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Article 370 scrapped, state bifurcated in two UTs: J&K with Assembly, Ladakh without

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Amit Shah

[vc_row][vc_column][vc_column_text]The unprecedented troops build up and clampdown in Jammu and Kashmir over the last few days came to a dramatic denouement today, Monday, August 5, with Narendra Modi government scrapping Article 370 of the Constitution that gave the state a special status.

The move, that evoked sharp reactions from many as well as fulsome praise from others, also proposed bifurcation of the state into two union territories, Jammu and Kashmir and Ladakh. While J&K would have a Legislative Assembly like Delhi and Puducherry, Ladakh would not have an Assembly – like Chandigarh, Andaman & Nicobar, Daman & Diu, Dadra & Nagar Haveli and Lakshadweep.

This has been on the agenda of BJP and Sangh parivar right from the start, from the time Article 370 was drafted in 1947.

Today, Home Minister Amit Shah has moved a resolution seeking to introduce a Bill revoking provisions of Article 370.

Before this announcement, PM Narendra Modi called up NDA allies. A presidential order has withdrawn the 1954 order applying provisions of the Constitution to Jammu and Kashmir with modifications. A gazette notification to the effect was issued.

Shah said that President Ram Nath Kovind had signed an order that would come into force “at once”.

“The president on the recommendation of Parliament is pleased to declare as from 5th of August 2019, all clauses of the said Article 370 shall cease to be operative… ,” stated the resolution moved by the Home minister.

The announcement came after Prime Minister Narendra Modi held a meeting of his cabinet at his house this morning.

In addition, Home Minister Amit Shah also introduced a Bill bifurcating the State of Jammu of Kashmir into Union Territory of Ladakh and the Union Territory of Jammu and Kashmir.

Jammu and Kashmir will also be “reorganised,” said the Home Minister, with the state’s bifurcation into two union territories, Jammu and Kashmir and Ladakh, the former with a legislature and the latter without one.

Also Read: Union Home Ministry asks states to put security forces on high alert

The Jammu and Kashmir Reorganisation Bill, which is expected to be passed in Rajya Sabha today, will be brought to Lok Sabha tomorrow.

BSP, BJD, YSRCP, Shiv Sena, AAP have extended support to the government’s move while Congress, TMC, DMK, MDMK and JD(U) have opposed the Bill till now.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1565004127423{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #b5b5b5 !important;border-radius: 10px !important;}”]

Article 370

Clause 7 of the Instrument of Accession signed by Maharaja Hari Singh declared that the State could not be compelled to accept any future Constitution of India. The State was within its rights to draft its own Constitution and to decide for itself what additional powers to extend to the Central Government. The Article 370 was designed to protect those rights.

According to the constitutional scholar AG Noorani, the Article 370 records a ‘solemn compact’. Neither India nor the State can unilaterally amend or abrogate the Article except in accordance with the terms of the Article.

Article 370 embodied six special provisions for Jammu and Kashmir:

It exempted the State from the complete applicability of the Constitution of India. The State was allowed to have its own Constitution.

Central legislative powers over the State were limited, at the time of framing, to the three subjects of defence, foreign affairs and communications.

Other constitutional powers of the Central Government could be extended to the State only with the concurrence of the State Government.

The ‘concurrence’ was only provisional. It had to be ratified by the State’s Constituent Assembly.

The State Government’s authority to give ‘concurrence’ lasted only until the State Constituent Assembly was convened. Once the State Constituent Assembly finalised the scheme of powers and dispersed, no further extension of powers was possible.

The Article 370 could be abrogated or amended only upon the recommendation of the State’s Constituent Assembly.

Once the State’s Constitutional Assembly convened on 31 October 1951, the State Government’s power to give `concurrence’ lapsed. After the Constituent Assembly dispersed on 17 November 1956, adopting a Constitution for the State, the only authority provided to extend more powers to the Central Government or to accept Central institutions vanished. Noorani states that this understanding of the constitutionality of the Centre-State relations informed the decisions of India till 1957, but that it was abandoned afterwards. In subsequent years, other provisions continued to be extended to the State with the ‘concurrence’ of the State Government.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Anticipating trouble, the centre has moved 8,000 paramilitary troops from different parts of the country to Kashmir, said reports.

