Parliament approves Resolution to repeal Article 370

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New Delhi : The Parliament on August 6, 2019, approved a resolution repealing special status to Jammu and Kashmir under Article 370 of the Constitution of India and a bill for splitting the state into two Union Territories. The resolution was adopted by Lok Sabha with 351 members voting in its support and 72 against it, while one member abstained. The bill to create two UTs — Jammu and Kashmir, and Ladakh — was passed by 370 votes in favour and 70 against.

Union Home Minister Amit Shah introduced two bills and two resolutions regarding Jammu & Kashmir (J&K) in Lok Sabha on August 6, 2019. They are : Constitution (Application to Jammu & Kashmir) Order, 2019 {Ref. Article 370(1) of 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 & Kashmir (Reorganisation) Bill, 2019 {Ref. Article 3 of Constitution of India} ; Jammu & Kashmir Reservation (2^nd Amendment) Bill, 2019 {Home Minister withdrew the Bill from both Houses as the provisions of this act would become applicable to J&K once article 370 gets repealed and the laws of Union of India become applicable there}.

Article 370(3) provides President of India has the powers to amend or repeal the article by issuing a notification based on a recommendation of Constituent Assembly of J&K. President of India signed the Constitution Order 2019 on August 5, 2019,  regarding Article 370(1), under which all the provision under article 4 would be applicable to J&K. Now since President’s rule is in force in the state, implementation of article 370 would cease to exist when President of India issues the notification in this regard, after this House passes the resolution.

Replying to the debate in the Lok Sabha, Shah stated, “I want to state that J&K is an inalienable part of India. There are no two versions about that.” Parliament is the highest and fully competent body to make laws and bring resolutions regarding a state of India including J&K. There can be no question to this power of the Parliament. Shah said that for 70 years, people of India have harboured this aspiration in their hearts that Kashmir must be an integral part of India. Article 370 was the only roadblock to realise this goal.

Leader of main opposition party in Lok Sabha raised the issue of how the Centre can take this step unilaterally when Kashmir is a bilateral issue between India and Pakistan and when the matter is pending in UN. To this, Shah challenged the opposition that they must clarify their stand on the floor of the House whether they support UN meditation in Kashmir. The opposition in a way has questioned the competence of the Parliament by raising this point, he stated.

Speaking on the applicability of United Nations charter on India and Pakistan to J&K, Shah said that under this charter neither armed forces would violate the territorial integrity of other country. The day in 1965 Pakistan violated this provision, the charter was violated. The question of a referendum ended with the Pakistani aggression. Hence, the Government of India has full rights to take any decision regarding its territorial integrity. This was even agreed to by the UN, the Home Minister added.

Shah reminded the opposition and asked who took Kashmir matter to UN and who brought a unilateral cease fire in 1948? “Had our forces given a free hand to deal with the situation, PoK would have been a part of India today,” he stated.

Introducing the resolutions and bills on the floor of the House, Shah said that the House has been witness to many historical moments. Today once again this House is witness to a golden day when we are going to bring J&K truely into India’s fold. Now, local representatives would have a voice in the hill councils.

Shah said, “I want to assure the people of J&K that the status of State would be restored once the situation normalises. Secondly, PoK and Aksai Chin are an inalienable part of JK and the seats are still part of the legislature. J&K would have a Legislative Assembly with elected representatives and it is a misnomer that the administration would be run by the Centre.”

The Home Minister explained the difference between articles 370 and 371. Article 370 was originally a temporary provision. He informed that because of article 370, the laws of Union of India did not apply to J&K, corruption and terrorism flourished there. Article 371 relates to special provisions to special clauses favouring development to backward regions in some states. Why would the Government repeal article 371 and why is the opposition equating articles 370 and 371, he asked. Home Minister assured the people of these states that this Government has no intention of repealing article 371.

Regarding troop deployment and no internet facilities in J&K currently, Shah assured that there is no reason other than preventing some nefarious elements from instigating violence in the State and no one can stop the government to take precautionary measures to protect the peace inside the country. He made it clear that the government would never talk with separatist elements and those who back cross border terrorism, according to a PIB release. Shah further said that those who favour article 370 are in opposition to the Prevention of Child Marriage Act which could not be applied to J&K due to article 370. Shah stated that Pakistan has misused the presence of article 370 to sow the seeds of separatism and terrorism in J&K.