Jammu And Kashmir Reorganization Bill, 2019 Tabled Before Lok Sabha

After being passed in the Rajya Sabha with a majority of 125 to 61 yesterday, the Jammu and Kashmir Reorganization Bill, 2019 has been presented before the Lok Sabha by the Home Minister Amit Shah, this morning.

He reiterated that the central government was empowered to legislate on the said bill, based on the following legal position:

1. The state of J&K is an indispensable part of India. The same was reflected from Entry 15 of Schedule I of the Constitution which entails a list of states belonging to the country, in consonance with Article 1 of the Constitution. He added that as per Article 3 of the Constitution of J&K also, the state is a part of India.

2. The President, by virtue of Article 370(3) was empowered to cease the operation of Article 370. The same power was exercised by the President in passing the Constitution (Application to J&K) Order, 2019. However, as per the proviso to Article 370(3) this order of the President requires concurrence of the Constituent Assembly of J&K.

The Home Minister explained that since the state is presently under the President's rule under Article 356 of the Indian Constitution, the Parliament was vested with the powers otherwise exercisable by the Legislature of the state. Thereby, in view of Article 356(b), the Parliament was well within its powers to legislate on this bill.

The Home Minister also stated that when he says J&K, he includes the Pakistan occupied Kashmir and Aksai Chin region as the same is an integral part of J&K as per both Indian and Kashmiri Constitution.

Opposing the bill, MP Manish Tiwari seized the nettle arguing that the bill could not be passed without consonance of the J&K Constituent Assembly. He further stated that the bill was silent as to what shall happen to the Constitution of Kashmir in case it was passed and this fact in itself evidences that the bill was framed without application of mind.

The bill is still under consideration before LS and its fate is expected to be decided by the end of the day.