Parliament proceedings live | Rajya Sabha passes the J&K reorganisation Bill, 2019

Amit Shah moves resolution to remove all provisions of Article 370

August 05, 2019 10:34 am | Updated August 06, 2019 02:40 am IST

The Rajya Sabha passed the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 and the J&K Reorganisation Bill, 2019.

Lok Sabha will discuss the resolutions regarding Jammu and Kashmir on Tuesday.

Earlier, Home Minister Amit Shah moved a resolution to amend provisions of Article 370 and Bills to bifurcate Jammu and Kashmir to make Ladakh a Union Territory and make a residual State a Union Territory with Legislative Assembly.

Here are the live updates

Lok Sabha | 8.30 p.m.

The Lok Sabha passes the Supreme Court (Number of Judges) Amendment Bill, 2019 which increases the strength of the Supreme Court to 33, excluding the Chief Justice of India. Read more. ..

Lok Sabha | 7.00 p.m.

The Supreme Court (Number of Judges) Amendment Bill, 2019 is being discussed and considered.

Rajya Sabha | 6.40 p.m.

Rajya Sabha adopts Jammu and Kashmir Reorganisation Bill, 2019, 125 vote for 61 vote against and 1 member abstains.

The Bill is passed by the Rajya Sabha.

House adjourned.

Rajya Sabha | 6.25 p.m.

Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 passed by the Rajya Sabha.

P. Chidambaram raises his concerns regarding the Union Territory status being accorded to Jammu and Kashmir. "Scrapping Article 370 was in your manifesto. But why give it a Union Territory status?" he asks.

Ghulam Nabi Azad says a year's consultations with the respective governments were undertaken before Telangana and Andhra Pradesh were bifurcated unlike now. The Chair tells him that after the Minister's reply, only clarifications can be sought and not given.

A division vote on the reorganisation Bill in progress.

Rajya Sabha | 6.15 p.m.

Addressing the concerns raised over making it a Union Territory, he says, "When normalcy returns, we will make it a State again. When it is uchit time (right time), it will be given Statehood again." Calling the State India's mukut mani, he says it was, is and will remain heaven on earth. "It won't become Kosovo, as claimed," he says.

"Article 370 is the biggest hurdle to bring normalcy in Jammu and Kashmir," he says adding that people all over the country are celebrating this decision.

The Jammu and Kashmir reservation Bill is put to vote.

Rajya Sabha | 6.00 p.m.

"I know that some parties will take on the work of NGOs and oppose these resolutions as unconstitutional," Amit Shah says.

To integrate the youth of Jammu and Kashmir into mainstream, it is necessary to remove the obstacle of Article 370, Shah says.

"Sardar Patel dealt with Junagarh and Hyderabad and they are integrated in the Indian polity without Article 370. Pandit Nehru dealt with Jammu and Kashmir and we have Article 370," he says, to an uproar in the House.

"It is not true that the provision protects the culture and tradition of the State. People speaking Tamil, Telugu, etc are part of the country and yet protect their identity. The article seeks to protect only three families' interests," he says.

Rajya Sabha | 5.40 p.m.

Amit Shah in his reply speech, says that the resolutions are being opposed on technicalities by the Opposition since morning, and that its necessity for Jammu and Kashmir's development has not been questioned.

He says that Article 370 is the reason terrorism exists, hampering development in Jammu and Kashmir. He also calls it anti-women. Article 370 is responsible for Jammu and Kashmir's poverty, he says.

Article 370 is responsible for the lacking tourism, health infrastructure, education and other development in the State, he says. "Doctors do not work in the State because they are not allowed to own property there," he adds.

Lok Sabha | 5.30 p.m.

Amit Shah has introduced the Jammu and Kashmir resolutions in the Lok Sabha, amidst protests by the Opposition.

Zero Hour starts in the Lok Sabha. Jammu and Kashmir resolutions to be taken up tomorrow.

Two Congress MPs tear up the resolution. DMK's Baalu and Trinamool's Saugata Roy questioned where the Bill was.

AIMIM Assaduddin Owaisi charges the Chair of not allowing a division

Adhir Ranjan Chowdhury alleges that the government is trampling parliamentary democracy and walks out.

