January 13, 2024

The State of Jammu and Kashmir was granted special status by a transitory clause found in the Indian Constitution known as article 370. This article was only meant to be temporary until a plebiscite was performed to determine the wishes of the general people. The Constituent Assembly of Jammu and Kashmir had the authority to amend, remove, or keep it.

 On the other hand, there has been a great deal of discussion lately over this Article’s temporary status. The government and the judiciary have often asserted that they are long-term provisions.

what is article 370 in simple words?

  • The Indian constitution’s Article 370 granted Jammu and Kashmir, a territory that is claimed by China, Pakistan, and India, unique status.
  • The unique autonomy and legislative authority of the state of Jammu and Kashmir, as well as its capacity to enact laws for its permanent citizens, are recognized by Article 370.
  • N Gopalaswami Ayyangar, a member of the Indian Constituent Assembly, wrote it, and it was included in the constitution in the year 1949 as a “temporary provision.”
  • With the exception of defense, foreign policy, and communications, it gave the state permission to have its own constitution, flag, and degree of autonomy over most issues.
  • It was based on the terms of the 1947 Instrument of Accession, which Hari Singh, the ruler of Jammu and Kashmir, signed to join India after Pakistan’s invasion.

when was article 370 implemented?

  • The first draft of Article 370 was supplied by the Government of Jammu & Kashmir. After being revised and negotiated, Article 306A (later renamed Article 370) was finally adopted on May 27, 1949, by the Constituent Assembly.
  • The person who moved the resolution stated that even if accession had been completed, India had offered to hold a plebiscite when the necessary conditions were satisfied and that if accession was not confirmed, “we shall not stand in the way of Kashmir divorcing herself from India.”
  • On October 17 of 1949, when Article 370 was finally inserted into the Indian Constitution and implemented by India’s Constituent Assembly, Ayyangar reiterated India’s commitment to a referendum and the establishment of a separate constitution by the Constituent Assembly of J&K.

article 370 removed by which amendment?

  • The President of India issued The Constitution (Application to Jammu and Kashmir) Order, 2019 on August 5, 2019, making the Jammu and Kashmir Constitution infructuous.
  • On August 5, 2019, the Jammu and Kashmir Reorganization Act of 2019 was approved by Parliament. The state of Jammu and Kashmir was divided into two Union Territories by this act: Jammu and Kashmir and Ladakh.

removal of article 370 and 35a

article 370 removal date is August 5 and 6, 2019, the two days battle. The Union government removed Jammu and Kashmir’s special status and abolished Article 370 over the course of two days.

Reasons behind removal of article 370 and 35a:

  • Impeded the Development of Jammu and Kashmir: Article 370 created a sense of separatist and impeded the development of Jammu and Kashmir, making it more difficult for the region to fully integrate into the Indian Union. It was thought that J&K residents would have better access to opportunities, infrastructure, and resources with full integration.
  • Discrimination Among the Vulnerable Groups: In Jammu and Kashmir, women, Dalits, and other vulnerable groups faced discrimination under Article 370. As a result of the abrogation, they would be subject to Indian law and enjoy equal rights and opportunities.
  • Encouraged Terrorism: Pakistan took use of Article 370 to encourage secession and terrorism in the area. The abrogation will enhance national security by providing the Indian government more control over the region and the capacity to toughen sanctions against terrorist activities.
  • Not Accountable: The government of Jammu and Kashmir was not opaque and not accountable because of Article 370. The abrogation will put the state under the authority of the Right to Information Act and the Central Vigilance Commission, leading to improved governance and accountability.
  • Impediment of Economic Progress: Jammu & Kashmir’s economic progress was impeded by Article 370. The abrogation would enable more investment, tourism, as well as job creation in the region. In addition to upholding the fundamentals of “Ek Bharat, Shreshtha Bharat,” the recent ruling by the Supreme Court has also served as a potent reminder of the value of cooperation and a shared commitment to good governance. This ruling demonstrates the court’s dedication to upholding the principles that characterize our society and bolstering the foundation of our country.

The Way Ahead

  • To improve Kashmir, a ten-year strategy for job, education, and employability has to be implemented.
  • The Gandhian Road of nonviolence and peacemaking ought to be followed in order to resolve Kashmir’s legitimacy issue.
  • The government might start a broad outreach effort for all Kashmiris, which would help to lessen the issues arising from the Action on Article 370.
  • In this regard, the Kashmiriyat, Insaniyat, and Jamhooriyat (Kashmir’s inclusive culture, humanitarianism, and democracy) approach proposed by Atal Bihari Vajpayee ought to serve as a pillar of the forces promoting state reconciliation.

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