Article 370 scrapped, Read Notification. The Constitution (Application to Jammu and Kashmir) Order 2019

Article 370 scrapped, Read Notification/Presidential Order-The Constitution (Application to Jammu and Kashmir) Order 2019. 

MINISTRY OF LAW AND JUSTICE
(Legislative Department)

NOTIFICATION

New Delhi, the 5th August, 2019

G.S.R .551(E).— the following Order made by the President is published for general information:-

THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 2019

C.O. 272

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.

2. All the provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu and Kashmir and the exceptions and modifications subject to which they shall so apply shall be as follows:—

To article 367, there shall be added the following clause, namely:—

“(4) For the purposes of this Constitution as it applies in relation to the State of Jammu and Kashmir—

(a) references to this Constitution or to the provisions thereof shall be construed as references to the Constitution or the provisions thereof as applied in relation to the said State;

(b) references to the person for the time being recognized 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;

(c) references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers; and

(d) 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”.”

RAM NATH KOVIND,
President.

[F. No. 19(2)/2019-Leg.1]
Dr. G. NARAYANA RAJU, Secy.

Download Order Click Here >>

Note: Hon’ble Home Minister of India Amit Shah introduced the above said Bill to remove Article 370 of the Constitution of India which gave special status to the state of Jammu and Kashmir. The Minister also laid a bill proposing re-organisation of Jammu and Kashmir to make Jammu & Kashmir a Union Territory with Legislature (i.e. with a Chief Minister and a Lt. Governor) and Ladakh a Union Territory without Legislature.

• Bulk entries passed in books of accounts cannot be said to be entirely bogus expenses – ITAT
• CIT(A) exceeded his legal brief directing verification of receipts before granting TDS
• Rectification order u/s 154 quashed by High Court, CPC directed to give Foreign Tax Credit
• Prosecution u/s 276B – Trial Court directed to consider Immunity in terms of CBDT circular
• Surrender during survey on account of low GP rate not taxable to higher rate u/s 115BBE

addition u/s 68 ca misconduct cash deposit in bank cbdt circular CBDT Instruction cbdt notification cbdt order cbdt press release cgst circular cgst notification cit revision 263 concealment penalty covid-19 custom circular demonetisation due date extension e-way bill faq GST circular GST Council Meeting gst faq gstn advisory gstr-1 GSTR-3B GST rates IBBI ibc icai announcement income tax prosecution itat mca circular MCA notification order u/s 119 penalty 271(1)(c) penalty u/s 271(1)(c) Press Release reasons recorded reopening 148 Reopening us 147 Search & Seizure sebi circular transfer and postings unexplained cash credits validity of notice u/s 148 Withdrawal of 2000 500 Bank Notes