle to a strong state and homogenous culture. Read more

While political disagreement on the Centre’s decision to strip the preferential status of Jammu and Kashmir and bifurcate the state has taken centrestage, experts have raised questions on the legality of the move. The government sought to dilute the special status to Jammu and Kashmir guaranteed underArticle 370 of the Constitution without scrapping the provision. It did so without bringing a Constitutional amendment that would require two-thirds majority in the Parliament. Read More

In a momentous decision to confine Article 370 of the Constitution to the dustbin of history and rewrite the political landscape of the country, the BJP-led NDA government Monday revoked the special status granted to Jammu and Kashmirand secured Rajya Sabha’s approval for a Bill to bifurcate the state into two Union Territories — Jammu and Kashmir with a legislature similar to Puducherry, and Ladakh without one like Chandigarh. The Bill was passed with a two-thirds majority of the members present in Rajya Sabha. In Lok Sabha, the statutory resolution scrapping the special status was passed by a voice vote in the evening. The bifurcation Bill will be taken up in Lok Sabha Tuesday. With special provisions gone, Indian laws will now apply to the newly created Union Territories. Read the full story here

With mobile communication and Internet services suspended and public movement restricted, all of the Kashmir Valley was in a state of lockdown from midnight Sunday, well before the Cabinet met in New Delhi Monday morning and Union Home Minister Amit Shah announced the decision to do away with Article 370 in Rajya Sabha.PTI, quoting officials, reported that former chief ministersMehbooba Mufti and Omar Abdullah have been arrested along with People’s Conference leader Sajad Lone. The only voices of dissent from the Valley came from two PDP MPs in Rajya Sabha Mir Fayaz and Nazir Ahmed Laway. Read More

J&K Praja Parishad, an organisation formed by the late Bharatiya Jana Sangh leader Balraj Madhok, started a movement for “complete integration” through a resolution at the ABPS. Later, Syama Prasad Mookerjee, the founder president of the Bharatiya Jana Sangh, who was protesting the special status of J&K, died in mysterious circumstances in a Srinagar jail on June 23, 1953.

As Jammu & Kashmir loses its special status with Monday’s Presidential order, the region will witness a tectonic shift in laws governing the state. From property-related laws, criminal laws to crucial central laws like Right to Information & Education — these will be among the many that will be applicable to the proposed Union Territories (UTs), Jammu and Kashmir and Ladakh. 

The flawless execution of bringing the J&K reordering bill — keeping cards so close to his chest that most ministerial and party colleagues were left guessing — and taking the Opposition by surprise and forcing them to take a public position on this politically contentious issue is set to become Shah’s first signature stroke in national politics. 

The NDA government’s decision to abrogate the special status to Jammu and Kashmir under Article 370 fulfills a nearly 70-year-old project of Hindutva parties, their promise that they would one day make the “integration” of J&K with the Union of India a reality.  Read more 

While the BSP declared its support, the SP opposed the government’s decision. “You could have just scrapped Article 370, why was it necessary to make it a Union Territory… why did you abolish statehood,” SP leader Ram Gopal Yadav said. Explaining the BSP’s decision to back the government’s move, BSP leader Satish Chandra Mishra said the “minority Muslim community does not only live in J&K”. There are more Muslims in the rest of India than in J&K, he said, and added that their right to buy property in the state had been “snatched till now”.

Delhi Chief Minister and Aam Aadmi Party convenor Arvind Kejriwal on Monday said his party supports the Centre's decision to revoke Article 370 that gave special status to Jammu and Kashmir. "We hope this will bring peace and development in the state," the chief minister tweeted. Kejriwal said the AAP supports the Centre's move on Jammu and Kashmir. Bhagwant Mann is the AAP's only MP in the Lok Sabha, while it has three MPs -- Sanjay Singh, Sushil Gupta and N D Gupta -- in the Rajya Sabha.

