- Entire constitution will be applicable to J&K, said Amit Shah
- He quoted Article 370 (3) of the Constitution in Rajya Sabha
- The state assembly in Jammu and Kashmir was suspended in November
Home Minister Amit Shah was greeted by a standing ovation from his BJP colleagues when he entered the Rajya Sabha today to announce the far-reaching move to end special status for Jammu and Kashmir under Article 370 of the Constitution. Shouting above opposition protests, Amit Shah gave a detailed explanation on how his government had the power to do so.
"The entire constitution will be applicable to Jammu and Kashmir state," the Home Minister told the Rajya Sabha.
Amit Shah quoted Article 370 (3) of the Constitution to assert that the President of India can make the Article 370 inoperative under this provision.
He said that President Ram Nath Kovind has signed the official notification abrogating Article 370 and since the Jammu and Kashmir constituent assembly no longer exists and the state assembly stands dissolved, the powers of the assembly was with both houses of parliament.
"The President's order can be discussed and passed by both houses of Parliament," said Amit Shah.
The Home Minister said Clause 3 of Article 370 was such that the provision could be scrapped or amended and the President had the right to issue such a notification or constitutional order.
"We are adopting the same path as adopted by the Congress in 1952 and 1962 by amending the provisions of Article 370 the same way through a notification," Amit Shah said, as Samajwadi Party member Ram Gopal Yadav questioned whether changes can be made to the constitution without a Constitutional amendment.
The Home Minister said because there is no constituent assembly today, the assembly of Jammu and Kashmir enjoyed its rights. And as there is President's Rule in the state, the rights of the assembly are with the Lok Sabha and Rajya Sabha.
The state assembly in Jammu and Kashmir was suspended in November and governor's rule was imposed, so the government had the right to circumvent the clause that calls for the state assembly's approval for any changes to Article 370.