A petition has been moved to the Supreme Court challenging the President's notification of withdrawal of special status to Jammu and Kashmir under Article 370. Petitioner's lawyer M L Sharma Tuesday said the accepted process was unconstitutional.
Union Home Minister Amit Shah announced on Monday that the government had failed special status granted to Jammu and Kashmir by change Article 370 of the Constitution. In the absence of specific provisions, Indian laws will already apply to the proposed Union territories.
By changing the interpretation of some of the terms found in Article 370 on Monday, the Presidential Order through Article 367, changes the interpretation of the special provisionHowever, the President has the power to issue such notification by Article 370 itself. Article 370 (1) (d) entitles the President to extend the provisions of the Indian Constitution to Jammu and Kashmir.
The presidential order also requires the consent of the state government. However, as Jammu and Kashmir are currently governed by the governor, the consent of the governor, Satya Pal Malik, is considered to be the consent of the government.
Advocate Aman Hingorani, an expert on Kashmiri constitutionalism, said that since the governor is appointed by the president, that consent may be considered invalid.
The Rajya Sabha on Monday approved a bill for the reorganization of Jammu and Kashmir, which splits the state into two territorial unions – Jammu and Kashmir with a Puducherry-like legislature and Ladakh without such as Chandigarh. Follow the live updates
The bill was passed by a two-thirds majority of those present in the Raja Sabha. In the Lok Sabha, the legal resolution to cancel the special status was adopted by a vote in the evening.
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Union Home Minister Amit Shah, who tabled the Jammu and Kashmir Reorganization Bill, 2019 and the law resolution in the Rajah Sabha at around 11am, after the Union Cabinet met at Prime Minister Narendra Modi's residence at 9.30 To give precedence, he said: Article 370 was a provisional provision … as long as the provisional provision could be granted … After the repeal of Article 370, Jammu and Kashmir will indeed become an integral part of India. "
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The bill met with fierce opposition from Congress and PDP leaders. Head of the National Conference Faruk Abdullah said this on Tuesday the government's decision to split the state of Jammu and Kashmir into two territories of the union felt like "your body was carved".
"Ye Maine Hindustan tilts. Maine kabhi yeh Hindustan nahin dekha. Yeh Hindustan hum sabka Hindustan hai, Hindu ho, Muslim mus, Sikh ho, isai ho, yeh sabka Hindustan tha"(I have never seen this India. This India is from all of us. Hindu, Muslim, Sikh)," he said.