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Indian Constitution will now apply in Kashmir

August 05, 2019 14:23 IST

President Ram Nath Kovind, in "concurrence" with the "Jammu and Kashmir government", promulgated Constitution (Application to Jammu and Kashmir) Order, 2019 on Monday which states that provisions of the Indian Constitution are applicable in the state. 

IMAGE: Army personnel stand guard in Jammu on Aug 5, 2019. Restrictions and night curfews were imposed in several districts of Jammu and Kashmir as the Valley remained on edge, with authorities stepping up security deployment. Photograph: PTI Photo

The President issued the Constitution (Application to Jammu and Kashmir) Order, 2019 which comes into force "at once", and shall "supersede the Constitution (Application to Jammu and Kashmir) Order, 1954". 

"All the provisions of the Constitution" shall apply in relation to the state of Jammu and Kashmir, it said. 

 

The government has added in the Article 367 of the Constitution a clause 4 which makes four changes. 

"Reference to this Constitution or to the provisions thereof shall be construed as references to the Constitution or the provisions thereof as applied in relations to Jammu and Kashmir," it said. 

The order said references to the person for the time being recognised by the President on the recommendation of the legislative assembly of the state as the Sadar-i-Riyasat of Jammu and Kashmir, acting on the advice of the council of ministers of the state for the time being in office, shall be construed as references to the governor of Jammu and Kashmir. 

References to the governor of Jammu and Kashmir shall be construed as including references to the governor of Jammu and Kashmir acting on the advice of his council of ministers, it said. 

In proviso to clause (3) of Article 370 of this Constitution, the expression "Constituent Assembly of the State referred to in clause (2)" shall read "legislative assembly of the state", it said.

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