Parliament Live | Lok Sabha passes Jammu and Kashmir Reorganisation Bill, Ayes: 370, Noes 70

Lok Sabha adjourned sine die.

Updated - August 05, 2020 07:27 pm IST

The Lok Sabha during the vote on the Jammu and Kashmir Reorganisation Bill on August 6, 2019. Photo: LSTV

The Lok Sabha during the vote on the Jammu and Kashmir Reorganisation Bill on August 6, 2019. Photo: LSTV

The Lok Sabha has passed the Jammu and Kashmir Reorganisation Bill , which was passed in the Rajya Sabha on August 5.

 

The Rajya Sabha has passed the Consumer Protection Bill, 2019.

Here are the live updates:

 

Lok Sabha | 7.30 p.m.

 

Speaker Om Birla winds up with his vies on the first session of the 17th Lok Sabha. “Remarkable work is done in this session in the history from 1952 till now,” he says.  “Record 36 bills have been passed, more than 1,000 issues were raised in zero time.”

Speaker concludes speech. Vande Mataram is played. Chair announces that the House is adjourned sine die. 

Rajya Sabha | 7.15 p.m.

 

The Rajya Sabha says there won't be Zero Hour on August 7, says Chair. Wants parties to submit names for Standing Committee by August 14.  Adjourns the House for the day.

 

 

Lok Sabha | 7 p.m.

 

Lok Sabha Secretary General explains the voting procedure. It's put to vote.

The display board shows AYES 351, NOES 72, ABSTENTION 1.

Display board shows the result of the vote on the J&K Reorganisation Bill in the Lok Sabha on August 6, 2019. Photo: LSTV

Display board shows the result of the vote on the J&K Reorganisation Bill in the Lok Sabha on August 6, 2019. Photo: LSTV

 

Chair announces the results. And says the Bill has been passed.

The House now votes on the J&K Reservation Bill.

As the numbers in the display appear not correct, Chair announces revote.

Like a school teacher he tells member to remove their fingers from buttons and touch them only after indication from the Secretary General.

AYES 366, NOES 66, ABST 1. The Bill too is passed.

Display board shows the result of the vote on the J&K (Reservation) Bill in the Lok Sabha on August 6, 2019. Photo: LSTV

Display board shows the result of the vote on the J&K (Reservation) Bill in the Lok Sabha on August 6, 2019. Photo: LSTV

Now, it's time for clause by clause passing.

After passing clause by clause by voice vote. Mr. Shah submits it for passing. Opposition wants division.

Voting process again.  The final vote is AYES 367, NOES 67, ABST 0.

 

Chair gives the final numbers based on slips voting: Now, AYES: 370, NOES 70. Subject to correction. Notice the number.

Mr. Shah: “I want permission to withdraw the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019. When Section 370 is repealed, the provisions of this bill will automatically apply there.”

 

Lok Sabha | 5.50 p.m.

 

‘Jammu and Kashmir is Paradise on Earth, and will remain so’

Home Minister Amit Shah , in his reply, tells the House that Article 370 does not unite Jammu and Kashmir with India, like claimed, but keeps it apart. He says Statehood will be given when the time is ripe. He blames Jawaharlal Nehru for Pakistan occupied Kashmir. He assures the rest of the country that "it is not the objective of Narendra Modi's government to tamper with Article 371".

Responding to Supriya Sule's comment on lack of consultations, he says "three generations consultations have happened and haven't yielded results. So, some tough decisions need to be taken, situations need to be changed."

Mr. Shah touches on the Andhra Pradesh bifurcation issue. He says there was no question of taking people into confidence when the govt of the day went ahead with bifurcation when the State's Assembly rejected the proposal and the CM resigned. “Black day is not today, but when you people took that decision,” he says.

Home Minister Amit Shah speaks during the resolution on Kashmir in the Lok Sabha on August 6, 2019.

Home Minister Amit Shah speaks during the resolution on Kashmir in the Lok Sabha on August 6, 2019.

 

And on the question of turning a State into UTs overnight, Mr. Shah says,“You have no right to talk about turning States into UTs because in 1977 you brought in Emergency and made the entire country a Union Territory.”

Responding to a verdict quoted by DMK member T.R. Baalu, Mr. Shah says the verdict is in his side.

Responding to Hasnain Masoodi of Jammu and Kashmir National Conference , Mr. Shah says curfew has been brought in as a precautionary measure. “Curfew hasn't been brought in not due to worsening security situation, but to prevent the security situation from worsening.”

“How long will we go on the path of vote bank politics,” Mr. Shah says seeking to respond to Congress member Shashi Tharoor. 

