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Downsizing Kashmir Live Blog with all the Elements with Key Events

The Modi government 'dilutes' Article 370 to strip Kashmir of its special status and biufurcates J&K into two Union Territories. https://www.youtube.com/watch?v=EW2Jv51JmUI Will it make or break the troubled region?
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THE LEGAL TANGLE Congress spokesperson Abhishek Manu Singhvi called the dilution of Article 370 "a legally flawed but politically astute move". What the Modi-led BJP government has done is to use a 'kill switch' in Article 370 to render it null and void. So on August 5, when home minister Shah rose in the Rajya Sabha to inflict the most decisive blow to the autonomy of J&K, he did not move any bill to amend the Constitution. Inst­ead, he achieved what he had set out to through a presidential order-the Constitution (Application to Jammu and Kashmir) Order, 2019, which sup­ersedes the Constitution (Application to Jammu and Kashmir) Order, 1954. The presidential order, which comes into effect immediately, has removed the special status accorded to the state of J&K under Article 370 in Part XXI (Temporary, Transitional and Special Provisions) of the Constitution of India. By extension, Article 35A has also been repealed, as it stems from Article 370, having been introduced through a presidential order in 1954. But can Article 370, which has remained the framework of legislative and executive governance of J&K for 70 years, be made inoperative by just a presidential order?

This, in effect, renders Article 370 null and void for all practical purposes, even if it is not repealed. While the government seems to have tackled the 'consent' of the non-existent Constituent Ass­embly of Jammu and Kashmir, constitutional experts have questioned the validity of inserting a new clause in Article 367 as it amounts to a constitutional amendment. It violates Article 368, which mentions that an amendment to the Constitution can be done by introducing a bill in Parliament and getting it passed in both the houses by a majority of two-third of the members present and voting. "Rather than anything relating to either Article 370 or the bifurcation of the state of Jammu and Kashmir, it is this move that really seems to call the presidential notification into question and appears to be the cardinal legal flaw. How can Article 367 be amended to include a new provision without a constitutional amendment?" asked Madhav Khosla, a junior fellow at the Harvard Society of Fellows, in a column.

On the morning of August 5, locals in Jammu and Kashmir woke up to a communications blackout and a curfew. While they were asleep, signal bars on mobile phones vanished and the internet was turned off.In a first in recent years, landlines too were severed. India's northernmost state, it seemed, had travelled back in time. Thousands of paramilitary personnel, most of whom had been flown in on giant IAF C-17 heavy-lift aircraft in several waves over the past few days, fanned out into the streets to enforce the curfew.Ten days before the 72nd anniversary of India's midnight 'Tryst with Destiny', the stage was being set for another tectonic shift: the 'dilution' of Article 370 of the Indian Constitution and the bifurcation of J&K to create two Union territories-Jammu & Kashmir and Ladakh.The passage of the J&K Reorganisation Bill by Parliament on August 6 means India now has 28 states and nine Union territories. It is the first time a state in the country has been turned into a Union territory.

Article 370 was a 'temporary provision' included in the Constitution on October 17, 1949. It exempted J&K from the Indian Constitution and permitted the state to draft its own constitution. Its dilution has done away with all of the erstwhile state's special powers, including that of the state legislature to draft its own laws on all subjects other than communications, defence and foreign affairs. Gone also are J&K's own constitution, flag and penal code. The air had been thick with speculation over the preceding days. On August 4, the Amarnath Yatra was abruptly called off and pilgrims and tourists told to leave the Valley. The trigger was said to be the discovery of a terrorist plot to attack the pilgrimage. Journalists were shown a US-made sniper rifle, an IED and hand grenades as evidence of malevolent intent. Firing resumed along the Line of Control (LoC) with Pakistan, with the Indian Army using 155 mm Bofors howitzers-among the rare instances of the use of this heavy calibre along the LoC since the 1999 Kargil war. There was also an encounter, with the army claiming that five men of the Pakistan Border Action Team, or BAT, had been shot dead in the Keran sector. They wanted Pakistan to take the bodies back.

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