The President of India in the exercise of the powers conferred by Article 370(1) of the Constitution and with the concurrence of the Government of State of Jammu & Kashmir promulgated the Constitution (Application to Jammu & Kashmir) Order 2019 on 05th August 2019. It states that all the provisions of the Indian Constitution are applicable to the State of Jammu & Kashmir.
The Constitution (Application to Jammu & Kashmir) Order 2019, shall come into force “at once”, and shall supersede the Constitution (Application to Jammu & Kashmir) Order 1954.
As per the Gazette published by the Ministry of Law and Justice, Clause (4) in Article 367 has been added which positions the state of Jammu & Kashmir as:
- The order mentioned that 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;
- The order further 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 the 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”.
The Government has also proposed to bifurcate the state into two Union territories – Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a legislature.