The government’s step comes after a massive build-up of troops in the sensitive Kashmir Valley and a night where senior leaders including former Chief Ministers Omar Abdullah and Mehbooba Mufti were placed under house arrest.

Internet and phone lines have been forced out of service in parts of Jammu and Kashmir. Thousands of paramilitary troops have been sent to Kashmir after the government said it was cancelling the Amarnath Yatra, an annual pilgrimage, and asked tourists and outsiders to leave the state.

All educational institutions and offices are closed and groups have been banned from gathering in Kashmir and Jammu.

The announcement led to an uproar.

Former Attorney General Soli Sorabjee said it is not a wise decision taken by the Central government.

“I don’t think there is anything revolutionary here. It’s a political decision, even though it is not a wise decision,” Sorabjee told ANI.

Sorabjee also stated that it was “very unpleasant” to allegedly house arrest PDP chief Mehbooba Mufti and National Conference leader Omar Abdullah. “I think it’s very unnecessary. If not unnecessary, it is very unpleasant. It sent a wrong signal to the people of Kashmir. I don’t think it was so necessary to put them under the house arrest,” he said.

PDP chief and former Jammu and Kashmir chief minister Mehbooba Mufi said India had failed Kashmir in keeping its promises.

She said the government’s unilateral decision “to scrap Article 370″ is illegal and unconstitutional.

It will make India an occupational force in Jammu and Kashmir, Mehbooba said on Twitter.

“It will have catastrophic consequences for the subcontinent. GOIs intentions are clear. They want the territory of J&K by terrorising its people. India has failed Kashmir in keeping its promises,” Mehbooba, under house arrest in Srinagar, said on Twitter.

“Not sure how long I’ll be able to communicate. Is this the India we acceded to?” she asked.

National Conference leader Omar Abdullah echoed her outrage, also labelling the government’s move “unilateral”.

“Government of India (GOI)’s unilateral and shocking decisions today are a total betrayal of the trust that the people of Jammu & Kashmir had reposed in India when the state acceded to it in 1947. The decisions will have far-reaching and dangerous consequences. This is an aggression against people of the State as had been warned by an all-parties meeting in Srinagar yesterday,” he said.

The government, he said in a statement, had resorted to “deceit and stealth” to lay the ground for these disastrous decisions.

“Those of us who gave democratic voice to the people of Jammu & Kashmir, are incarcerated as lakhs of armed security personnel have been put on the ground… A long and tough battle lies ahead. We are ready for that,” he said.

In BJP and its allies, the mood was triumphant.

Senior BJP leader and former finance minister Arun Jaitley called it a monumental decision towards national integration.

His party colleague Ram Madhav also hailed the decision. “What a glorious day. Finally the martyrdom of thousands starting with Dr Shyam Prasad Mukherjee for complete integration of J&K into Indian Union is being honoured and the seven decade old demand of the entire nation being realised in front of our eyes; in our lifetime. Ever imagined?” he tweeted moments after Shah’s announcement.

Party spokesperson Shahnawaz Hussain said the move had opened the path of growth and development for Jammu and Kashmir.

Congress leader Ghulam Nabi Azad, calling it a dark day” in Indian democracy, said, “The BJP is drunk on power and the government acted like thieves in the night. Article 370 has been scrapped to help BJP get more votes. We had never thought that the state of Jammu and Kashmir would be destroyed this way.  BJP has wiped out Jammu and Kashmir’s identity and destroyed democracy. They’ve cut off head of the country. The party is playing with the integrity of the state.”

NCP leader Sharad Pawar told news agency ANI: “I think Govt of India should have taken them (leaders of the valley) into confidence which unfortunately the govt didn’t do. And then they should have taken the decision (to revoke 370).”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

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BJP, Thackerays or Pawars: Maharashtra civic body poll results awaited today

Counting of votes for 29 municipal corporations in Maharashtra, including the key BMC and Pune civic bodies, begins today, with BJP, Thackerays and Pawars awaiting crucial results.

