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Sunday, February 23, 2020

Article 370 highlights: Jammu and Kashmir loses special status

With the Centre's decision to scrap the special status to Jammu and Kashmir guaranteed under Article 370 of the Constitution, political disagreement has also taken centrestage, experts have raised questions on the legality of the move.

By: Express Web Desk | New Delhi | Updated: August 6, 2019 10:37:41 am
Article 370 LIVE Updates: J&K loses special status, bifurcation Bill to be taken up in Lok Sabha today All of the Kashmir Valley was in a state of lockdown from midnight Sunday.

Article 370 ‘Scrapped’ Live Updates: By diluting the special status to Jammu and Kashmir guaranteed under Article 370 of the Constitution without scrapping the provision, the Bharatiya Janata Party (BJP) has fulfilled its election promise.

With the Centre’s decision, political disagreement has also taken centrestage, experts have raised questions on the legality of the move. While senior Congress leader P Chidambaram said history will prove the BJP wrong, TMC’s Derek O’Brien called it a “dark day” for parliamentary democracy, federalism and the Constitution.

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. On Monday night, former chief ministers Mehbooba Mufti and Omar Abdullah were arrested along with People’s Conference leader Sajad Lone.

The Bill to bifurcate the state into two Union Territories — Jammu and Kashmir with a legislature similar to Puducherry, and Ladakh without one like Chandigarh was passed with a two-thirds majority of the members present in Rajya Sabha. Two PDP MPs Mir Fayaz and Nazir Ahmed Law had protested against the government’s decision 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.

Explained: What are Articles 370, 35A?

Live Blog

Jammu and Kashmir Reorganisation Bill was passed in Rajya Sabha. Read highlights

Highlights

    10:25 (IST)06 Aug 2019
    Jammu and Kashmir: Indian laws apply now

    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 after the loss of Article 370. Under the new provision, citizens can settle in the two proposed UTs and also buy land.  The state that is now governed through its own constitution is set to lose legal status; the state flag would also lack recognition. The red flag with a plough and three stripes — representing the regions of Jammu, Kashmir and Ladakh — was hoisted along with the tricolour. Read more

    09:22 (IST)06 Aug 2019
    Explained: What has changed in Jammu and Kashmir

    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

    09:19 (IST)06 Aug 2019
    P B Mehtra writes: The story of Indian democracy written in blood and betrayal

    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

    08:17 (IST)06 Aug 2019
    Using Article 370 to scrap Article 370? The legal debate ahead

    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

    07:09 (IST)06 Aug 2019
    J&K will truly be integral part of India… I want to tell Valley nothing negative will happen: Amit Shah

    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

    Union Home Minister Amit Shah tabled the Jammu and Kashmir Reorganisation Bill, 2019 and the statutory resolution in Rajya Sabha. (PTI)
    07:00 (IST)06 Aug 2019
    Valley locked down; Omar, Mehbooba, Lone locked up

    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

    A police officer briefs his men in Srinagar, Monday. (AP)
    05:27 (IST)06 Aug 2019
    Article of faith: History of the RSS and BJP opposition to 370

    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.

    05:24 (IST)06 Aug 2019
    All laws will now apply: from property purchase to Indian Penal Code

    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. 

    04:43 (IST)06 Aug 2019
    Move to scrap J&K special status: Cards close to his chest, Amit Shah surprises Oppn, most ministers

    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. 

    04:40 (IST)06 Aug 2019
    Editorial | Rupture in history, stitching a future

    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 

    04:38 (IST)06 Aug 2019
    New J&K order: BSP backs move, Samajwadi Party questions it

    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”.

    23:53 (IST)05 Aug 2019
    We support govt's decision on J-K: Kejriwal

    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.

    23:36 (IST)05 Aug 2019
    Haryana Assembly resolution hails revocation of Art 370

    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)

    22:50 (IST)05 Aug 2019
    Governor Satya Pal Malik reviews J-K security situation as Centre modifies Article 370

    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

    22:48 (IST)05 Aug 2019
    Take "special care" of all students from J&K: AICTE

    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.

    21:20 (IST)05 Aug 2019
    Northern Command chief briefs Governor on security situation

    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. 

    21:07 (IST)05 Aug 2019
    Delhi Police issues directions for more police presence in places frequented by Kashmiris

    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.

    20:43 (IST)05 Aug 2019
    Mehbooba Mufti, Omar Abdullah arrested

    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

    20:40 (IST)05 Aug 2019
    Parliament illuminated after RS passes J&K Reorganisation Bill

    20:14 (IST)05 Aug 2019
    I welcome this decision: Congress leader on Article 370

    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.

    19:49 (IST)05 Aug 2019
    P5 nations being briefed on developments in J&K

    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.

    19:12 (IST)05 Aug 2019
    Jammu & Kashmir Reorganisation Bill passed by Rajya Sabha: Key takeaways

    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

    18:52 (IST)05 Aug 2019
    Jammu & Kashmir Reorganisation Bill moved by Amit Shah passed in Rajya Sabha

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

    Yes:  121

    No: 61

    Abstain: 01

    18:36 (IST)05 Aug 2019
    This is a dark day in the history of Indian federalism: MK Stalin

    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

    18:30 (IST)05 Aug 2019
    Full state status will be restored at appropriate time: Amit Shah

    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. 

