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The Run-up: 2018 to August 2019

The Run-up: 2018 to August 2019

Background · 2 min read

The reorganisation came at the end of a short political sequence. Know the dates.

The timeline

DateEvent
19 June 2018The BJP withdrew support from the PDP-BJP government. Mehbooba Mufti resigned as Chief Minister.
20 June 2018Governor's Rule under Section 92 of the J&K Constitution.
November 2018The Legislative Assembly was dissolved by Governor Satya Pal Malik.
20 December 2018President's Rule (Article 356) began after Governor's Rule ran out.
3 July 2019President's Rule extended by six months with the approval of Parliament.
Early August 2019Extra security forces moved in, an advisory was issued to tourists and Amarnath pilgrims, communications were suspended and many political leaders were detained.
5 August 2019Home Minister Amit Shah announced the proposals in the Rajya Sabha.

Why President's Rule mattered

Under President's Rule, the powers of the State Legislature are exercised by Parliament (Article 357), and the powers of the State government by the President through the Governor. This created the path used in August 2019:

  • The Governor's concurrence was treated as the State government's concurrence for Article 370(1)(d).
  • Parliament gave the "views" of the State Legislature required by the proviso to Article 3 and the "recommendation" needed under Article 370(3).

Reasons given for the change

The Government of India said:

  • Article 370 was meant to be temporary and had become a source of separatism and terrorism.
  • J&K needed full integration, so that all Central laws, reservation, the Right to Education and other rights reached its people.
  • Development, investment and jobs would improve.

Objections raised

Critics (including many J&K parties, some constitutional experts and the petitioners in court) said:

  • The people of J&K, through their elected Assembly, were not consulted, because the State was under President's Rule.
  • Article 370 could not be changed through Article 367 (an interpretation clause), and converting a State into Union Territories reduces the federal status of the people.
  • The communications shutdown and detentions affected rights.

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Prepared for exam revision from standard sources, official publications and the Census. Figures and recent developments change, so check official sources before relying on them. Found a mistake? Tell us.