Rajya Sabha | 5 p.m.

Prakash Javadekar, I & B Minister, asks why the people of Kashmir should be deprived of opportunities available to others. He says India has changed, people want peace and progress.

Derek O'Brien (Trinamool Congress) says procedural harakiri has been committed. He says his MPs have been diverted to Amritsar because of troop movement in Delhi. He wants to extend it by half an hour.

Ram Gopal Yadav (SP) says that the number of States and UTs will have to change in the Constitution. How will you do it? Ravi Shankar Prasad says that once the Bill is passed, the number will change.

Special Mentions are being made as the House waits for Amit Shah to make his response.

Full text of J&K Reorganisation Bill

Rajya Sabha | 4.55 p.m.

Jose K. Mani, KC(M), questions why a plebiscite was not conducted in Kashmir. Article 370 is not about integration but autonomy. He warns the country could face protests similar to Hong Kong. Why bring Section 144, he asks.

Amar Patnaik (BJD) says there was no justification for Article 370. The democratic process should return to J&K very early. The development should reach real Kashmiris, he says.

Vivek Tankha (Congress), also a Kashmir Pandit, speaks. "We couldn't sleep since yesterday." The stakeholders were not consulted. There is a process of integration. Can these Pandits actually go back? he asks. We missed out a historic consultative process.

Rajya Sabha | 4.45 p.m.

Nirmala Sitharaman, Finance Minister and Rajya Sabha member, says she is getting messages from many people hailing the decision. This is a step taken after consultation with various stakeholders. Jana Sangh and BJP have also wanted to have one Constitution.

She recalls how many landmark legislations could not be implemented in Jammu and Kashmir. The special status cannot be profound of that discriminates women and oppressed, she says.

She claims the Ladakh wanted Union Territory status since it is a large area with sparse population.

Rajya Sabha | 4.35 p.m.

M. Venkaiah Naidu is back in the Chair. Despite the time allocated has ended, he says he will allow members to speak.

Kapil Sibal (Congress) says it is time to recall why we are a democratic nation. You have manufactured the majority, so the Bill will be passed. Only history will judge is today was historic, he says. He recalls how Patel was ready to give Kashmir to Pakistan. Treasury Members object to it. Let us refrain from taking Nehru and Patel's names, the Chair says.

He says he fears more such "historic" days would come, given that the government is mulling a nation-wide NRC.

Rajya Sabha | 4.30 p.m.

Abdul Wahab (IUML) quotes Sheik Nooruddin and says uncertainty has gripped the Valley. Why is this government in a hurry, he asks. I agree it was in their manifesto, why can't they come through a legal way, he asks. He asks the government to send the Bill to a Select Committee.

C.M. Ramesh, the TDP MP turned BJP MP, speaks. He compares the Bill with Andhra Pradesh bifurcation. Just like how both States are progressive, the bifurcation will help J&K and Ladakh. "I am happy that every party leader has spoken, unlike AP bifurcation," he says.

Ramdas Athawale supports the Bill in this style of reciting a poetry.

Rajya Sabha | 4.10 p.m.

Prashant Nanda (BJD) speaks on the plight of Army in the region. The Army helps them during floods but they are pelted by stones in return, he claims.

He says the passage of the Bills will send a strong signal to terrorists and separatists.

We are witnessing the assassination of the Constitution, says K.K. Ragesh (CPI-M). Mr. Ragesh quotes Martin Niemöller. He accuses the government of following the Nazi ideology. "They should understand what happened to Hitler and Mussolini," he says.

Rajya Sabha | 3.50 p.m.

Congress member P. Chidambaram says this is a sad day. I have no illusion that the Treasury Bench members will change their mind. But I want to speak to the future generations.

This is only a momentary victory, he tells the BJP. History will prove you to be worng, he adds. The foremost duty of Rajya Sabha is to protect the rights of the States. We are failing, he says. "We are reducing States to municipal administration." Today, you have reduced States to colonies.

How can you modify an Article using the same Article, he asks.