The Haryana Assembly on Monday passed by voice vote a resolution welcoming the Modi government's decision to revoke Article 370 which gave special status to Jammu and Kashmir, with the opposition Congress too supporting it. Chief Minister Manohar Lal Khattar moved the resolution hailing the Centre, Home Minister Amit Shah and Prime Minister Narendra Modi for the decision. Seconding the resolution, Parliamentary Affairs Minister Ram Bilas Sharma while seeking support from all parties said "it is the sentiment of the House and it is not a party matter." (PTI)

On a day when the Centre scrapped the special status provided to Jammu and Kashmir under Article 370, Governor Satya Pal Malik was briefed about the security situation within the state and along the international border. An official spokesperson said that GOC-in-C Northern Command Lt Gen Ranbir Singh along with General Officer Commanding of 15 Corps Lt General KJS Dhillon met Governor at Raj Bhavan in Srinagar and briefed him about the internal and external security management. They also apprised him of the status of preparedness for meeting any unforeseen situation arising here, the spokesperson said. READ MORE HERE

AICTE writes to all institutes covered under Prime Minister’s Special Scholarship Scheme advising them to take "special care" of all students from J&K. PMSSS is a merit-based scholarship that pays for higher ed tuition of J&K students outside their state.

JUST IN: AICTE writes to all institutes covered under Prime Minister’s Special Scholarship Scheme advising them to take "special care" of all students from J&K.
PMSSS is a merit-based scholarship that pays for higher ed tuition of J&K students outside their state@IndianExpress

— Ritika Chopra (@KhurafatiChopra) August 5, 2019

Governor Satya Pal Malik at a meeting with Northern Army commander Lt General Ranbir Singh on Monday reviewed security situation within the state and along the border with Pakistan. An official spokesperson said that Northern Army Commander along with General Officer Commanding of 15 Corps Lt Heneral KJS Dhillon met Governor at raj Bhavan in Srinagar and briefed him about the internal and external security management in the state in the aftermath of development in the Parliament relating to Jammu and Kashmir. 

Delhi Police Commissioner Amulya Patnaik on Monday issued directions for enhancing police presence in vulnerable areas and places frequented by Kashmiri people such as university campuses and markets in the national capital.  "All the DCPs (deputy commissioners of police) were directed to ensure that there is enhanced patrolling and (force) deployment in vulnerable areas or places frequented by Kashmiris. These include university campuses, market areas and residential areas where Kashmiri students and people stay. He (Patnaik) said that enhanced police presence will inspire confidence among the Kashmiri residents here," the officer said.

Former J&K chief ministers Mehbooba Mufti and Omar Abdullah arrested. Apart from them J&K People's Conference leaders Sajjad Lone, Imran Ansari have also been arrested, PTI reports.  Read Full Story Here

My political guru Ram Manohar Lohia ji was always against this Article. A mistake of history has been corrected today, albeit late. I welcome this: Janardan Dwivedi, Congress.

#WATCH Janardan Dwivedi, Congress on #Article370revoked : My political guru Ram Manohar Lohia ji was always against this Article. A mistake of history has been corrected today, albeit late. I welcome this. pic.twitter.com/KqBsROImgS

— ANI (@ANI) August 5, 2019

Senior officials of Ministry of External Affairs are briefing envoys of several countries, including P5 (China, France, Russia, UK&US), on proposals related to Article 370 of Indian Constitution&administrative reorganization of J&K that were introduced in Parliament today.

The Jammu and Kashmir Reorganisation Bill, 2019 essentially proposes to bifurcate the state into two Union Territories — Ladakh and Jammu-Kashmir. The Union Territory of Jammu and Kashmir will have a legislative assembly, whereas the Union Territory of Ladakh will not have a legislative assembly and will be administered by the Lieutenant Governor alone.

Here are the Key takeaways

Voting on state reorganisation bill in Rajya Sabha conducted. The voting was conducted by Automatic Vote Recording System. 

Yes:  121

No: 61

Abstain: 01

The decision by the Centre to repeal Article 370 and re-organise Jammu & Kashmir with many State leaders under house arrest and through a pliant Governor goes against the grain of democracy and constitutionalism. This is a dark day in the history of Indian federalism. #Kashmir

The decision by the Centre to repeal Article 370 and re-organise Jammu & Kashmir with many State leaders under house arrest and through a pliant Governor goes against the grain of democracy and constitutionalism.

This is a dark day in the history of Indian federalism. #Kashmir

— M.K.Stalin (@mkstalin) August 5, 2019

Article 370 was a temporary provision; how long can a temporary provision be allowed to continue. We will make Jammu and Kashmir the most developed state; don't be misguided by political parties. Full state status will be restored to Jammu and Kashmir at an appropriate time; when normalcy returns. 

