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[dropcap]T[/dropcap]HE President of India, Ram Nath Kovind on August 6, 2019 signed an order declaring that all clauses of Article 370 of the Constitution of India would cease to be operative from August 6, 2019, except the following:
"370. All provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the State of Jammu and Kashmir notwithstanding anything contrary contained in article 152 or article 308 or any other article of this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law, document, judgement, ordinance, order, by-law, rule, regulation, notification, custom or usage having the force of law in the territory of India, or any other instrument, treaty or agreement as envisaged under article 363 or otherwise."
The Presidential Order has come on the recommendation of the Parliament to the effect that Article 370 would cease to exist from the date the President of India issues a notification in this regard, after the recommendation of the Parliament. Consequently, the Constitution of India will be applicable to Jammu and Kashmir, on par with other states and union territories of the country.
On August 5, 2019, the President had issued an order called "The Constitution (Application to Jammu and Kashmir) Order, 2019" which in effect made Article 370, which provided for special status to Jammu and Kashmir, redundant.
The order had been issued by the President in exercise of the power vested in him under Article 370(1) of the Constitution of India. The order read as follows:
“"…..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 the 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".
The Union Home Minister Amit Shah had moved a resolution in the Rajya Sabha and Lok Sabha to this effect, which read as follows:
“"That this House recommends the following public notification to be issued by the President of India under Article 370 (3):'In exercise of the powers conferred by Clause (3) of Article 370 read with clause (1) of article 370 of the Constitution of India, the President, on the recommendation of the Parliament, is pleased to declare that, as from 5th of August, 2019, all clauses of the said article 370 shall cease to be operative except clause (1) thereof which shall read as under, namely:
"All provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the State of Jammu and Kashmir notwithstanding anything contrary contained in article 152 or article 308 or any other article of this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law, document, judgement, ordinance, order, byelaw, rule, regulation, notification, custom or usage having the force of law in the territory of India, or any other instrument, treaty or agreement as envisaged under article 363 or otherwise."
The Parliament also passed "The Jammu and Kashmir Reorganization Bill, 2019" yesterday, seeking to bifurcate the state of Jammu and Kashmir by forming two new union territories – the Union Territory of Ladakh comprising "Kargil and Leh districts" and the Union Territory of Jammu and Kashmir comprising the territories of the existing State of Jammu and Kashmir other than Kargil and Leh.