Mr. Chidambaram speaks on stone pelting. Even the Congress party condemns the incident. But not all in Jammu and Kashmir want secession. I believe they want more autonomy. I genuinely fear that you are pushing 1000s of young men to take up militancy, he says.

Mr. Chidambaram echoes Mr. O'Brien's fears. What stops a govt from dividing Tamil Nadu, he asks. He points out to BJD, AIADMK and says they are doing a grave mistake.

Don't do the cardinal sin of dismembered Jammu and Kashmir. It was ascended to India that way. Let it remain that way, please, he says. Mr. Chidambaram declares the Congress will vote against the Bills.

Rajya Sabha | 3.45 p.m.

Rakesh Sinha (Nominated) revisits the history. He asks how Lord Mountbatten was made the Governor General, how Article 35 was passed in the House.

He calls Article 370 a 'Himalayan Blunder'.

Rajya Sabha | 3.40 p.m.

Vandana Chavan (NCP) says we managed to establish a democratic process in the trouble-ridden State. There has always been a genuine concern for the development of Kashmir. It would have been so much better if the law is brought after concensus, if a State government was in place, if the will of the Kashmiris were taken into.

NCP decides to abstain from voting.

Rajya Sabha | 3.30 p.m.

Secretary General says the Lok Sabha has passed the AAI (Amendment) Bill, agreed to amendments made by the Rajya Sabha to the Motor Vehicles Bill, and the National Medical Commission Bill.

Binoy Viswam (CPI) wonders why the government chose the path of conspiracy to make such a far-reaching change to the Constitution. Today, the government has paved a way to make Kashmir not an integral part of India. The BJP is not for the India's unity. The people of Kashmir and even the people of India will oppose the Bill, he says.

Rajya Sabha | 3.10 p.m.

Ram Gopal Yadav (SP) asks why the government did not consult stakeholders. He asks why the State had to be split into Union Territories. He asks the AAP why they are supporting this, but cried every day with your Lt. Governor. He asks the Home Minister what the hurry was. He says this could have been passed tomorrow or day after.

A Member says today is Naga Panchami, and Mr. Yadav retorts that snakes are given milk on Naga Panchami, not poison. He says that cross-border militants will strive to create disturbances now.

Dr. Jitendra Singh (BJP) says Article 370 was a miscarriage in history. The common man in Srinagar is rejoicing, he says. We have no right to deprive J&K to be a part of this global world.

Rajya Sabha | 3 p.m.

Derek O'Brien (Trinamool Congress) says that he loves his motherland, democracy and the Parliament. He calls today Black Monday. He says he doesn't condone tearing up the Constitution. There is President's rule in J&K, and you brought this in. The Constitution has been either forgotten or thrown into the dustbin.

“Tomorrow Bengal can become four States, or Odisha can become, what's your lucky number, seven States. Or worse you could become a UT. What we saw was a mockery of Parliament.”

Mr. O'Brien says Members got the revised list of business after the resolution was moved. We will fight this everyday in the Parliament and outside. Ambedkar has said more than once that the heart of our Constitution is federal. The Parliamentary Affairs Minister was sending messages to members confirming the list of business. Don't play these games. This is cheap stuff.

Why did you not call an all-party meet? Don't lecture us on nationalism, or else I will have to speak about what happened in 1947 and I don't have the time for that.

This is called the 'final solution' by the right wing on social media. This was what the Nazis did to Jews in 1942.

He appeals to AAP Members to oppose this legislation after they have dealt with a Lt. Governor.

He paraphrases German pastor Martin Niemöller.

“First, they came for the Dalits, and I said, I'm not a Dalit, so I didn't stand up.

Then, they came for the oppressed, and I said, I'm not oppressed, so I didn't stand up

Today, they came for the Kashmiris, and I said I'm not Kashmiri.

We will stand up, because when they come for me, there will be no one to stand up.”

Rajya Sabha | 2.30 p.m.

Ghulam Nabi Azad, Leader of the Opposition, says he thought they would be discussing the reservation Bill, but now that discussion is pointless. He says he never thought this would happen. You could've brought the Bill after the Assembly election, he says.