    18:15 (IST)05 Aug 2019
    Don't people in J&K have right to live in the 21st century?: Amit Shah

    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.

    18:03 (IST)05 Aug 2019
    Article 370 led to rise in terrorism: Amit Shah

    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. 

    18:01 (IST)05 Aug 2019
    Amit Shah alleges opposition of vote bank politics

    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. 

    17:52 (IST)05 Aug 2019
    Article 370 led falling in tourism of state: Amit Shah

    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. 

    17:47 (IST)05 Aug 2019
    Article 370 responsible for poverty of J&K: Amit Shah

    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

    17:46 (IST)05 Aug 2019
    Amit Shah points out failures of Article 370

    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. 

    17:42 (IST)05 Aug 2019
    Amit Shah is responding to the opposition in Rajya Sabha

    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. 

    17:35 (IST)05 Aug 2019
    India Inc hails J&K move, will help mainstream troubled Valley

    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)

    17:25 (IST)05 Aug 2019
    Ghulam Nabi Azad on Article 370

    “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

    17:16 (IST)05 Aug 2019
    Govt's next agenda should be getting back PoK: Swamy in RS

    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)

    16:54 (IST)05 Aug 2019
    Explained: Syama Prasad Mookerjee and the BJP’s ‘emotional connect’ with Kashmir

    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 

    16:45 (IST)05 Aug 2019
    We should think about why we're here and what should democracy involve: Sibal

    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

    16:41 (IST)05 Aug 2019
    Explained: What are Articles 370, 35A?

    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

    Sheikh Abdullah, in the presence of Jawaharlal Nehru, announces in Srinagar that Kashmir would be part of India. (Express Archive)
    16:35 (IST)05 Aug 2019
    Article 370: Punjab bans any kind of celebrations or protests

    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.

    16:11 (IST)05 Aug 2019
    Article 370 scrapped: Bollywood reacts to resolution

    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

    article 370, article 370 in kashmir, article 370 in kashmir news, what is article 35a, what is article 370 and 35a, jammu kashmir news, kashmir news, kashmir issue, article 370 of indian constitution, kashmir article 370, jammu kashmir article 370 news, article 370 latest news, article 370 in india, what is article 370 act, article 370 today news, article 370 live news Article 370 Scrapped Live Updates: Indian soldiers stand guard in the night in Srinagar, India, Sunday. (AP Photo/ Dar Yasin)

    Article 370 Scrapped Live Updates: Union Home Minister Amit Shah Monday announced that the government has scrapped the special status granted to the state of Jammu and Kashmir by modifying Article 370 of the Constitution. He added that the President has issued a gazetted order, called the Constitution Application to Jammu and Kashmir) Order, 2019, which shall supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time. Earlier, National Conference leader Omar Abdullah and PDP chief Mehbooba Mufti Monday condemned the Presidential order, calling it the betrayal of the trust people of Jammu and Kashmir reposed in India.

    Meanwhile, responding to Opposition criticism on the government's decision to modify Article 370, Union Home Minister Amit Shah said that the provisions granting special status to Jammu-Kashmir have led to a rise in terrorism and contributed to the underdevelopment of the state. He alleged that the opposition was indulging in vote bank politics over the special status issue.

    His proposal evoked massive protest from the Opposition which asked the Union government to roll back the order. PDP MPs Mir Fayaz and Nazir Ahmed Laway attempted to tear Indian Constitution against the abrogation of article 370 saying it’s a breach of trust to people of Kashmir. They also tore their kurtas over the move. Condemning the PDP MPs actions, Congress leader Ghulam Nabi Azad said, " I strongly condemn the act of 2-3 MPs. We stand by the constitution of India. Hum Hindustan ke samvidhaan ki raksha ke liye jaan ki baazi laga denge, but today BJP has murdered constitution.

    The heightened uncertainty in the Valley took a turn for the worse as the government late Sunday night imposed restrictions under Section 144 of the CrPC in Srinagar district and placed the top leadership of the state — NC leaders Omar and Farooq Abdullah, and PDP chief Mehbooba Mufti, among others — under house arrest. Internet services were entirely shut down in several parts of the Valley.

    The government order said Section 144 would come into effect in Srinagar from the midnight of August 5 and remain in force till further orders. While ruling out curfew, the order also said public meetings or rallies would be disallowed and there would be “no movement of public and all educational institutions shall also remain closed”.

    The notices added to the confusion and panic in the Valley. Paramilitary forces remained deployed across Kashmir, while satellite phones have reached civil administration officials. On Sunday evening, a directory with the satellite numbers of administrative officials – deputy commissioners and senior police offiers – appeared on social media.

    In Jammu, all schools, colleges and academic institutions have been advised to remain closed on Monday as a precautionary measure.

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