Assembly under Article 370 ...... 233
I. The structure of Article 370(1) and 370(2) ....................................... 234
II. The structure of Article 370(3 ... through Article 370(1)(d);
f. Article 370 was previously amended through the exercise of power
under Article 370(3). COs 48 and 72 were
Declaration Under Article 370(3) of The Constitution
1.
In exercise of the powers conferred by clause (3) of article 370 read with clause
Combined Discussion On Statutory Resolution On Article 370 (3) Of The ... on 6 August, 2019
Seventeenth Loksabha
an>
Title: Combined discussion on Statutory Resolution ... Article 370 (3) of the Constitution of India and the Jammu and Kashmir Reorganisation Bill, 2019, as passed by Rajya Sabha and the Jammu
DECLARATION UNDER ARTICLE 370(3) OF
THE CONSTITUTION
C.O. 273
In exercise of the powers conferred by clause
(3) of article 370 read with ... line with the above observations, Constitution Order 44 was
promulgated under Article 370(3) of the Constitution,
modifying Article 370 of the Constitution by amending
Article 367 providing that the expression “Constituent
Assembly of the State referred to in clause (2)” in the proviso to clause
(3) of Article 370 ... this behalf; and
(g) Clauses (3) of Articles 81 and Article 170 do not apply to the
3 1967 (2) SCR 109
16
Union territories
Proviso
to Article 3 , Proviso to Article 7 Clause 7 to Article 19 ,
Clause 5 to Article 22 , Clause (c) Article 35 , Article ... Article 133 , Clause 1A Article 220 , Proviso to
Article 253 , Clause (2) Article 256 , Clause (6) Article 352 ,
Second Proviso Clause (4) Article 356 , Clause
terms of proviso to Clause (3) Article 370 is conferred
power to recommend to the President that Article 370 be
declared to cease ... inasmuch as it does not control
Article 370 - a self contained provision of the Constitution.
17. Article 370 , Constitution of India, cannot be abrogated, repealed
State of
Jammu & Kashmir under Article 370. This is a complete misreading of
Article 370 which makes it clear that once a matter ... foremost, in sub-clause (1)(c) of Article
370 , the provisions of Article 1 and Article 370 itself are said to apply
by virtue
discretion in applying the Indian Constitution while that
situation remained unchanged. Article 370(3) envisages that
the Article will continue to be operative until ... under various Articles such as Arts. 77(3),
166(3) and 309, they would be inflexible.
Further the legislative history of the Article shows
that
Constitution of Jammu and Kashmir, which is
in pari materia with Article 234 of Constitution of India, unequivocally
6 SWP 652/2014
provides that ... August, 2019 and declaration made by the
President under Article 370 (3) of the Constitution on 6th August, 2019. Section
110 of Constitution of Jammu