Mr. Shah, quoting AIMIM member Asaduddin Owaisi, says, “The House is not making a historic blunder, Mr. Owaisi, but it's correcting a historic blunder.”

He says none of the speakers have come up with an argument how Article 370 will help J&K. “Because there can't be any good coming out of the Article.”

“How can an Article, which cannot prevent child marriage be good for the country,” he asks. 

Protest from Opposition. 

“Why didn't national commission on minorities reach J&K,” he says. Voices of protest again. 

Mr. Shah says that he would read as many time as many time Opposition protests. 

He says national commission for safai karmacharis and reservation for Dalits and tribals could not enter J&K. “Why? Because of the staus quo mindset and the protection provided by Article 370.”

Panchayati Raj has been prevented by the hold of three families, he says. This law brought in by Rajiv Gandhi will be implemented once President's rule is lifted, he says.

Opposition wants to know who the three families are. Mr. Shah first says he would say and Chair should not stop him and then goes back to rhetoric and asks the Treasury benches if they know the three families. Treasury benches roar in support. “See, entire nation knows,” and moves on without naming the families. 

“Jammu and Kashmir is Paradise on Earth, and it will remain so,” he says.

“Let us leave the path which was the reason for the death of thousands of people. Let us take the path laid by Narendra Modi government. The path of development,” he says in conclusion. 

Adhir Ranjan Choudhary rises to make a point on behalf of his party. He says Mr. Modi said from the Red Fort that he would engage with the Kashmiris not with bullets, but with a hug. But you have made a concentration camp out of Kashmir.

Mr. Shah moves the resolution. Roaring AYES and muted NOES in voice vote. Opposition demands division.

Chair orders clearance of lobbies. 

Lok Sabha | 5.05 p.m.

Navneet Ravi Rana, Independent from Amravati, supports the Bill, calling it a victory of all the soldiers martyred in the conflict.

Dr. Nishikant Dubey of BJP cites a letter written by Sardar Patel to Jawaharlal Nehru, calling his stand on Jammu and Kashmir a mistake.

Vinayak Bhaurao Raut of SS speaks in support of the Bill.

Premachandran of RSP, Kollam, says that he opposes the Bill on four grounds. "The resolutions are unconstitutional, void and ultra vires of the President's powers, they are in violation of the federal structure of the Constitution, they abrogate all parliamentary procedures, rules and conventions of the House, and the move has ulterior political motive," he says.

Ravi Shankar Prasad, Minister, Law and Justice takes objection to the Opposition's jibe of "brute majority", and says, "We have received this majority because the people have voted for us." Replying to Mr. Tharoor's comment of "legislative despotism", Mr. Prasad brings up the emergency. The move will usher in new employment opportunities to the youth of Jammu and Kashmir, he says.

The Prime Minister walks into the Lok Sabha, to a rousing welcome amidst chants of Bharat Mata ki Jai and Vande Mataram.

Lok Sabha | 4.33 p.m.

Anupriya Patel of Apna Dal says, "If Sardar Patel had taken over the negotiations of Jammu and Kashmir, like Junagarh and Hyderabad, the State woul have integrated into India a long time ago," to loud protests by The Congress.

Dr. Sanjay Jaiswal of BJP says the Congress hasn't spoken a word about reservation in their discussions on the Bill. The Congress' opposition to the Bill, he says, will be the final nail ion the party's coffin.

Asaduddin Owaisi of the AIMIM calls the Bill the "third historic mistake being committed in the country." He says the BJP, "which believes in alchemy not science", has succeeded in harming democracy. "Iron fist must be used by velvet and that velvet was Article 370," he says quoting Otto van Bismarck. "BJP thinks it is going to Indianise Kashmir, but we will see Kashmirisation of India," he concludes, opposing the Bill.

Lok Sabha | 4.15 p.m.

The TDP supports the J&K reorganisation Bill, says Jayadev Galla. "A historical mistake is being corrected through this Bill," he says, calling it an "innovative change". "There must be a road map to achieve Statehood," Mr. Galla says. "Restore normalcy in J&K at the earliest so that people can live in peace as early as possible," he concludes.

Amit Shah reiterates that Farooq Abdullah has not been detained or arrested.

Sukhbir Singh Badal says his party, SAD, stands in support of the Bill. "SAD stands for more power to the States, for the federal structure but also for a united India. We stand for the rights of minorities," he says. Minorities in Kashmir have not had a say since a Minorities Commission doesn't exist in the State, because of Article 370, the Minister says.

