Developments on August 5, 2019 on Jammu and Kashmir
-The President of India signed an order on the morning of August 5, 2019- Constitution Applicable to the State of Jammu-Kashmir order, Order 2019, Constitutional order 272
-The August 5 Presidential order used the powers given under clause 1 of Article 370. The same powere was used in 1954 to issue the Presidential order that granted special status to Jammu-Kashmir.
-After issuance of today’s orders, all the orders or amendments issued under order issued in 1954 stand revoked.
-Now what is applicable is the 2019 order.
-Now all the amendments in the Constitution would get applicable to Jammu-Kashmir with very few exceptions
-Modi lead NDA government has also amended Article 367 and added Clause 4 to it which now includes Jammu-Kashmir in general category along with other states. Earlier Constitution amendments were not applicable in Jammu-Kashmir as it was not included in the category of states which is refered to as ‘the said states’ in this Article. But now it is also a part of the ‘said states.’ So Jammu-Kashmir is now like any other state when it comes to applying Constitutional provisions
-The power which was vested in Legislative Assembly in the state is now vested in the Governor, Earlier the assembly used to recommend to the governor and the latter used to recommend further to the President of India.
-Now like any other state, the council of ministers will give advise to the Governor
-Constituent Assembly shoud now be read as legislative Assembly. Thus the compulsion to have Constituent Assembly to scrap Article 370 is not required.
-Two issues were brought in by the Modi govt in Parliament today
-Clause 2 and 3 of Article 370 were scrapped. According to these clauses, recommendation of Assembly was required to scrap Article 370. But now only Clause 1 remains,.
-Re-organisation of the State: Two Union territories have been carved out. Ladakh is a Union Territory without assembly. It will have two Hill councils and a Lieutenant Governor. Jammu-Kashmir has been made a Union territory with assembly Governor as administrative head.