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WHAT IS J&K PRESIDENTIAL ORDER, 2019


Article 35A of the Constitution, which accords a special status to Jammu & Kashmir, was added to the Constitution through a Presidential Order — The Constitution (Application to Jammu and Kashmir) Order, 1954 — on May 14, 1954. It was included by exercising the powers conferred by the clause (1) of the Article 370, and with the concurrence of the government of the state of Jammu & Kashmir.
 
On August 5, 2019, Union Home Minister Amit Shah made a proposal in the Rajya Sabha to remove Article 370. Following the announcement, an Order was passed by President Ramnath Kovind. The order was called the Constitution (Application to Jammu and Kashmir) Order, 2019, which supersedes the Constitution (Application to Jammu and Kashmir) Order, 1954.
 
The 2019 order amends/adds certain clauses to Article 367. It adds the following clause:
 
"(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 recognised by the President on the recommendation of the Legislative Assembly of the state as the Sadar-i-Riyasat of Jammu & 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 & 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". 

J&K PRESIDENTIAL ORDER NEWS