Inspiration from Constituent Assembly Debates for removal of Article 370










Inspiration from Constituent Assembly Debates  for removal of Article 370 of Constitution of India


CONSTITUENT ASSEMBLY OF INDIA DEBATES (PROCEEDINGS) -
VOLUME X
Monday, the 17th October, 1949

Inspiration from Constituent Assembly Debates  for removal of Article 370 of Constitution of India
The Honourable Shri N. Gopalaswami Ayyangar:

......The effect of this article is that the Jammu and Kashmir State which is now a part of India will continue to be a part of India, will be a unit of the future Federal Republic  India and the Union Legislature will get jurisdiction to enact laws on matters specified either in the Instrument of Accession or by later addition with the concurrence of the Government of the State. And steps have to be taken for the purpose of convening a Constituent Assembly in due course which will go into the matters I have already referred to. When it has come to a decision on the different matters it will make a recommendation to the President who will either abrogate article 306A (370)or direct that it shall apply with such modifications and exceptions as the Constituent Assembly may recommend. That, Sir, is briefly a description of the effect of this article, and I hope the House will carry it.


   Repeal of Article 35 A  and Article 370
Notification
Dated 14,5,1954
Notification
Dated  5th August, 2019
THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER,
1954
THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 2019


In exercise of the powers conferred' by clause(l) of article 370 of the Constitution, the President, with the  concurrence of the Government of the State of Jammu  and Kashmir, is pleased to make the following Order :

1  (1) This Order nay be called the constitution(Application to Jammu and Kashmir ) Order, 1954.

 2 It shall come into force on the fourteenth day of May, 1954 and shall thereupon supersede the Constitution (application to Jammu and Kashmir.) Order, 1950.
In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of State of Jammu and Kashmir, is pleased to make the following Order:—

1. (1) This Order may be called the Constitution (Application to Jammu and Kashmir) Order, 2019.

(2) It shall come into force at once, and shall thereupon supersede the  Constitution (Application to Jammu and
Kashmir) Order, 1954 as amended from time to time.


The Jammu and Kashmir Reorganisation Act, 2019.
The Indian Independence Act, 1947
The Constitution of India
The Jammu and Kashmir Reorganisation Act, 2019.
1.-(i) As from the fifteenth day of August, nineteen hundred The new and forty-seven, two independent Dominions shall be set up in Dominions. India, to be known respectively as India and Pakistan.
 (2) The said Dominions are hereafter in this Act referred to as the new Dominions ", and the said fifteenth day of August is hereafter in this Act referred to as " the appointed day ".
Article 4
Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters

Art 4(2). No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.
Comment: Hence simple majority enough for passing of  The Jammu and Kashmir Re organisation  Act, 2019
2. In this Act, unless the context otherwise requires,—
(a) “appointed day” means the day which the Central Government may, by
notification in the Official Gazette, appoint;

"In exercise of the powers conferred by clause (a) of section 2 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), the central government hereby appoints the October 31, 2019, as the appointed day for the purposes of the said Act,"
Section 20. This Act may be cited as the Indian Independence Act, 1947.
Section 1. This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.







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