He says 29 States have now become 28 States. He says this is a State where the people fought for national security along with the armed forces. Mr. Azad says that the people of J&K are not with the Centre. The people of Kashmir chose to stay with secular India. He says the Centre has disintegrated the country. The law does not provide integration, only the will of the people is necessary for it to happen.

We went from Prime Minister to Chief Minister, now we're at Lt. Governor. You've made the Governor a clerk. You've made Jammu and Kashmir a non-entity. Bring this to your State and see what happens, he tells Amit Shah. Don't be intoxicated with power, he tells the government.

He speaks of the negotiations he did between the Hill Council in Leh and those against the Hill Council. He says the people of Kargil did not want to live in Ladakh. You've created an issue between the Buddhists and Shia Muslims of Ladakh.

You'll end the old India and create the new India, Mr. Azad asks. He says don't play with country's history and culture to get votes.

Rajya Sabha | 2 p.m.

Manoj Kumar Jha (RJD) asks if we want the land of Kashmir or the desire of Kashmiri people. He quotes from Jayprakash Narayan's letter. If a day is historic, then one must also take history into account.

Tiruchi Siva (DMK) stands to oppose the resolution and the Bills. He calls it unconstitutional and unwarranted. He quotes the Supreme Court verdict that Article 370 is permanent. He asks if the Centre did public consultation or legislative members were consulted. Tomorrow, you can convert any State into a Union Territory. This apprehension should not come.

Hishey Lachungpa (SDF) says Sikkim was made a part of India after a referendum. He supports the Bill.

Shamsher Singh Manhas (BJP) says today is a proud day for him. The Jammu and Kashmir Member thanks the Centre, the PM and Amit Shah.

K. Ravindra Kumar (TDP) says that by virtue of the reservation Bill, the people of J&K will get opportunities. But with the reorganisation Bill, the people should be given enough security so that they feel like a part of the country.

Rajya Sabha | 1.30 p.m.

Dr. Subash Chandra (IND) says if it weren't for Article 370, the two PDP MPs would not have done what they did in Parliament. "They have no respect for the Constitution," he says. 

"We don't think Kashmiris are terrorists, nor are they. Some people think that, but I want to tell them, please don't think about them like that," he says, as he quotes Mughal Emperor Jehangir: "If there is a heaven on earth, it's here, it's here."

Balwinder Singh Bhunder (SAD) says that his party is in support of the unity of India. He says this country is secular and multi-cultural. He asks the Home Minister to ensure that minorities are also safe.

Subramanian Swamy (BJP) calls today a great day. He says the LoP doesn't know the law. He quotes Article 370 and says that J&K stands as a part of India without Article 370. He says Article 370 died the day Kashmiri Pandits were driven out of Kashmir. He says the Congress is objecting to it because they have vested interests in Kashmir. Return of the territory illegally occupied by Pakistan is the next step for us, says Dr. Swamy.

Sasmit Patra (BJD) says he feels pained because he saw the Constitution torn up.

T.K. Rangarajan (CPI-M) says the Constitution has been raped by the BJP. You did not consult the people of J&K. You are creating another Palestine. You can do this to any State tomorrow. The CPI(M) warned people before the election that the RSS-BJP will destroy the Constitution. He says the Opposition who supported these Bills will feel this in the future. The Constitution is in danger.

Dr. Narendra Jadhav (Nominated) congratulates the government for this Bill. He strongly supports the legislation.

Rajya Sabha | 1 p.m.

Biswajit Daimary (BPF) says that this is an important moment for the country. He says that if after 15 or 20 years, J&K sees peace, statehood can be given back to the area. He says there are many communities in the northeast which want separate States. He wants Bodoland to be designated a Union Territory, which borders Bhutan.

Vaiko (MDMK) says it's a day of sorrow because we have not kept our promise when Hari Singh was killed. He says a fraud was committed by the Congress party. He says he wouldn't have objected even if the Constitution were burnt in the House by the PDP Member. He says Congress killed democracy all these years. When Puducherry is claiming statehood, you are equating it with UT of Jammu and Kashmir, and Ladakh.

You have played into their hands, says Mr. Vaiko, pointing at the Treasury Benches. You played with the sentiments of the people of Kashmir, he says of the Congress. Kashmir should not become a Kosovo or a South Sudan, he says. He says the international community is watching and enemies of India will use this to their advantage.

