Ministry of Home Affairs

Union Home Minister and Minister of Cooperation, Shri Amit Shah replied to the discussion on Jammu and Kashmir Reservation (Amendment) Bill, 2023 and Jammu and Kashmir Reorganization (Amendment) Bill, 2023 in the Rajya Sabha today, House passed the bills after discussion


This day will be marked in golden letters in the history of J&K and India when the Supreme Court has upheld the intention and process of decision taken by Prime Minister Shri Narendra Modi Ji to abrogate Article 370 and reorganization of Jammu and Kashmir, as constitutional

Questions raised on these bills were not for the sake of justice but with the intention of delaying the decision taken by PM Modi

Supreme Court today upheld that Jammu and Kashmir never had internal sovereignty and Article 370 was a temporary provision

No one has the right to let go of a part of the country just to show his big heart, we will fight for every inch of our land

Those who say that Article 370 is permanent are insulting the Constitution and the Constituent Assembly

Now the people displaced from Kashmir will be able to contest elections and also become ministers in Kashmir

Our army was winning, and the enemy army was retreating, at that time, if Nehru ji had continued the war for two more days without doing the ceasefire, then today entire Kashmir would have been ours

More than 550 princely states merged with India, nowhere Article 370 was imposed, Nehru ji was looking after only Jammu and Kashmir, so why was it imposed only there?

Three families who were enjoying Article 370 kept the Scheduled Tribes of Jammu and Kashmir deprived from their rights

42,000 people have been killed in Jammu and Kashmir because Article 370 used to promote the sentiment of separatism and due to this terrorism arose there

There were 37 seats in Jammu which have now become 43, earlier there were 46 seats in Kashmir which have now become 47 and 24 seats have been kept reserved for Pakistan-occupied Kashmir, because Pakistan-occupied Kashmir belongs to India and no one can take it from us

For the first time in the history of Jammu and Kashmir, 9 seats have been reserved for Scheduled Tribes and seats have also been reserved for Scheduled Castes

Bakarwal brothers will get the benefit of reservation without any reduction in the seats of Gurjar brothers

As far as even an inch of land of country is concerned, Modi government has and will have strict approach, we cannot have big heart on such issues

If Article 370 was so useful, then why did Nehru Ji use the word temporary before it ?

Now the youth of Jammu and Kashmir will not have guns but laptops in their hands, under the leadership of Prime Minister Modi a new Kashmir is taking shape

Everyone knows that the merger of Kashmir was delayed because there was a demand to give special status to Sheikh Abdullah and due to this the merger was delayed and Pakistan got the opportunity to attack

Posted On: 11 DEC 2023 10:00PM by PIB Delhi

Union Home Minister and Minister of Cooperation, Shri Amit Shah replied to the discussion on Jammu and Kashmir Reservation (Amendment) Bill, 2023 and Jammu and Kashmir Reorganization (Amendment) Bill, 2023 in the Rajya Sabha today. Rajya Sabha passed the bills after discussion. Lok Sabha has already passed both the bills.

Replying to the discussion on the Bills, Shri Amit Shah said that this day will be marked in golden letters in the history of J&K and India when the Supreme Court has upheld the intention and process of decision taken by Prime Minister Shri Narendra Modi Ji to abrogate Article 370 and reorganization of Jammu and Kashmir, as constitutional. He said that the questions raised on these bills were not for the sake of justice but with the intention of delaying the decision taken by Prime Minister Modi. He said that today the Supreme Court has given its decision and many things which we were highlighting since 1950 have been given legal standing. He said the Supreme Court today upheld that Jammu and Kashmir never had internal sovereignty and Article 370 was a temporary provision. Shri Shah said that if Article 370 was judicial and necessary, then why the word temporary was written before it. He said that those who say that Article 370 is permanent are insulting the Constitution and the intention of the Constituent Assembly. He said that today the Supreme Court said that the Constitution and the Parliament of the country have full right to remove Article 370.

