Smart Move for integrating the State of J & K by Modi Government - neutralising Article 370 without abrogating it

Amit Shah's (or his team's) finesse in making the moves he announced on 5th August, 2019 in the Rajya Sabha at 11:00 consisted of the following:

1) Achieved effects of abrogating Article 370 without actually abrogating it; this has been done through the instrument of a Presidential notification (foot-note #1) by just substituting few words - "Legislative Assembly of the State" for "Constituent Assembly of the State", and "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" etc. - which require only a simple majority in LS and RS for ratification; unlike abrogation which would have required super majority (2/3rd) in LS and RS and 50% of Legislative Assemblies' consent!

2) Adequate security preparation to preempt riots or violent protests in J&K and

3) Creating two Union Territories from the J&K State for better control - until such time that "normalcy" returns or such time that Supreme Court overrules this action (I believe such constitutional challenge in SC takes 2 to 3 years to resolve)!!

Now, going forward, what is needed is easy for BJP to do:

1) Modi to address the nation - an emotional speech invoking Nationalism and painting the opposition (those who are against neutralising of 370) parties as "traitors" - his address is scheduled for 7th August, i.e. tomorrow.

2) Manage preservation of relative peace in J&K - no riots or violent protests must be allowed to occur (this requires heavy security presence and superior intelligence compared to typical communal riots - at present it is estimated between 400K and 500K security forces are present in J&K) and

3) Unambiguously portray the action of neutralising of Article 370 as an internal matter of India - International community or UN are expected to agree to this stance of India.

I had felt for a long time that knocking out discriminatory provisions like Articles 370 or 371 etc. have been falsely perceived to be very risky steps - the fears were grossly exaggerated much like the Y2K bug was at the turn of the century! After all, Nehru had annexed Goa and nothing untoward had happened. India is a big country and if its security is adversely affected in any geography within its borders, then surely no country is going to object to India taking suitable action in that region. J&K was militarily under India's control, what was missing was constitutional control. Thanks to some guts and wit shown by BJP leadership, this is happening now. Though the idea of obtaining consent from the Governor; presently J&K is under President's rule - which is same as Centre's rule, instead of the Legislative Assembly is bound to be challenged in court, just as much as the idea of converting a State into a UT, Amit Shah, should be given 9/10 if not, 10/10 as a the Home Minister for pulling off this coup of sorts. Modi and Shah are expected to go to town with their accomplishment. The opposition to neutralising of Article 370 may well disappear after a few months of campaigning by Modi and Amit Shah so much so that even its abrogation requiring super majority may work equally well, just in case the Supreme Court over turns everything in the President's notification of 5th August, 2019.  

All Indians, including Kashmiris, have paid a big price for carrying the Article 370, well past its sell date, all these years. It has cost over 45K human lives in 29 years (see foot-note #2) and stunted the progress of a whole generation in J&K. Now onwards this should change. Good for India and Kashmiris.

#1 Presidential Notification:

MINISTRY OF LAW AND JUSTICE
(Legislative Department)

NOTIFICATION
New Delhi, the 5th August, 2019
G.S.R .551(E).- the following Order made by the President is published for general information:-
THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 2019
C.O. 272
In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of State of Jammu and Kashmir, is pleased to make the following Order:-
1. (1) This Order may be called the Constitution (Application to Jammu and Kashmir) Order, 2019.
(2) It shall come into force at once, and shall thereupon supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time.
2. All the provisions of the Constitution, as amended from time to time, shall apply in relation to the State of
Jammu and Kashmir and the exceptions and modifications subject to which they shall so apply shall be as follows:-
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"."

#2 Cost of Human Lives in Kashmir since 1990 (from TOI of 6th Aug'19)