Lok Sabha | 1 p.m.

House is adjourned till 2 p.m.


Swapan Dasgupta (Nominated) says it is a proud moment for the country. In future we will not have Bills with clause that says 'this is not applicable to the State of Jammu and Kashmir.' "We have made all citizens of the country equal. We have established the sovereignty of the Indian parliament to the whole of India," he says and lauds the Prime Minister and Home Minister.

Sanjay Raut (Shiv Sena) says the the dream of Syama Prakash Mookerjee and Bal Thackeray has been fulfilled now.

Satish Chandra Mishra (BSP) rises to support the Bill. V. Vijaysai Reddy (YSR Congress) says this subject has affected the country for many years. He calls it a courageous decision by the Home Minister. He says had Nehru entrusted this to Patel, we would not have been discussing this issue.

Rajya Sabha | 12.40 p m

Prasanna Acharya (BJD) says it is a black day for Parliament. "I condemn this. Me and my party unequivocally condemn the tearing of Constitution."

"Today, J&K has become integral part of India," he says and supports the Bill. One day, PoK should also become an integral part of India, he says. "We are a regional party. But for us the nation comes first. Our party supports the resolutions," he says.

Why are you bringing the Bill when  it will become null and void after the resolution is passed, he asks. "Let's rise above petty politics," he says.

Rajya Sabha | 12.40 p m

A Navaneethakrishnan (AIADMK) rises to speak. He is being surrounded by Opposition members. He moves to a different location. He says he welcomes the statutory resolutions and the Bills. "There is nothing to worry," he says.

Reading out from the Constitution, he says the Article was temprory. He says "Amma was for this."

Rajya Sabha | 12.30 p m

Bhupendera Yadav (BJP) continues to speak. He uses the opportunity to highlight the achievement of the Narendra Modi government. He says the vision of the government is to allow all people of India to visit Jammu and Kashmir and reside there.

Rajya Sabha | 12.20 p m

Ramgopal Yadav (SP) says Article 370 cannot be removed through a resolution. "It is part of the Constitution. If it has to be removed, the Constitution has to be amended," he says.

Amit Shah responds. He quotes a provision under Article 370 to prove that the President can scrap it by a Presidential Order. He asks the House to give him an opportunity to say how Article 370 affected the region.

Rajya Sabha | 12.10 p m

Bhupendera Yadav (BJP) speaks in favour of the Bills. He targets the opposition for "ruining" the democracy. He refers to the act of PDP members. He requests the opposition to take part in the discussion.

He claims the Business Advisory Committee, on August 2, approved two hour discussion on J&K reservation Bill.

Mr. Yadav claims Congress has done nothing for the improvement of people in the State. He claims Article 370 was a "temporary provision". He recalls how Sikkim was declared part of India within a day.

Mr. Yadav repeatedly claims the BAC mentions about reservation Bills. But the Opposition continues to claim it was kept under dark on the bifurcation and scrapping of Article 370.

He thanks the BSP for their support.

Mr. Yadav claims Syama Prasad Mookerjee "sacrificed his life in Kashmir"  and today we are "reclaiming the land."

Rajya Sabha | 12.00 noon

The debate is open on all four issues, the Chair says.

BSP member Satish Chandra Misra says his party supports the Bill. "Our party gives complete support. We want that the Bill be passed. Our party is not expressing any opposition to Article 370 Bill & the other Bill," he says.

No lunch break, says the Chair.

Rajya Sabha| 11.50 am

Ghulam Nabi Azad, Leader of Opposition, says there are lakhs of people in Kashmir still believe that the region is integral part of India. "I strongly condemn the act of two or three members of the party," he says without naming the PDP members.

But today, the BJP has murdered the Constitution, he says.

Amit Shah says his Bills are also historic. He claims three families have looted Kashmir for all these years. "We don't want to make vote bank or politics. Narendra Modi government is for development," he says.

The nation wants to know why the children of Pandits are not considered Kashmiris, he says. He appeals the members to take part in a discussion on the Bill.