Lok Sabha | 3.55 p.m.

Shashi Tharoor raises concerns over Farooq Abdullah's whereabouts again, to which Amit Shah again responds that he is in " mouj masti " at his house.

"You have a crushing brute majority, so this Bill will go through. But the process of consultation will be in shreds...You have changed the constitutional relationship of the people of J&K to India without consulting them," Mr. Tharoor says. He asks the Prime Minister to address the House about this decision. "You have unleashed upon us political equivalent of demonitisation," he says.

"When will achche din come to the poeple of Kashmir?" he asks. Our brave jawans will be more in danger now, as the youth have a new excuse to join the militancy, he says.

Can any Indian anywhere take his constitutional protections for granted, Mr. Tharoor asks.

"There is no need to teach the Congress party about nationalism. We were the original party of nationalism," he says to desk-thumping in the House.

"We used to say with pride that despite the partition, we have a muslim-majority State. But we have lost that now," he says.

"When will Kashmiri children be able to take their children to school, when will they be allowed to watch TV?" he asks. Decisions will be made in the heart and minds of the people of J&K, not in this Parliament on in the United Nations, he says quoting Jawaharlal nehru and "setting the record straight" on Nehru's views.

"This is an assault on the spirit of cooperative federalism and on our own country's values and democracy. Hence, my party rejects this Bill...I suggest an all party delegation to visit Jammu and Kashmir to see for ourselves the situation there," he concludes.

Lok Sabha | 3.25 p.m.

P.K. Kunhalikutty (IUML) says the government has not followed any constitutional rules and parliamentary procedure in bringing this. "You are not even patient to listen to the Member from Kashmir. You are strengthening the hands of the militants. Coming back to power for a second time is not a big thing. Congress has come back so many times.

"Don't think you will always have this jubilant attitude. You are thinking that with your communal agenda you can make the people forget everything else. People are starving and unemployed. Don't underestimate the people. You are following the British policy of divide-and-rule. This is a strike against our people. It is an undemocratic war-like people. You are ignoring the Parliament. You have not consulted any party.

"Why didn't you think about this when your government was in J&K? You will be sorry about this. You are misinterpreting history." He also points out the absence of Farooq Abdullah. "You're declaring war on Indian citizens."

Mr. Shah says that Farooq Abdullah is in his house, and is free. He has chosen to not come here.

Jamyand Namgyal (BJP) asks what all those people who spoke about Ladakh know about the place. Ladakh has been asking for a UT for 71 years. The place has never wanted to be with Kashmir. He says only two families have benefited from Article 370. What do they know of Kargil, he asks. He says the district presidents of PDP and NC who wanted UT were expelled by their parties.

Only Narendra Modi gave Ladakh a Central University. You've recognised Kashmiri and Dogri, but not Ladakhi. You misused Article 370 and tried to finish off Buddhists in Jammu and Kashmir.

He thanks the PM, Mr. Shah and the government on behalf of the people of Ladakh.

Pralhad Joshi asks the Speaker to expunge Hasnain Masoodi's comments on Syama Prasad Mookerjee.

Chirag Paswan (LJSP) says that India is finally united.

Lok Sabha | 3.00 p.m.

You have lost the confidence and trust of 1.5 crore people, says Hasnain Masoodi, Anantnag MP. Kashmir was acceded with a promise that a plebiscite will be conducted. That never happened, he says. Gopalswamy Ayyangar had said Article 370 would stay till referendum is conducted, he recalls.

He says the abrogation is illegal. He asks what authority the government has to do this. He says there is a bandh in Kargil today. He asks what Syama Prasad Mookerjee did.

Amit Shah says Syama Prasad Mookerjee gave his life for the abrogation of Article 370. Both sides rise up in protest.

Defence Minister Rajnath Singh asks what the Member was referring to.

Was Article 370 not passed without the support of the Cabinet of which he was a part, asks Mr. Masoodi.

Mr. Shah says that just because Mookerjee was a part of the Cabinet, it doesn't mean he supported the resolution.

You are supposed to get concurrence from the elected government, but you have your President's appointee there and he gives you concurrence? There is no elected government there, says Mr. Masoodi.

Lok Sabha | 3.00 p.m.

Akhilesh Yadav (SP) says he sits on the other side of Farooq Abdullah in the Lok Sabha. He yields to Amit Shah who clarifies that the Constituent Assembly need not be consulted, and the President has said that the Constituent Assembly means the Assembly of Jammu and Kashmir.

Mr. Yadav rises to speak again. Two days ago, the Governor said he doesn't know what is going to happen. We don't know what is happening there. Are the people there happy or sad? He says the Governor says what the Centre tells him to. He refuses to yield.

