Article 370 was meant to be 'temporary' provision in Constitution: Amit Shah

Inaugurating a training programme on legislative drafting, Home Minister Amit Shah also said that if a legislation is drafted well, there is "no need for any court to give any explanation to any law".

May 15, 2023 05:19 pm | Updated 06:22 pm IST - New Delhi

Union Home Minister Amit Shah attends the inauguration of a training programme on Legislative Drafting, at the Main Committee Hall, Parliament Library building, in New Delhi on May 15.

Union Home Minister Amit Shah attends the inauguration of a training programme on Legislative Drafting, at the Main Committee Hall, Parliament Library building, in New Delhi on May 15. | Photo Credit: ANI

The now-scrapped Article 370, which gave special status to Jammu and Kashmir, was meant to be a "temporary" provision since the beginning and the framers of the Constitution had put it there "intelligently", Union Home Minister Amit Shah said on May 15.

Referring to Article 370, which the BJP government at the Centre repealed in 2019, the Home Minister said the whole country wanted that the provision of the Constitution should not be in existence.

He also highlighted that when the Article was framed, it was mentioned in the index as "Temporary Provision of Article 370". Even debates on the Article were missing from the records of constituent Assembly debates, Mr. Shah said and added that they were not printed.

Mr. Shah said it could well be imagined that whoever had drafted it and those who were part of the constituent Assembly, how intelligently they put it and how after lots of thought the "temporary" word was inserted.

"An article of the Constitution cannot be temporary, it can be amended. If you read it even today — the old Constitution, it is clearly written as Temporary Provision of Article 370," he said.

"Article 370 is no longer in existence. It has been repealed now. But please read it. It was mentioned in the index as 'Temporary Provision of Article 370'. If this 'temporary' word was not written, what would have happened. Tell me, can a provision of the Constitution be 'temporary'," he asked.

The Article was scrapped on August 5, 2019, a few months after Mr. Shah took charge as the country's Home Minister, and the erstwhile State of Jammu and Kashmir was bifurcated into Union Territories of Jammu and Kashmir and Ladakh.

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