Shri Amit Shah said that today the Supreme Court also upheld that challenging the proclamation of Governor's rule and President's rule is not right and it is completely in accordance with the constitutional process. Shri Shah said that Article 370 (3) was kept by the Constituent Assembly itself and it was said that the Hon’ble President of India can amend Article 370, can stop its implementation and can also take it out of the Constitution. He said that today, the Supreme Court also upheld that on August 5, 2019, the then President had the full right to abrogate Article 370. Shri Shah said that the Supreme Court also upheld that in exercise of the powers given under Article 370, the President can issue a unilateral notification which requires approval from both the Houses of Parliament by a simple majority. The Supreme Court also upheld that when Article 370 has been abolished, so the Constitution of Jammu and Kashmir no longer exists. He said that the Supreme Court in its order has also given directions to the Election Commission to conduct elections. Shri Shah added thatas the Home Ministerhe himself has said the House to conduct elections. He said that the opposition has said that despite this decision, they believe that Article 370 has been removed wrongly. Shri Shah said that 42,000 people have been killed in Jammu and Kashmir because Article 370 gave impetus to separatism and due to this terrorism arose there. He said that when time proves that someone has taken a wrong decision, then one should correct same in the national interest and there is still time for this.

Union Home Minister said that weak and deprived section is a term that hurts the honour of any citizen. He said that Prime Minister Modi has taken the decision to add the Other Backward Classes in place of weak and deprived in this law. He said terrorism in Jammu and Kashmir began in 1989 and reached its peak resulting in thousands of displaced people, especially Kashmiri Pandits and Sikhs rendered destitute in their own country. He said that the entire country embraced these displaced Kashmiris. He said that 46,631 families were displaced from Kashmir and due to various efforts of the Modi government, 1,57,967 people have been registered so far. Shri Shah said that the Narendra Modi government is committed to providing justice to the displaced people, such people will be able to vote, contest elections and they can also become ministers in Jammu and Kashmir.

​ Shri Amit Shah said that in year 1947, 31,779 families were displaced from Pakistan occupied Kashmir to Jammu and Kashmir and out of these, 26,319 families started living in Jammu and Kashmir and 5,460 families in other parts of the country. He added that after the wars of 1965 and 1971, 10,065 families were displaced and overall 41,844 families were displaced. He said that through these bills, Prime Minister Shri Narendra Modi has done the work of nominating 2 seats for Kashmiri migrants and 1 seat for people displaced from Pakistan occupied Kashmir. He said that earlier there were 37 seats in Jammu which have now become 43, there were 46 seats in Kashmir earlier which have now become 47 and 24 seats of Pakistan occupied Kashmir have been kept reserved, because Pakistan occupied Kashmir belongs to India and no one can take it from us. Shri Shah said that for the first time in the history of Jammu and Kashmir, 9 seats have been reserved for Scheduled Tribes and seats have also been reserved for Scheduled Castes. He said that whenever there was a war and terrorists attacked, our Gurjar-Bakarwal brothers always raised the Tricolour of the country high and today after many years they are going to get justice. He said that three families who were enjoying Article 370 were blocking the rights of the Scheduled Tribes of Jammu and Kashmir. Shri Shah said that all the benefits will be given to the Bakarwal brothers with great sensitivity without taking away even a single seat of the Gurjar brothers.

Union Home Minister and Minister of Cooperation said that as far as even an inch of land of the country is concerned, the Modi government has and will always have a strict approach and we cannot have big heart on such issues. He said that no one has the right to sit as a silent spectator when the country's territory is lost just to show one's big heart. Home Minister said that those who know how India came into being after independence would know that there was a bigger problem in Hyderabad than in Kashmir, but did Jawaharlal Nehru go there or did Jawaharlal Nehru go to Junagadh, Lakshadweep or Jodhpur? He said that Jawaharlal Nehru had looked after the work of Jammu and Kashmir only and that too he left in the middle. Shri Shah said that more than 550 princely states merged with India, nowhere Article 370 was imposed, Nehru ji was looking after only Jammu and Kashmir, so why was it imposed only there? Regarding the delay in the merger of Kashmir, Shri Shah said that the Maharaja was requested to give special place to Sheikh Abdullah and that is why the merger got delayed and Pakistan got the opportunity to attack. Union Home Minister questioned the opposition that so many difficult states were merged, but why there is no Article 370. Shri Shah said that neither Junagadh, Jodhpur, Hyderabad nor Lakshadweep have Article 370. He said who put the condition of Article 370 and why there was a delay in sending the army, the opposition will have to answer this to the public.