You are working only for 20-30 people, he accuses the government. He asks when elections will be conducted in PoK.

You are abolishing special status of J&K. What about Nagaland and Mizoram, he asks. If Kashmir is a heaven, why did you send so many troops ahead of this Bill, Mr. Yadav asks.

Lok Sabha | 2.30 p.m.

Girish Chandra (BSP) rises to support the Bill. He echoes Mayawati's statement that this benefits Buddhists living in Leh and Ladakh.

Nama Nageswara Rao (TRS) also supports the Bill. He says historic blunders should be corrected. He says PoK should become Indian Kashmir, and that the House is ready for this step. He says that the people of Kashmir are loving.

Supriya Sule (NCP) says that Farooq Abdullah usually sits next to her in Lok Sabha and he is not present here. Amit Shah says that Farooq Abdullah is at his house of his own free will. She says that she called Omar Abdullah and then his sister who said that she could not reach her brother and father who were in the Valley.

She reads out the literacy rates in BJP-ruled States to show that the government's reason of education does not stand when these rates are compared. Do you have a plan to protect the beauty of Kashmir, she asks. She cites the Naga Accord and says that Kashmir has an equally unique history and culture.

She asks if this will stand in the Supreme Court. Why did you divide the State, she asks. People have referred to Andhra Pradesh. Two wrongs don't make a right.

The Governor kept telling the country that the Centre is not going to revoke 370, she says. How different is what you've done from what Indira Gandhi did?

Lok Sabha | 2 p.m.

Parliamentary Affairs Minister Pralhad Joshi says that it is an emotional issue for them. He says that it is unfortunate that divided voices are coming from the Congress party, citing the remarks by Bhubaneswar Kalita, Milind Deora, etc.

Congress Members begin protesting. Mr. Joshi asks what the Congress party is doing, when after their president has resigned, they aren't able to appoint a new president. "Your own whip... this is the state of the Congress party. You are speaking as Pakistan's voice." Congress members interrupt him.

He yields to Arjun Ram Meghwal who says that this was a historical blunder by Nehru. Shashi Tharoor rises to respond, but Mr. Joshi refuses to yield the floor.

Ravi Shankar Prasad says that the House gets to hear only one side of history, referring to the Congress.

Mr. Joshi says that it is not a special provision, but a temporary provision. Nehru said it will be corroded and eroded over time, he says.

He says that tragedy happened when Article 370 was added to the Constitution despite Ambedkar's disagreement. He says that many projects have been named after Nehru, Indira Gandhi and Rajiv Gandhi, but none after Sardar Patel. "This is how they have treated Sardar Patel. Without him, Hyderabad and Junagadh would not have been a part of India."

He tells the Congress to tell their leader "because you don't have a president now" to support this resolution.

Lok Sabha | 1:20 pm

Dr. Jitendra Singh, MoS, Prime Minister's Office, says "The common man of Kashmir has moved on. Some of the politicians are stuck in the past".

"There is no such issue as Kashmir issue. It is just a weapon in the hands of those who want the problem to continue," he claims.

Raghu Ramakrishna Raju Kanumuru, YSRCP, says a lot of injustice has been done to Kashmiri Pandits. "All of them should be brought back and given fairness in securing jobs," he says.

Arvind Ganpat Sawant, Minister, Heavy Industries and Public Enterprises, speaks on the issue of Kashmiri Pandits. Term of J&K's Legislative Assembly is six years; the fact that Supreme Court laws apply there later has caused loss to the citizens, he says. Shariya law applies to women there, the Hindus and Sikhs who are minorities there, do not get 16% reservation, he says.

Rajiv Ranjan Singh, JD(U), says from 2004 to 2015, terrorism was at its peak. After 2014, no big terror attack has happened, he claims. "The root of terrorism is in Jammu and Kashmir," he says, adding, "It is Pakistan which is watering those roots". He commends the amendments to the NIA and UAPA Acts. JD(U) walks out.

Pinaki Misra, BJD, rises to speak. The only article of faith is that J&K will be a part of India, he says, which the House has expressed unanimously on two occasions. "Romanticising of the Kashmir issue has caused this legacy problem," he claims, adding that Article 370 was meant to be temporary and transitional. "Generations of Kashmiris have been taught that they are not a part of India," he says.

There has been no breach of faith, he claims. He asks the citizens of Jammu and Kashmir to believe that they are an "integral part of the Indian family".

Rajya Sabha | 1:15 pm

Rajya Sabha adjourned till 2pm.

