A major surgery, not scrapped, says Harish Salve

A major surgery, not scrapped, says Harish Salve


The government applied the provisions of the Constitution in its totality and used Articles 2 and 3 to reorganise Jammu and Kashmir, the former Solicitor General and Constitutional expert, Mr.  Harish Salve, said. Calling it a 'major surgery' he also clarified the idea that Article 370 was scrapped was a misunderstanding.

The Section 3 of Article 370 -- which grants special status to Jammu and Kashmir -- empowers the President to declare the special status inoperative any time. 'Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify,'  the Section 3 states.

Using this provision, the government today got an order signed by the President, Mr.  Ram Nath Kovind, that came into force 'at once'. Mr Salve said the Presidential order appears to be complete, subject to ratification by Parliament.

'That's why I think it is a statutory resolution.'