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Saturday, August 15, 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

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.

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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