Union Home Minister said that it is well known fact that if there had been no untimely ceasefire, there would have been no Pakistan Occupied Kashmir. He said that if we had waited for two more days at that time, the entire Pakistan Occupied Kashmir would have come under the Tricolour. Shri Shah said that firstly, the issue of Kashmir should not have been taken to the UN and even if it was taken, why was the matter taken under Article 51? He said that if this issue had been taken under Article 35, we would not have had any problem. Home Minister said that even after two decades if it would seem that the decision to remove Article 370 was wrong, then we would accept that it was our and our government's decision. Shri Shah said that Prime Minister Shri Narendra Modi has taken this decision and neither Shri Modi can step back from this decision, nor the cabinet and the party can step back from it. He said that responsibility for important decisions has to be accepted.

Shri Amit Shah said that the entire Kashmir and 2 crore tourists visiting Kashmir, lakhs of Amarnath pilgrims and devotees who visited Vaishno Devi unanimously say that the situation in Kashmir is good. Shri Shah said that more than 40,000 people were killed in Kashmir, many fathers carried their son's body on their shoulders for their cremation, many people could not even see their daughter's marriage and many sisters lost their brothers. Only people with a sensitive heart can feel their pain. Home Minister said that after formation of Shri Narendra Modi's government in 2014 and with the abrogation of Article 370, today the future of the youth of Kashmir is not black, rather the black board of the school has become their future. He said that Prime Minister Shri Narendra Modi has handed over laptops to the youth who used to roam around carrying stones. He said that there has been a change in Kashmir that now the people of Kashmir ignore those who talk about terrorism and separatism on the basis of Article 370 and talk about democracy and development.

Home Minister informed the House that he had said that after the abrogation of Article 370, the feeling of separatism will end in Kashmir and when the feeling of separatism will end, terrorism will also end gradually. Shri Shah said that the opposition feels that Prime Minister Shri Narendra Modi will correct their mistakes of the last 40 years in four years. Home Minister said that a total of 7,217 terrorist incidents took place in Kashmir from 2004 to 2014, but in the last 10 years from 2014 till now, only 2197 terrorist incidents have taken place. He said that there has been a 70 percent reduction in terrorist incidents in just four years of abrogation of Article 370. He said that from 2004 to 2014, a total of 2829 security personnel and civilians were killed in Kashmir, while from 2014 to 2023, 891 security personnel and civilians have lost their lives, which is 70 percent less than before.Shri Shah said that there has also been a 50 per cent reduction in deaths of security personnel. He said that in the year 2010, there were 2654 incidents of organized stone pelting, whereas in 2023, just four years after the removal of Article 370, not a single incident of stone pelting took place. In 2010, 112 civilians were killed in stone pelting, whereas in 2023 there was not a single incident of stone pelting, hence there is no question of any casualty. He said that 6235 citizens of the valley were injured due to stone pelting in 2010, but in 2023 this figure is zero. Shri Shah said that incidents of ceasefire violations were 70 in 2010 and only 6 in 2023. In 2010, there were 489 infiltration attempts whereas so far this year there have been only 48. He said that in the year 2010, the number of terrorists who fled the valley was 18, whereas in 2023 this number is 281.

Home Minister said that we have not only raised our voice against terrorism, but have also worked to destroy the entire ecosystem of terrorism. Besides, action has also been taken against those who finance terrorism. He said that during the government led by the Prime Minister Shri Narendra Modi, NIA registered 32 cases of terror financing, whereas before 2014, not a single case was registered. The State Investigation Agency registered 51 cases of terror financing whereas earlier the need for a State Investigation Agency was not felt. He said that so far 229 arrests have been made in terror financing cases, assets worth more than Rs 150 crore have been seized, 57 properties have been seized. Apart from this, NIA has done the work of freezing more than Rs 100 crore in 134 bank accounts.

