Today the government moved a resolution in the Rajya Sabha to repeal Article 370 of the Constitution which accords special status to Jammu and Kashmir. The Hon’ble Home Minister also introduced the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 in Rajya Sabha which seeks to extend the 10 percent quota to economically weaker sections to the state, which has special constitutional provisions. After the bill is passed by the Parliament, all residents of the state with income below Rs 8 lakh per annum would benefit from a ten percent quota.

The Union Home Minister Amit Shah moved a proposal to remove Article 370 in the Rajya Sabha on Monday and announced in the Rajya Sabha that Article 370, which accords special status to Jammu & Kashmir, will be revoked from the day of the President’s assent. The first step towards this proposal is the passing of ‘The Constitution (Application to Jammu and Kashmir) Order, 2019. This order will supersede ‘The Constitution (Application to Jammu and Kashmir) Order, 1954’ as amended from time to time. It has made the following changes in Article 367 of the Indian Constitution.

Article 367 of the Indian Constitution reads as follows:

Interpretation

1. Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under Article 372, apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India
2. Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, or made by, the Legislature of a State, shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor, as the case may be
3. For the purposes of this Constitution foreign State means any State other than India: Provided that, subject to the provisions of any law made by Parliament, the President may by order declare any State not to be a foreign State for such purposes as may be specified in the order PART XX AMENDMENT OF THE CONSTITUTION.

The presidential order has added an additional clause(4) to the Article 367 of the Constitution:

4. For the purposes of this Constitution as it applies in relation to the State of Jammu and Kashmir
   1. References to this Constitution or to the provisions thereof shall be construed as references to the Constitution or the provisions thereof as applied in relation to the said State;
   2. references to the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadar-i-Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office, shall be construed as references to the Governor of Jammu and Kashmir;
   3. references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers; and
   4. in provision to clause (3) of Article 370 of this Constitution, the expression “Constituent Assembly of the State referred to in clause (2)” shall read “Legislative Assembly of the State.” ’The Constitution (Application to Jammu and Kashmir) Order, 1954’ enacted Article 35 A of the Indian constitution which is now superseded by The Constitution (Application to Jammu and Kashmir) Order, 2019.