The Rajya Sabha on Monday gave nod to the abrogating of the special status given to the state of Jammu and Kashmir under Article 370 of the Indian Constitution. It gave a limited provision of jurisdiction to parliament over the state. But with repealing of the same Article using the ‘interpretations’, Jammu and Kashmir is no more given the special privilege. Rather the revoking of the article gives complete authority to the parliament to impose laws in the state. The bill to create two union territories was passed in the house by 370 votes in favour against the 70 votes that were not in favour.

Master stroke

As per the constitution order of 1954, the special measures that apply to the state of Jammu and Kashmir can be altered only by the recommendation of ‘Sadar-i-riyasat’. It acts on the advice of ‘Constituent Assembly’ of that state. As of now, there is no Constituent Assembly in the state. Also, the president has the powers to decide which all provisions can be applied to the state of Jammu and Kashmir with aid of State Government’s concurrence.

Playing with words

A presidential order issued under the Article 370(1) of the Indian Constitution reads, “With the concurrence of the government of the state of Jammu and Kashmir”. The clause in the above stated article enables the president to take decisions with concurrence of the state government. Presumably the fact that the Governor who is currently administering the state under the president’s rule, has given his concurrence on behalf of the state government.

The order superseded the order of 1954 leaving the separate constitution for the state of Jammu and Kashmir abrogated. It implies that the orders that are prevalent in other Indian states shall imply to Jammu and Kashmir as well.

Insightful implementations

To completely scrap the Article 370, some special clauses were added to the Article 367 of the Indian Constitution implying towards “interpretations”. It is guidance about how to read or interpret some provisions. According to the new clause, all references to the ‘Sadar-i-riyasat’ acting on the aid and advice of the Council of ministers will mean reference to the governor of the state.

In a provision to Article 370 (3), the ‘Constituent assembly’ shall be read as ‘Legislative Assembly of the State’. This forms the base for the statement which states that President can dysfunction the working of Article 370, only on the recommendation of constituent assembly. Since there is no constituent assembly in existence, there is no body to alter the repealing of Article 370.

Factual Display

The foreground used here is the fact that Jammu and Kashmir comes under the president’s rule and the parliament plays the role of the legislative assembly.

Therefore, when Union Home Minister Amit Shah introduced the two resolutions, Parliament was supposedly acting on the State governments/Assembly’s recommendation. In the words of Shri Narendra Modi, “Together we are, together we shall rise and together we will fulfil the dreams of 130 crore Indians!”