Lok Sabha | 12:15 pm

Jugal Kishore Sharma, BJP, talks on Kashmiri Pandits. "Article 370 was just a way to loot the common people of Jammu and Kashmir," he says. The vision of Atal Bihari Vajpayee, Shyamaprasad Mookerji has been fulfilled, he claims.

Thalikkottai R. Baalu, DMK, says the Bill is being brought in the absence of a State Legislative Assembly. "In sucha  scenario, the government should have conducted assembly elections in Jammu and Kashmir along with the Lok Sabha elections," he says.

"Security problems have not been solved. People on the borders are not safe," he says, claiming border management is a more important issue. Since this has not been addressed, he says he cannot offer his support to the Bill.

Sudip Bandyopadhyay, AITC, is speaking. "We still believe in the principles of secularism, communal harmony and unity in diversity," he says. It would have been better if leaders of all political parties were engaged in discussion before taking this crucial step, he says. He seeks clarification from the Home Minister on the decision to turn Jammu and Kashmir into the two Union Territories.

"There are apprehensions of more aggression and agitation," he says. The present situation should not throw the area towards uncertainty. "Why have Mufti and Abdullah been unnecessarily arrested?" he asks. "It's a request that no atrocities or torture should happen in Jammu and Kashmir," he says.

Trinamool Congress walks out.

Dr. Jitendra Singh, MoS, Prime Minister's Office, commends the Bill. "Even before this debate concludes, this day has already gone down in the history of India as a day of redemption, rejuvenation and resurgence," he says. The greatest "blunder in post-Independence" India has been corrected, he says. The history of the Indian subcontinent would have been different had Nehru played a different role, he claims. "Nehru believed he knew Jammu and Kashmir better than the then Home Minister Sardar Patel," he says.

Even under Lal Bahadur Shastri, there were talks of amending Article 370, he claims. In 1981 State Assembly of Jammu and Kashmir, Sheikh Abdullah had called Article 370 a "stumbling block" in the way of progress, Mr. Singh says.

Responding to allegations of not having engaged the stakeholders in the situation, he says the Parliament is a great stakeholder.

Conflict escalated in Jammu and Kashmir because of Article 370, for which the youth were disenfranchised, he alleges. The separatists are "separatists by convenience, not conviction," he claims. Their politics thrives in an atmosphere of vacuum, he adds. The solution is to remove Article 370, he claims.

"The common man in Srinagar is rejoicing the abrogation of Article 370," he claims.

Rajya Sabha | 12:00 pm

Chairman M. Venkaiah Naidu is in the Chair.

The Consumer Protection Bill, 2019, is being discussed.

Ramivilas Paswan, Minister of Consumer Affairs, Food and Public Distribution, speaks. The new legislation would examine products before, during and after buying. If found faulty, instead of earlier individual examination, the entire batch should be examined.

K.C. Ramamurthy, INC, talks about unfair trade practice as defined by the Bill and the punitive measures prescribed.

Lok Sabha | 11:00 am

Speaker Om Birla is in the Chair. Proceedings start with observing silence for those killed in the Hiroshima attack 74 years ago today.

Home Minister Amit Shah rises to speak. He moves the Jammu and Kashmir Reorganisation Bill, 2019, and the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019, for passing.

Adhir Ranjan Chaudhary, INC, asks how the Jammu and Kashmir issue can be considered an internal matter when so far it has been considered a bilateral issue. "Former Chief Ministers of Jammu and Kashmir are under house arrest. We are not getting to know anything," he says.

Commotion ensues.

Mr. Shah responds, saying Jammu and Kashmir is a part of India and this cannot be legally disputed.

According to Article 370(3), the President may, by public notification, alter Article 370, provided the Constituent Assembly of the State concurs, he says.

"This provision has been utilised twice by the Congress," he states.

Manish Tewari, INC, rises to speak. After Independence, Maharaja Hari Singh had signed a standstill agreement with Pakistan, which India had refused to sign, he says. It was Jawaharlal Nehru's government which had protected Jammu and Kashmir when it was under attack from Pakistan, he says.

According to the Indian Constitution, before altering the boundaries of any State, concurrence of the Legislative Assembly of the State is mandatory. Andhra Pradesh and Telangana bifurcation was done with complete concurrence of the State Legislative Assembly by the UPA government, he says.

"What happens to the separate Constitution of Jammu and Kashmir now?" he asks. He asks if the government will introduce a legislation to amend the Constituion of Jammu and Kashmir. "There cannot be a greater attack on the Constitution than this," he says.

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