Jawaharlal Nehru Ji also said "370 ghiste-ghiste ghis jaayegi", magar 370 ko itne jatan se sambhalke rakha, 70 saal hue, ghisi nahi. Everyone accepts it's a temporary provision, but can temporarily continue for 70 yrs, when will it go, how will it go? You stand here in Parliament and say bloodshed will happen in Kashmir..what message are you sending to the valley? You want them to continue living in 18th-century system, don't ppl there have the right to live in the 21st century? Those who provoke have kids studying in London and US.

On terrorism in Kashmir, Amit Shah said that Article 370 led to the development of anger in youth which led to Pakistan using to fuel terrorism in the state. More than 40000 people have been killed, our policy might be wrong, but it was the Congress' policy which has been going on and so many people have been killed. He accuses Pakistan of exploiting the provision to misguide the youth of J&K into picking up the gun. 

Home Minister Amit Shah alleged that it is the opposition which is indulged in vote bank politics over Article 370 in Jammu & Kashmir. He alleged that there is an NGO brigade in parties and adds that no legal scrutiny will be able to touch the bill. 

There is immense scope for tourism in the state but Article 370 does not let it flourish.  travel companies want to go to the valley, open offices, provide new jobs to the local people but because of Article 370, no big travel agency can go anjd open business in the state. There is a huge scope of religious tourism as well but they can not be explored due to Article 370. 

I want to tell the people of J&K what damage 370 & 35A did to the state. It's because of these sections that democracy was never fully implemented, corruption increased in the state, that no development could take place

Article 370 is anti-women, anti-Dalit and anti-development. Because of this provision, 73rd and 74th amendment does not apply to the state, the panchayat election does not take place. Under the President's rule, the panchayat election was done and development was done in villages. We are not doing vote politics, as it will apply on everyone be it Muslim, Hindu, Jain, Buddhist living in the state. Three generations had held the state hostage for all these years, under President's rule we conducted elections without bloodshed. 

Responding to the Opposition parties in the Rajya Sabha, Home Minister Amit Shah says that after partition many immigrants reached J&K from Pakistan but they never got the citizenship, could not even become a councillor. They say if Article 370, 35A is scrapped it will be very bad, but I want to say that the provision has led to the loss of J&K, Leh and Ladakh. 

Terming the provision as "archaic" that worked against the Kashmiris, billionaire businessman Sajjan Jindal has welcomed the abolition of Article 370 that offered special status to Jammu & Kashmir by the government, saying it will ensure the state joins the mainstream. "Article 370 (abrogation) is a landmark decision by any standard. It is a strong move by the Narendra Modi and Amit Shah," Jindal tweeted.

Supporting the move, another businessman and RPG Enterprises chairman Harsh Goenka said it has been a "landmark fortnight". "Historic day. One flag. One nation. One Constitution," he said on the micro-blogging site. (PTI)

“I had never imagined that the head of the state which is India’s crown will be chopped off,” he said. Azad said it was a ‘matter of shame’ that the Centre had reduced the state to a non-entity with Lt Governor’s rule. He said an “atom bomb” exploded in the House when the Home Minister (Amit Shah) spoke on Monday, claiming that the “state was being removed from the map of India” by being bifurcated and converted into a Union Territory.

Read Ghulam Nabi Azad's statement on Article 370 Here

Supporting the resolution on removal of Article 370 --that gives special status to Jammu and Kashmir -- moved in the Upper House, Subramanian  Swamy also said that now there is nothing to mediate in the Kashmir issue for the US President Donald Trump except for him to tell Pakistan Prime Minister Imran Khan to return the land taken illegally from India. "Return of the territory in the possession of Pakistan is the next agenda item for us. I hope the decisiveness with which Prime Minister and Home Minister have taken this step, will take the next step also when we are ready to recover the land as per the resolution of this Parliament," he said. (PTI)

BJP sees an inalienable link between itself and Jammu and Kashmir; a close connection between the trouble in the state and its own inception as a party. The man who establishes this link is Dr Syama Prasad Mookerjee, a Bengali barrister, educationist and once-member of Jawaharlal Nehru’s Cabinet. The Indian Express explains 

Today we should think about why we're here and what should democracy involve. I know Bill will be passed as you have manufactured a majority, therefore, we can do nothing about it. While you call this a historic moment, the only history will judge whether it was historic or not: Kapil Sibal

What is Article 370 and 35A: A recent central ordinance, which extends reservation to SCs and STs in J&K, throws the spotlight on Article 35A, as well as Article 370 from which it derives. What are these two provisions?  Read Here

After the Centre on Monday revoked Article 370 which granted special status to Jammu and Kashmir, the government in neighbouring Punjab prohibited any kind of celebrations or protests that could vitiate the atmosphere. Chief Minister Amarinder Singh directed the Punjab Police to be prepared to thwart any attempts by Pakistan to create disturbance in the state.

