PRESS INFORMATION BUREAU GOVERNMENT OF INDIA
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Government brings Resolution toRepeal Article 370 of the Constitution
Shri Amit Shah introduces Jammu and Kashmir (Reorganisation) Bill, 2019
President issues Constitution (Application to Jammu and Kashmir) Order 2019
Jammu & Kashmir Reservation (2nd Amendment) Bill, 2019 introduced in Rajya
Sabha
All of the above passed in Rajya Sabha unanimously
New Delhi, August 5, 2019
UnionMinister for Home Affairs, Shri Amit Shah, introduced two bills and two resolutions
regarding Jammu & Kashmir (J&K) today. These are as follows:
1. 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.
2. Resolution for Repeal of Article 370 of the Constitution of India {Ref. Article 370
(3)}
3. Jammu & Kashmir (Reorganisation) Bill, 2019 {Ref. Article 3 of Constitution of
India}
4. Jammu & Kashmir Reservation (2nd Amendment) Bill, 2019
Announcing a path breaking decision by the Government, Shri Shah said that the
Government is moving a resolution which would repeal the provisions under Article 370 of
the Constitution of India,whichgranted a special status to the state of J&K. The provisions of
Article 370 would cease to exist from the date President of India issues a notification in this
regard, after the recommendation of the Parliament. Consequently, the Constitution of India
would get applicable to J&K, on par with other states/UTs of the country, the Minister added.
Responding to apprehensions on the resolution and the future of J&K,Shri Shah said,“I would
just say that the bill that the Government is bringing is historic. Article 370 has prevented
J&K to merge with India rather than being a basis of its merger. The politics of vote bank has
looted the youth of the state for over 70 years. I would call on the opposition members to
debate and discuss on why the benefits of development were not allowed to reach the
common people of J&K till now. Politics of religion must be avoided at all costs. Article 370
is equally harmful for people of all religions”, the Minister said.
Further, the Minister termed the provisions of Article 370 as discriminatory on the basis of
gender, class, caste and place of origin. The youth is being taken for a ride by the political
elite. This provision was temporary in the first place and it has to go in the larger interest of
the people of J&K, he added.
Under article 370(3), there is a provision that President, on recommendation of the
Parliament, has the power to amend or cease the implementation of article 370,through a
public notification. This has already happened on a number of occasions in the past. The
Home Minister pointed out to the opposition that everyone knows how the article 370 is
hampering the development of the people of the state.
Shri Shah said that post the repeal of the Article 370, doors to private investment in J&K
would be opened, which would in turn increase the potential for development there. Increased
investments would lead to increased job creation and further betterment of socio-economic
infrastructure in the state. Opening of buying of lands would bring in investments from
private individuals and multinational companies and give a boost to the local economy, as
opposed to the apprehensions raised by those opposing this historic step, he added.
Home Minister remembered the martyrdom of civilians and soldiers who have lost their lives
during 1989-2018. He said that had article 370 would not been there, these people wouldn't
have lost their lives.Refugees who came from Pakistan after partition did not get citizenship
till now. They cannot become councillors in the state. This has been a historical injustice to
these people. As opposed to this, in rest of India two Prime Ministers were elected from those
refugees.
Shri Shah said because of article 370, democracy never took root in J&K, corruption
flourished, widespread poverty took root and no socio-economic infrastructure could come
up. It is the root cause of terrorism. Further, 73rdand 74thAmendments to the Constitution
could not be applied to J&K due to article 370. Panchayat and NagarPalika elections could
not be held. Who is responsible for taking away democratic rights of the people of J&K
which were available to other citizens of India? It was Article 370.Panchayat elections
recently held were conducted successfully and peacefully. The people want democracy and
not bloodshed., the Minister said.
Talking about economic backwardness in J&K, Shri Shah said article 370 impedes people
from outside the state to do business there. Absence of economic competition has prevented
development and corruption flourished.Land prices are at a rock bottom because no one can
buy land there. No industry, including tourism, is allowed to flourish there. People remain
poor in perpetuity despite presence of abundant economic opportunities for the local
populace. Rampant corruption is present, thus preventing external investment in the state.
Home Minister said, “I want to tell the Kashmiri youth that article 370 holds no benefits for
them. It would only benefit a few elite people who want to keep the youth poor for ever and
corner all benefits for themselves. Despite so much funds being provided by the Centre,
where are the educational and health facilities? Those who support article 370 must know that
this article prevents professionals from outside the state to settle down in the state and hence
no one wants to go there. Now, the moment this resolution is passed and article 370 is
removed, each child would get right of education and each patient would get free health care
under Ayushman Bharat.”
Further addressing the Kashmiri youth, Home Minister said, “We want to embrace the youth
of J&K and give them flourishing opportunities of employment. Even the separate bill for
reservation for economically backward classes would not be required if the resolution is
passed in both houses as the provision will get automatically applied to J&K, as in rest of
India”.
Talking about terrorism, Shri Shah said that the youth has been misguided to pursue jihad on
Pakistan's nefarious designs. Thousands of civilians have died. Why? It has been a stated
policy of Pakistan to support article 370 and keep the youth away from getting into the
mainstream of development and brain wash them into jihad. All the political parties with
separatist ideology have vested interests to continue article 370. Their children do not get
killed in the blood shed caused due to terrorism, hence support the article.
Rebutting the apprehension that removing article 370 would destroy Kashmiri culture, Shri
Shah said that all states have preserved their culture and language after becoming a part of the
Union of India. How does article 370 protect JK on this aspect, he asked. It is only and only a
political propaganda that has blinded the youth of Kashmir into believing it for 70 years.“I
assure the youth of JK that give this government 5 year and it will become the most
progressive region in the country”, the Minister said.
Daughters of the state marrying outside the state lose their rights to property. It is so
discriminatory to the women and their children. SC and ST people have been discriminated
against and have been deprived of reservation to political offices. Despite knowing this a few
people have been perpetuating this article only for their political gains, the Minister said.
Shri Shah assured the House that if the Union Territory model works well, our government
would also consider giving J&K the status of state again. No constitutional amendment would
be required.
J&K would become a true part of India in letter and spirit once article 370 is removed. The
path to solution to all the problems of Kashmir goes through the repealing of article 370. This
step would stand strong and would pass the test of legal scrutiny. Article 370was a temporary
and transient provision, it had to go. It only required political will, which only the present
government had. “I give a heartfelt appeal to all political parties to rise above political
considerations to join hand with the government to remove article 370. The country wants
this united as one”, the Minister concluded, after which all the resolutions and bills relating to
J&K were passed.
Shri Amit Shah also introduced the Jammu and Kashmir (Reorganisation) Bill, 2019 making
Jammu & Kashmir a Union territory with a Legislative Assembly,along with Union Territory
status to Ladakh without a Legislative Assembly. Further, the Jammu & Kashmir Reservation
(2nd Amendment) Bill, 2019 to amend the Jammu & Kashmir Reservation Act 2004 was also
introduced. This bill seeks to extend the 10% quota to economically weaker sections of
society in J&K in jobs and educational institutions. Both the bills were passed by Rajya
Sabha unanimously.
https://mha.gov.in/sites/default/fil...s_06082019.pdf
