We the Citizens of India adopted out constitution, in order to regulate ourselves in the orderly society of India. However, due to war hostilities initiated by the Pakistan in 1947, only two articles namely Article 1 and Article 370 were applied by the National Constituent Assembly and rest of the constitutional provisions were constitutionally assigned to the powers of the President of India to apply with modification or exception, as the President deems fit and appropriate.

 

 

 

The President being the executive head of the Union, on 14.05.1954, the President (Read the then Central Government) issued a Constitutional Order 1954 whereby Part III was modified in such a way that Article 35A was added to deny the fundamental rights of state employment, education, residence, right to vote in state assembly and local bodies, to all citizens of India whose ancestors had not settled in J & K in the period prior to 14.05.1944. This provision was nothing but a homage to ancestry and racial in nature. Thus the State Constitution was framed on the basis of Constitution Order 1954 (CO 1954) exclusively for those citizens and their heirs who had settled in J & K on or before this cut-off date 14.5.1944.

 

 

The Nationalist forces had been constantly raising voices against the misuse of Article 370 and the establishment of system of governance being in flagrant violations of Basic Tenets of the Constitution of India. With the new generation of 21st Century taking the advantages of communication joined to form a consensus amongst the People India against Article 370 and Article 35-A issued under C.O. 1954 and the system of governance under Article 35-A through the Constitution of J & K.

 

 

 

 

Firstly, the President issued the Constitution Order 272 Dated 05.08.2019 whereby the C.O. 1954 as mended from time to time, was completely withdrawn and the Constitution of India as it is applicable on date have been applied. Consequently, amongst other things, Article 35-A was withdrawn and the Proviso to Article 368 which had stifled the Parliament to make and apply any constitutional amendment in relation to the State was also withdrawn. Simultaneously the Constitution of India as it is in force today was applied in relation to the State of J & K.

 

 

 

 

 

Although, Under C.O. 272 dated 5.8.2019, the structural parts of State Constitution remained in force; Part III as such relating to Fundamental Rights have been applied. Article 35-A have withdrawn, Part XV relating to the Adult Suffrage namely right of every major to vote in State Assembly of J & K and political rights to contest elections, political reservations to SC and ST in State Assembly, Article 368 . Part have been applied and virtually there nothing remained in J K Constitution to regulate the business on substantive rights of citizens except to follow Indian Constitution.

 

 

 

 

 

 

 

 

 

 

 

 

There is no challenge to President Rule under Article 356, during the emergency, the legislative powers of the State Government stands transferred to Parliament. [See Proclamation of President] The Executive Powers of the State Government is co-extensive with the Legislative Powers, therefore, the Parliament statutory approval of the Second Notification CO 273 (Proposed at the time) in order to seek executive concurrence to C.O. 273 invoking Article 370(1) and legislative concurrence of Parliament to C.O. 273 invoking Article 370(3) has been correctly obtained by the President. Article 4 read with Article 239 of the Constitution of India empowers the President to reorganize any State and under Article 4, there is only requirement of President making a reference of the proposed Bill of Reorganization to State Legislature. For its view. Therefore, if the opinion or view of the State is not decisive or the view is not binding on the parliament, the statutory resolution by the legislative body which functions as the legislature during the period of emergency proclamation under Article 356 is sufficient compliance of Article 4 of the Constitution.

 

 

 

Since in the last 70 years, the State has been besieged by corruption, nepotism and terrorism. Therefore, in order to ensure meaningful sharing of fruits of economic, social and political justice amongst the Residents Citizens of J & K the financial assistance provided by the Central Government and to eradicate the menace of corruption and mal-administration prevalent in the State, the state needs to be constantly monitored for establishment of the ethos of the Constitution. Thus, the division of State and conversion of the State into 2 U.Ts. appears to be a viable and administratively sound proposition. All important aspect of public administration needs to be monitored centrally for a period of at-least 2-3 years. Thus the Bill and the Re-organization Act 2019.