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The political balance in Maharashtra’s urban centres will become clearer today as votes are counted for elections to 29 municipal corporations across the state. The results are keenly awaited amid high-stakes contests involving the BJP, the Thackeray cousins and the reunited Pawar factions.

Polling was held for 2,869 seats across 893 wards, with 3.48 crore eligible voters deciding the fate of 15,931 candidates. Counting is scheduled to begin at 10 am.

Mumbai and Pune in sharp focus

All eyes are on Mumbai, where the contest for the Brihanmumbai Municipal Corporation (BMC) has drawn statewide attention. Shiv Sena (UBT) chief Uddhav Thackeray and Maharashtra Navnirman Sena chief Raj Thackeray joined hands after more than two decades in a bid to reclaim control of the country’s richest civic body.

The BMC, which has an annual budget of over Rs 74,400 crore, went to polls after a nine-year gap, following a four-year delay. A total of 1,700 candidates contested the 227 seats.

Exit polls suggest a strong performance by the BJP–Shiv Sena (Eknath Shinde faction) alliance in Mumbai. An aggregate of multiple surveys projects the ruling alliance ahead, with the Shiv Sena (UBT) and allies trailing, while the Congress is expected to secure a limited number of seats. Exit polls have also indicated possible voting consolidation among Maratha and Muslim voters behind the Thackeray-led alliance, while women and young voters may tilt towards the BJP.

The last BMC election in 2017 saw the undivided Shiv Sena retain control of the civic body it had dominated for decades.

In Pune, the spotlight is on the unusual alliance between rival NCP factions led by Ajit Pawar and Sharad Pawar. Exit polls indicate the BJP could emerge as the largest party in the Pune Municipal Corporation (PMC), with both NCP factions and the Shiv Sena also expected to secure a share of seats.

Statewide counting underway

Apart from Mumbai and Pune, counting will take place in several other key municipal corporations, including Thane, Navi Mumbai, Kalyan-Dombivli, Nagpur, Nashik, Pimpri-Chinchwad, Mira-Bhayandar, Vasai-Virar, Solapur, Kolhapur, Amravati, Akola, Jalgaon, Malegaon, Latur, Dhule, Jalna, Sangli-Miraj-Kupwad, Nanded-Waghala, Chandrapur, Parbhani, Panvel, Bhiwandi-Nizampur, Ulhasnagar, Ahilyanagar and Ichalkaranji.

With major parties treating these civic polls as a referendum on their urban appeal ahead of future state and national elections, today’s results are expected to shape Maharashtra’s political narrative in the months to come.

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Supreme Court flags risk of lawlessness, pauses FIRs against ED officers in Bengal case

The Supreme Court paused FIRs against ED officers in the Bengal I-PAC raid case, warning that obstruction of central probes could lead to lawlessness and seeking responses from the Centre and state.

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Supreme Court

The Supreme Court on Wednesday delivered a sharp rebuke to the Mamata Banerjee-led West Bengal government, pausing FIRs lodged against officers of the Enforcement Directorate over searches linked to political consultancy I-PAC. The court said the case raises serious questions about interference in investigations and warned that failure to address them could lead to “lawlessness”.

A bench of Justice Prashant Mishra and Justice Vipul Pancholi sought replies from the Ministry of Home Affairs, the Department of Personnel and Training, Chief Minister Mamata Banerjee and the Trinamool Congress government on the ED’s plea. The central agency has also sought the suspension of Bengal Director General of Police Rajeev Kumar and Kolkata Police Commissioner Manoj Kumar Verma, and a probe by the CBI. The matter will be heard next on February 3.

The ruling follows a standoff between the ED and the Bengal government after the agency conducted searches at premises linked to I-PAC, which manages election campaigns for the Trinamool Congress, in connection with a corruption case.

