(The Gist of PIB) Resolution to Repeal Article 370 of the Constitution [AUGUST-2019]


    (The Gist of PIB) Resolution to Repeal Article 370 of the Constitution [AUGUST-2019]


Resolution to Repeal Article 370 of the Constitution

  • Government of India has brought resolution to Repeal Article 370 of the Constitution.
  • Union Minister for Home Affairs, Shri Amit Shah, introduced two bills and two resolutions regarding Jammu and Kashmir. Both the bills were passed by Rajya Sabha unanimously.

Key highlights

  • Constitution (Application to Jammu and Kashmir) Order, 2019 {Ref. Article 370(1) of the Constitution of India} – issued by President of India to supersede the 1954 order related to

Article 370:

  • Resolution for Repeal of Article 370 of the Constitution of India {Ref. Article 370 (3)}:
  • Jammu and Kashmir (Reorganisation) Bill, 2019 {Ref. Article 3 of the Constitution of India}: It makes Jammu & Kashmir a Union territory with a Legislative Assembly, along with Union
  • Territory status to Ladakh without a Legislative Assembly.
  • Jammu and Kashmir Reservation (2nd Amendment) Bill, 2019: It amends the Jammu and Kashmir Reservation Act 2004. This bill seeks to extend the 10% quota to economically weaker sections of society in J&K in jobs and educational institutions.

Repeal of Article 370:

  • Government is moving a resolution which would repeal the provisions under Article 370 of the Constitution of India, which granted a special status to the state of Jammu and Kashmir.\
  • The provisions of Article 370 would cease to exist from the date President of India issued a notification in this regard, after the recommendation of the Parliament.
  • Consequently, the Constitution of India would get applicable to Jammu and Kashmir, on par with other states/UTs of the country, the Minister added.
  • Under article 370(3), there is a provision that President, on recommendation of the Parliament, has the power to amend or cease the implementation of article 370,through a public notification.

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Courtesy: PIB