PM Modi to adress nation .... Explain move to remove Article 370

Prime Minister Narendra Modi is likely to address the nation to explain the historic step to remove Article 370 and reorganize the now dissolved state into two Union Territories.

PM Modi to adress nation .... Explain move to remove Article 370

Prime Minister Narendra Modi

New Delhi, Aug 6: Prime Minister Narendra Modi is likely to address the nation to explain the historic step to remove Article 370 and reorganize the now dissolved state into two Union Territories.

On Monday, the Rajya Sabha approved the abrogation of Article 370 in Jammu and Kashmir and the bifurcation of the state by a massive majority here .

The proposal for the abrogation of Article 370 saw 125 votes in favour of the motion while 61 MPs voted against it.

The proposal to bifurcate the northern state will see Jammu and the Kashmir valley being re-organised as a union territory with a legislature while Ladakh will be a union territory without a legislature.

Addressing the Rajya Sabha members before the start of the voting process, Union Home Minister Amit Shah asserted that the three regions may be formed into a state once again in the future if the situation permits.

"Several MPs have asked how long will J&K remain a Union Territory- I want to assure them when situation gets normal & the right time comes, we're ready to make J&K a state again. It may take a little longer, but it will become a state once again, one day," Amit Shah said.

Amit Shah also pointed out that Jawaharlal Nehru had also said that Article 370 was a temporary provision, but yet it has survived for close to seven decades.

Criticising Kashmiri leaders who have warned of unrest in the valley if Article 370 is removed, Amit Shah said the political class including separatists in the state live comfortable lives while provoking the common people into the path of terrorism.

"You stand here in Parliament and say bloodshed will happen in Kashmir. What message are you sending to the valley? You want them to continue living in 18th century system, don't ppl there have right to live in 21st century? Those who provoke have kids studying in London and US," the Home Minister asserted.

Amit Shah also stated that Jammu and Kashmir's special status prevented the people there from fully availing of the benefits government schemes.

"Ayushman Bharat scheme is there but where are the hospitals? Where are doctors and nurses? (in Kashmir) Those supporting 35A please tell me which famous doctor will go and live there and practice? He can't own land or house nor can his children vote," he said.

Prime Minister Narendra Modi, Amit Shah and National Security Advisor (NSA) Ajit Doval have jointly played a crucial role in the central government's historic move to remove Article 370 and Article 35A which conferred special status on the now dissolved state of Jammu and Kashmir.

The trio have fulfilled one of the long standing agendas of the BJP. It is an issue on which the present ruling party has been agitating since its Jan Sangh days.

Shah met NSA Doval on Sunday to discuss this very agenda.

The state of Jammu and Kashmir has now been split into two union territories -- J&K which has an assembly and Ladakh with no assembly.

Understand this by reading these 10 points:

 1. Jammu and Kashmir split into union territories J-K and Ladakh.  

 2.  The Jammu and Kashmir Reorganisation Bill, 2019 has been introduced in the Rajya Sabha.

3.  As per this Bill, J&K is split into 2 union territories -- J&K with an assembly and Ladakh with no assembly. The bill to be brought in parliament.

4. The statement of the object for the bifurcation says given the prevailing security situation in J-K fuelled by cross border terrorism a separate union territory of Jammu and Kashmir with a legislature was created.

5. The reason as to why Ladakh was made into a UT was that it was a 'long pending demand of the people of Ladakh and would help them realise their aspirations.

6. HM moves resolution to scrap Article 370 in J-K:  Pandemonium in the Rajya Sabha as the HM proposes to revoke Article 370. Shah moves a resolution revoking Article 370 from J&K in the Rajya Sabha. He tells the Upper House: I am ready for all discussions by the leader of the Opposition, the entire opposition and the members of the ruling party over Kashmir issue. I am ready to answer all questions.

7. Making a historic announcement in the Rajya Sabha that triggered bedlam, Shah said: "I am presenting the resolution to revoke Article 370 in Jammu and Kashmir except the first clause 370 (1)."