Court questions obstruction of central probes

Recording its prima facie view, the Supreme Court said the petition raised a “serious issue” concerning investigations by central agencies and possible obstruction by state authorities.

“There are larger questions which emerge and if not answered shall lead to lawlessness. If central agencies are working bona fide to probe a serious offence, a question arises: Can they be obstructed by party activities?” the bench observed.

Earlier in the day, the court also expressed disturbance over scenes of chaos in the Calcutta High Court during a hearing related to the same dispute.

ED alleges interference, seeks action against top cops

The Enforcement Directorate accused the West Bengal administration of interfering with its searches and investigation. Appearing for the agency, Solicitor General Tushar Mehta alleged that evidence was removed from the residence of an I-PAC co-founder and argued that such actions could encourage state police officers to aid and abet obstruction. He sought suspension of senior police officials.

Describing the disruption in the Calcutta High Court on January 9, Mehta called it “mobocracy”, saying a group of lawyers unconnected to the case disrupted proceedings, forcing an adjournment. The bench asked whether the high court had been turned into a protest site, to which Mehta responded that messages had circulated calling lawyers to gather at a specific time.

Banerjee’s counsel defends move, cites election confidentiality

Senior advocate Kapil Sibal, appearing for Mamata Banerjee, questioned the timing of the ED’s presence in Bengal ahead of Assembly elections. He said the last development in the coal scam case dated back to February 2024 and argued that I-PAC handled election-related work under a formal contract with the Trinamool Congress.

According to Sibal, election data stored at the premises was confidential and critical to campaign strategy. He said the party leadership had a right to protect such information.

Representing the Bengal government and the DGP, senior advocate Abhishek Singhvi referred to the January 9 disruption but argued it could not justify parallel proceedings in different courts. The bench responded that emotions “cannot go out of hand repeatedly”.

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Shashi Tharoor warns US tariffs on Iran could make Indian exports unviable

Shashi Tharoor has warned that cumulative US tariffs linked to Iran trade could rise to 75%, making most Indian exports to America commercially unviable.

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Shashi Tharoor

Congress MP and chairman of the Standing Committee on Foreign Affairs Shashi Tharoor has expressed serious concern over the United States’ latest tariff announcement targeting countries that continue to trade with Iran, warning that such measures could severely impact Indian exporters.

Reacting to the decision by US President Donald Trump to impose a 25% tariff on countries doing business with Iran, Tharoor said Indian companies would struggle to remain competitive if cumulative tariffs rise to 75%. He noted that India was already at a disadvantage compared to several regional competitors.

Tharoor said he had been troubled by the US tariff regime from the outset, pointing out that India was initially subjected to a 25% tariff while rival exporting nations in Southeast Asia were charged significantly lower rates. According to him, countries such as Vietnam, Thailand, Indonesia, Pakistan and Bangladesh faced tariffs ranging between 15% and 19% on labour-intensive goods exported to the US.

He explained that the situation had worsened with additional sanctions-linked duties. With the existing 25% tariff, another 25% related to Russia-linked sanctions, and a further 25% tied to Iran-related measures, the total burden could rise to 75%. At that level, Tharoor said, most Indian exports would no longer be commercially viable in the American market.

While noting that certain sectors such as pharmaceuticals may continue to export as they are not heavily impacted by sanctions, he warned that other key export categories would be hit hard. Tharoor described the situation as very serious and said it required urgent attention.

The Congress MP also expressed hope that the newly appointed US Ambassador could help facilitate progress on a bilateral trade agreement. He stressed that India could not afford to wait through the entire year for a deal and said an agreement should ideally be concluded in the first quarter of 2026.

Commenting on recent diplomatic engagements between India and the US, Tharoor underlined the need for faster consensus on trade issues. He said that at tariff levels as high as 75%, the idea of a meaningful trade deal loses relevance. According to him, a rate closer to what the UK enjoys with the US, around 15%, would reflect the respect due to a strategic partner.

Tharoor’s remarks come after President Trump announced that any country continuing business with Iran would face a 25% tariff on all trade with the United States, a move that has raised concerns among several trading partners.

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