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
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.
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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Assembly Debates
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