Rajya Sabha| 11.45 am

Marshals being called in. The Chair asks PDP members to be marshalled out.

The members Nazir Ahmad Laway and Mir Mohammad Fayaz  tore a copy of Constitution.

Rajya Sabha | 11.40 am

Ram Gopal Yadav (SP) opposes the way Article 370 is being aborgated. Tiruchi Siva (DMK) says this is totally unprecedented. The resolution is nothing to do with the Bill. "You are the custodian. You can't allow this," he says.

Mr. Shah says this is not unprecendented.

Mr. Shah moves the reservation Bill now. Opposition members troop the Well and raise slogans.

Mr. Shah moves the other Bills too. The State of Jammu and Kashmir will be bifurcated with Ladakh as a Union Territory. The residual State will also be a Union Territory with the Legislative Assembly.

Vaiko says "you are killing the democracy. This is worse than Emergency."

Rajya Sabha | 11.30 am

House reassembles. Parliamentary Affairs minister Pralhad Joshi  accuses the opposition of abusing the Point of Order.

Law Minister Ravishankar Prasad says we are correcting a "historic wrong". This will bring development to Congress.

The Chairperson allows Mr. Shah to move the reservation Bill. Mr. Shah speaks even as Opposition rises slogans. Mr. Shah claims the Bill will help people of J&K, especially who are living in the border.

He says the President has approved the Constitution (Application to Jammu and Kashmir) Order, 2019.

The Chairperson says the other three Bills will be circulated now and then it will be moved. Now, let;s take up the reservation Bill. Whole nation is benefitted from reservation. Shouldn't the people of J&K benefit, he asks.

Rajya Sabha | 11.15 am

Amit Shah rises to speak again. He says he is willing to answer every query of the members.

Mr. Shah moves a Bill that removes all provisions of Article 370. Opposition members strongly object to it.

He then moves the The Jammu and Kashmir Reservation (Second Amendment) Bill.

House is adjourned for a few minutes.

Lok Sabha | 11.10 am

In Lok Sabha Health Minister Harsh Vardhan and MoS Road Transport Gen. V.K. Singh move the National Medical Commission Bill, 2019 and Motor Vehicles (Amendment) Bill, 2019 as amended by Rajya Sabha to be passed in Lok Sabha. The Bills are passed even as opposition members raise slogans on Kashmir issue.

Lok Sabha now takes up The Transgender Persons (Protection of Rights) Bill, 2019.

Rajya Sabha | 11.05 am

In Rajya Sabha, the Chairperson Mr. Naidu says he is not allowing the adjournment motion but allows the members to raise the issue on Kashmir situation during debate on The Jammu and Kashmir Reservation (Second Amendment) Bill, 2019.

Home Minister Amit Shah rises to speak. Leader of Opposition Ghulam Nabi Azad intervenes. He assures that the Bill will be passed but wants the government to inform the House what is happening in the region.

11.00 am

Rajya Sabha assembles. Papers are being laid on the table.

Lok Sabha assembles. Speaker Om Birla is in the Chair. He makes a statement. He says the Parliament has completed 92 years of existence. We are the biggest democracy. We have to strive to make the parliamentary modern. He requests the House the Prime Minister to consider renovate the House to include modern amenities, he says.

Rajya Sabha Chairperson M. Venkaiah Naidu also makes a statement on the 92 anniversary of Sansad Bhavan. Mr. Naidu also appeals the government to modernise the House.

10.30 am

Agenda for the day

Rajya Sabha

The Jammu and Kashmir Reservation (Second Amendment) Bill, 2019

The National Institute of Design (Amendment) Bill, 2019

The Inter-State River Water Disputes (Amendment) Bill, 2019

The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019

Lok Sabha

The Supreme Court (Number of Judges) Amendment Bill, 2019

The Chit Funds (Amendment) Bill, 2019

The Transgender Persons (Protection of Rights) Bill, 2019

*National Medical Commission Bill, 2019.

*Motor Vehicles (Amendment) Bill, 2019

*denotes the Bills were already passed in Lok Sabha, but Rajya Sabha approved a few amendments. These amendments will have to approved by the Lok Sabha.

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