Following his speech amid bedlam, the House was adjourned.

8. In a separate statement, Shah said the government had proposed to reorganize Jammu and Kashmir carving out two separate Union Territories of Ladakh and Jammu and Kashmir.He said this had been done in view of constant threats of cross border terrorism.

9. The Union Territory of Ladakh was a long pending demand of the people of the region and the decision was aimed at fulfilling the aspiration of the local population, the Minister said.Two members of the Peoples Democratic Party (PDP), Nazeer Ahmed Laway and Mir Mohammad Fayaz, were shunted out of the Rajya Sabha after they removed copies of the Constitution.

10. PDP leader Mehbooba Mufti described the decision to scrap Article 370 as "the darkest day in Indian democracy"."Decision of J&K leadership to reject 2 nation theory in 1947 & align with India has backfired. Unilateral decision of GOI to scrap Article 370 is illegal & unconstitutional which will make India an occupational force in J&K," the former Chief Minister tweeted.

As soon as Shah announced the government's decision in Parliament, there was a loud uproar among the opposition MPs.

However, Shah reminded them that Article 370 has been amended in the past as well even as the government pushed the proposal through.

"This is not the first time, Congress in 1952 and 1962 amended Article 370 through similar process. So instead of protesting please let me speak and have a discussion, all your doubts and misunderstandings will be cleared, I am ready to answer all your questions," Amit Shah asserted.

In the epicentre of much controversy ever since it came into effect in through a special Presidential order in 1954, Article 370 allowed the state of Jammu and Kashmir a fair degree of autonomy and the freedom to have its own constituition, flag and the ability to take decisions on a range of internal matters excluding defence and foreign policy.

Apart from issue of autonomy, Article 370 also gives the state legislature other powers including the need of “concurrence of the state government” if the central government plans to make amendments to the list of concurrent subjects.

When the Pakistan Army invaded the erstwhile princely state of Jammu and Kashmir in 1947, Dogra ruler Maharaja Hari Singh - the last king of the region - decided to acede to India in exchange for military help.

The Maharaja had made a law that defined state subjects and their rights.

After J&K joined India through the instrument of accession signed by Hari Singh in October 1947, Sheikh Abdullah took over the reins from the Dogra ruler.

Sheikh Abdullah negotiated J&K's political relationship with New Delhi in 1949, which led to the inclusion of Article 370 in the Constitution.

Abdullah and Nehru signed the Delhi Agreement in 1952 under which several provisions of the Constitution were extended to J&K via presidential order in 1954. Article 35A was also made a part of the Constitution at this time.

Article 35A was added to the constitution through a Presidential order in 1954 with the concurrence of the then government of the state.

Article 35A empowers the Jammu and Kashmir assembly to define the "permanent residents" of the state and their special rights and privileges.

The separate constitution of Jammu & Kashmir was framed in 1956. It retained the Maharaja's definition of permanent residents of the state which included all persons born or settled in the state before 1911 or after having lawfully acquired immovable property resident in the state for not less than ten years or prior to that date.

The permanent resident law prohibits non-permanent residents from settling permanently in the state, acquiring immovable property, government jobs, scholarships and aid.

With the central government deciding to repeal Article 370 and Article 35A, the political landscape of the region is in for widespread changes.

Here are some of the effects which the centre's decision will have on the regions of Jammu, Ladakh and Kashmir valley.

1) Jammu and Kashmir will now become a union territory with legislature and Ladakh will be a union territory without legislature.

2) The state will lose its autonomous status.

3) This could be the end of the road for political parties in the state.

4) Indians from other states will now be able to buy land in Jammu, Kashmir or Ladakh and settle in these regions.

5) The central government will now be better equipped to deal with the separitist leaders and organisations in the Kashmir valley.

6) The residents of J&K will lose their double citizenship status. They will now solely become Indian citizens.

7) The separate constituition of J&K will be repealed.

News24 Bureau

Photo: Google Image

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