A meeting was held to review the law and order situation in the state in the wake of the revocation of Article 370 in Jammu and Kashmir.
"Pakistan may not take this lightly and could resort to some act against India," the chief minister said, asking the state police to be ready for any eventuality.

He has ordered increased security for the 8,000-odd Kashmiri students in Punjab, and directed superintendents of police and deputy commissioners to meet them and talk to them personally. The chief minister has ordered scaling up of security in Punjab's districts that border Kashmir.

Following the decision, actors like Dia Mirza, Vikrant Massey, Zaira Wasim, Raveena Tandon and Maanvi Gagroo among others took to Twitter to share their reactions. Dia Mirza posted on Twitter, “My thoughts are with #Kashmir. Praying for peace #KashmirNeedsAttention”. Zaira Wasim, who recently made headlines for quitting Bollywood, tweeted, “This too shall pass! #Kashmir.”

Here is how Bollywood reacted on developments in Kashmir

We support decisions that are taken by the Centre in the country's interest&we oppose if decisions are not in the country's interest. It is not right to compare Delhi and Jammu&Kashmir. Kashmir's overall situation is way different from Delhi's: Saurabh Bhardwaj

Former Finance Minister Arun Jaitley congratulated Prime Minister Narendra Modi and Union Home Minister Amit Shah for correcting a “historical wrong”. “A historical wrong has been undone today. Article 35A came through the back door without following the procedure under Article 368 of the Constitution of India. It had to go,” he tweeted.

A historical wrong has been undone today. Article 35A came through the back door without following the procedure under Article 368 of the Constitution of India. It had to go.

— Arun Jaitley (@arunjaitley) August 5, 2019

The number of seats in each region will be determined by the Delimitation Commission that will be set up soon. The process of appointing a commission will start soon.

The number of seats in each region will be determined by Delimitation Commission that will be set up soon. The process of appointing a commission will start soon. Say @BJP4India sources @IndianExpress

— Liz Mathew (@MathewLiz) August 5, 2019

Amid major political developments in Jammu and Kashmir, the administration in Uttar Pradesh's Noida on Monday asked the people to verify any related content they post on social media and warned legal action against rumour mongering. "If anybody is found spreading rumour or disseminating unverified information on social media which impacts harmony and public order then legal action would be initiated against them by the district administration and the police," District Magistrate B N Singh was quoted as saying in the statement. (PTI)

"Telugu Desam Party supports the Union Govt as it seeks to repeal Article 370. I pray for the peace and prosperity of the people of J&K."

Telugu Desam Party supports the Union Govt as it seeks to repeal Article 370. I pray for the peace and prosperity of the people of J&K.#Article370

— N Chandrababu Naidu (@ncbn) August 5, 2019

Pakistan Monday strongly rejected the Narendra Modi-led NDA government’s move, calling it against the United Nations Security Council (UNSC) resolutions. In a statement, the Pakistan Foreign Ministry said, “No unilateral step by the Government of India can change the disputed status, as enshrined in the United Nations Security Council (UNSC) resolutions. Nor will this ever be acceptable to the people of Jammu & Kashmir and Pakistan. As the party to this international dispute, Pakistan will exercise all possible options to counter the illegal steps.”

Read | Scrapping of Article 370 against UNSC resolution: Pakistan

The overwhelming mandate that Modi ji got had given us hope that like a statesman he too would tread the path taken by Vajpayee ji & reach out to people of J&K. What an utter betrayal of trust.

The overwhelming mandate that Modi ji got had given us hope that like a statesman he too would tread the path taken by Vajpayee ji & reach out to people of J&K. What an utter betrayal of trust.

