| Just laying down what happened: Central Government amended Article 367 of the Constitution to add new interpretations, by which the Presidential order to abrogate Article 370 and 35A becomes valid. Basically, the Central Government brought in an amendment, asked the Governor of the State (appointed by the Central Government), who then recommended the President for the same and he just signed it. https://en.wikipedia.org/wiki/Article_370_of_the_Constitutio... > The presidential order also added new "interpretations" to the Article 367 of the Constitution. By the new interpretation, the phrase "[Governor of the State] acting on the advice of the Council of Ministers of the State for the time being in office" is to be understood simply as the Governor of the State. All references to the State Government shall mean the Governor. The reference to the "Constituent Assembly" has also been amended to mean the "Legislative Assembly of the State" https://www.telegraphindia.com/india/double-strike-president... > To article 367, there shall be added the following clause, namely:— “(4) For the purposes of this Constitution as it applies in relation to the State of Jammu and Kashmir— (a) references to this Constitution or to the provisions thereof shall be construed as references to the Constitution or the provisions thereof as applied in relation to the said State; (b) references to the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadar-i-Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office, shall be construed as references to the Governor of Jammu and Kashmir; (c) references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers; and (d) in proviso to clause (3) of article 370 of this Constitution, the expression “Constituent Assembly of the State referred to in clause (2)” shall read “Legislative Assembly of the State”.” |