After the assembly elections in Jammu and Kashmir, the demand for withdrawal of Article 370 has started rising again. In the first session of the Assembly, PDP MLA Waheed Para also proposed the withdrawal of Article 370. There was a lot of debate between BJP and PDP MLAs regarding this proposal.
In fact, PDP MLA in the Assembly Waheed Para said that along with the restoration of the special status of Jammu and Kashmir, Article 370 should also be restored. However, 28 BJP MLAs registered their protest against this proposal of Waheed Para and created a ruckus in the Assembly. Let us tell you, Waheed Para is MLA from Pulwama seat of Jammu and Kashmir.
Is this possible?
The PDP MLA has put forward this proposal in the Jammu and Kashmir Assembly. It is almost impossible for this proposal to become a law. In fact, if seen from a legal point of view, if any government wants to withdraw Article 370, then it can be implemented only by the order of the President and through the resolution of the Parliament.
However, it also requires the consent of the Jammu and Kashmir Assembly, which can become a big legal and political challenge now that it is a Union Territory. Apart from this, if any government tries to take this step in future, it will have to face many constitutional and legal hurdles.
How much power does the Assembly’s proposals carry?
Motions presented in the Assembly are usually non-binding and involve discussion on an issue or recommend some action from the government. For example, if an MLA registers a protest against a particular policy or law, then he can present a resolution in the Assembly. As did PDP MLA Waheed Para. But this does not put any legal pressure on the government.
Decision of 5 August 2019
On August 5, 2019, the Government of India inactivated most of the provisions of Article 370 on the orders of the President. Subsequently, the Indian Parliament passed the Jammu and Kashmir Reorganization Act, which made Jammu and Kashmir a union territory.