— Mehbooba Mufti (@MehboobaMufti) August 5, 2019

Derek 'O Brien: Today is a Black Monday.  A dark day for Parliamentary democracy, dark day for federalism, dark day for constitution, dark day for Rajya Sabha, dark day for the idea of India.

RSS chief Mohan Bhagwat on Monday hailed the Union government's decisions on Jammu and Kashmir, describing it as "brave" and "very necessary" for the interest of the country, including Jammu and Kashmir. "We heartily welcome the government's brave decision. This was very necessary for the interest of the country, including Jammu and Kashmir," they said.

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??? ?? ???? ????????? ??? ???????? ????? ?? ??? ???? ?? ??? ?? ?????? ?? ?????? ???? ???????”

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— RSS (@RSSorg) August 5, 2019

Sources in the BJP say the bill will get passed in Rajya Sabha before 5 pm and it will be taken to Lok Sabha today itself.

Latest. @BJP4India sources say the bill will get passed in RS before 5 and it will be taken to LS today itself @IndianExpress

— Liz Mathew (@MathewLiz) August 5, 2019

Shameful that you have turned J&K into a non-entity by making a Lt Governor there, so that you can appoint even a peon or a clerk, sitting here: Gulam Nabi Azad

Terming it as totally unconstitutional, Punjab Chief Minister Captain Amarinder Singh on Monday flayed the manner in which the Centre had imposed its decision on Kashmir, saying the democratic fabric of the nation had been ripped apart with this unprecedented violation of the Constitutional norms. “It is a dark day for the Indian democracy,” said Captain Amarinder, adding that the Constitution of India had been rewritten without following any legal provisions. Such a historic decision should not have been taken and pushed through in this arbitrary manner, he said.

DMK president MK Stalin told ANI, "Without consulting people of Jammu and Kashmir, Article 370 has been taken away. Democracy has been murdered. AIADMK is also supporting the decision which is condemnable."

The BJP sees an inalienable link between itself and Jammu and Kashmir; a close connection between the trouble in the state and its own inception as a party. The man who establishes this link is Dr Syama Prasad Mookerjee, a Bengali barrister, educationist and once-member of Jawaharlal Nehru’s Cabinet, who died on June 23, 1953 in Srinagar Jail, where he had been imprisoned for violating prohibitory orders issued by the state government of Sheikh Abdullah. Two years previously, in 1951, Mookerjee had founded the Bharatiya Jana Sangh, the political arm of the RSS, and the predecessor and first avatar of the BJP. Read more

Political parties were divided in opinion over the scrapping of Article 370. Home Minister Amit Shah announced the scrapping of Article 370 in Rajya Sabha Monday, evoking massive protests from the Opposition. While some parties supported the government’s decision to scrap the article which gave special status and autonomy to Jammu and Kashmir, other parties led by Congress opposed the move.

Here’s how political leaders reacted to the abrogation of Article 370. Read more

Delhi Chief Minister Arvind Kejriwal has supported the central government's move to scrap Article 370. In a tweet, Kejriwal said, "We support the govt on its decisions on J & K. We hope this will bring peace and development in the state."

We support the govt on its decisions on J & K. We hope this will bring peace and development in the state.

— Arvind Kejriwal (@ArvindKejriwal) August 5, 2019

Senior BJP leader Arun Jaitley hailed the government's decision to scrap Article 370. Jaitley said, "A historical wrong has been undone today. Article 35A came through the back door without following the procedure under Article 368 of the Constitution of India. It had to go. My compliments to the Prime Minister Shri Narendra Modi ji and the Home Minister Shri Amit Shah for correcting a historical blunder."

BJP ally Shiv Sena Monday demanded former Jammu and Kashmir chief minister and PDP chief Mehbooba Mufti be booked under newly-amended anti-terror law for using "terrorism language" against opponents of Article 35 A, which grants special rights to the permanent residents of Kashmir.

In an editorial published in its Marathi mouthpiece "Saamana", the Uddhav Thackeray-led party also supported the government's move to curtail the annual Amarnath Yatra.

"(Mehbooba) Mufti had said that hands of those who would touch the article 35 A should be burned (and that) the Kashmiri people should be ready for sacrifice.

"The Home Minister of the country should not entertain such language of instigation and rebellion. It is the language of terrorism. She (Mufti) should be sent to jail under the new UAPA...If not done, their conspiracy to trigger riots in Kashmir will succeed," Sena said.

(PTI)