Union Home Minister said that before 2014, a crowd of 25,000 people used to gather at the funerals of terrorists in Kashmir, but after the abrogation of Article 370 there are no such occurrences. He said that this has become possible because we have decided that after any terrorist is killed, he will be buried at the spot with full religious rituals. He said that the incidents of stone pelting also stopped because the government has decided that if any candidate has a case of stone pelting in his family, he will not be given a government job. The government has decided that if any member of someone's family while sitting in Pakistan encourages terrorism in India, then he will not get a government job. Home Minister added that if on the basis of telephone records it is proved that a person from someone's family is involved in promoting terrorism, then service rules have been made to dismiss him from the job.

Home Minister said that work has been done to secure the entire terrorism affected area through Zero Terror Plan and Complete Area Domination. He said that prisons were earlier bases, but Prime Minister Shri Narendra Modi's government has taken action to tighten the rules by installing jammers in jails.He said that a jail for terrorists is being built in Kashmir at a cost of Rs 105 crore, whose security cannot be compromised. He said that a message has also been given to those in the Bar Council who are sympathetic to terrorism. He said that a lot of steps have been taken for employment, passports and government contracts.

Shri Amit Shah said that terrorist attacks took place even during the time of our government. Terrorist incidents took place in Uri and Pulwama, but we gave them a befitting reply. We have no sympathy for terrorists. If terrorists lay down their arms and join the mainstream, they are welcome. He said that many people in the North East have laid down their arms and returned to the mainstream. Home Minister said that the government has taken many steps for the youth of Kashmir. Articles 370 and Article 35A not only did injustice to the people of Kashmir but also damaged the self-respect of the country. Shri Shah said that Shri Syama Prasad Mookerjee raised questions on the issue of two constitutions, two symbols and two heads in the country and resigned from the post of minister at that time. He agitated and died under suspicious circumstances. Shri Shah said that today he is happy that from the soldiers who sacrificed their lives for Kashmir to Syama Prasad Mookerjee, the soul of every person will be breathing a sigh of satisfaction after the end of two heads, two constitutions and two symbols from this country.

Home Minister said that today the historic decision of the Supreme Court has come on Article 370 and on behalf of 130 crore people, he welcomes this decision. He said that today one Constitution, one National Flag and one Prime Minister are in our country and now the dream of Shri Syama Prasad Mookerjee has come true. Shri Shah said that earlier there were two capitals and two courts in Kashmir and Rs 200 crore was spent annually, whereas now there is a central law which applies to Kashmir like the entire country. He said that for the first time, Prime Minister Shri Narendra Modi has done the work of giving recognition to Kashmiri, Dogri and Hindi. Under 35A, for the first time in Kashmir, Narendra Modi Government has done work of providing justice to the women of Kashmir, reservation in education or jobs, providing reservation to the ST community in the Assembly, implementation of the Right to Education Act in Kashmir, implementation of law to give fair compensation in land acquisition and rehabilitation, Forest Rights Act, Scheduled Castes and Tribes (Prevention of Atrocities) Actand Whistle blower Protection Act. He said that the Tricolour was hoisted at every house on January 26 at Lal Chowk. Theaters were not running in Kashmir for 30 years but now three theaters have become operational. In the last three years, 100 films have been shot in Kashmir. He said that the people of the country have now understood that the root of the Kashmir question lies in Jawaharlal Nehru's mistakes.

Shri Amit Shah said that Prime Minister Modi had promised this country from the ramparts of the Red Fort that the youth of Kashmir will never have to take guns and stones in their hands. They will have laptops and books in their hands and now the beginning of becoming a terrorism free new Kashmir has started. He said that when India becomes a developed nation, Kashmir will be at par with all the states of the country and tourists from all over the world will visit Kashmir.

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