Understanding the nuances of Art. 370In a post on social media platform X (formerly Twitter), Prime Minister Narendra Modi said: “Today we mark 5 years since the Parliament of India decided to abrogate Articles 370 and 35(A), a watershed moment in our nation’s history.
Let’s understand the revoked Art. 370 and it’s uniqueness.
Picture Credit: Business Standard
Article 370:
1.Article 370 in the Indian constitution gave special status to Jammu and Kashmir, a region disputed by India, Pakistan and China.
2.It was drafted by N Gopalaswami Ayyangar, a member of the Constituent Assembly of India, and was added to the constitution as a ‘temporary provision’ in 1949.
3.It allowed the state to have its own constitution, flag and autonomy over most matters except defence, foreign affairs and communications.
4.It was based on the terms of the Instrument of Accession, which was signed by the ruler of Jammu and Kashmir, Hari Singh, in 1947 to join India after an invasion by Pakistan.
Repeal of Art. 370:
Presidential Order: In the 2019 Presidential orders, Parliament brought a provision giving new meaning to “constituent assembly of Jammu and Kashmir”, to mean “Legislative Assembly of Jammu and Kashmir”, and then assumed the powers of the Legislative Assembly through the President’s rule to revoke Article 370.
By Resolutions of Parliament: Concurrent resolutions were passed by both houses of the Parliament, the Lok Sabha and the Rajya Sabha, on 5th and 6th August 2019, respectively. These resolutions revoked the remaining provisions of Article 370 and replaced them with new provisions.
Enactment of Jammu and Kashmir Reorganisation Act: The Jammu and Kashmir Reorganisation Act, 2019, was passed by Parliament on 5th August 2019. This act bifurcated the state of Jammu and Kashmir into two Union Territories: Jammu and Kashmir and Ladakh.
Supreme court verdict on Revokement
Of Art. 370 :
-On 11 December 2023, a Constitution Bench of the Supreme Court unanimously upheld the power of the President of India to abrogate Article 370 of the Indian Constitution.
-This abrogation in August 2019 led to the bifurcation of the erstwhile state of Jammu & Kashmir into two Union Territories of J&K and Leh and also denuded the state of its special privileges.
–The top court said that Article 370 was only a temporary provision to facilitate the accession of the erstwhile princely state to the Union of India during a time fraught with internal strife and external aggression
-The judgement was passed by a five-judge constitution bench comprising Chief Justice of India DY Chandrachud.
Since Presidential Order of August 5 has extended all the provisions of the Constitution to Kashmir, the Fundamental Rights chapter has now been extended and therefore some discriminatory provisions of Article 35-A may not be in accordance with prescribed Rules.
Therefore the President can also declare this to be inapplicable.
Need to Abrogation of Art. 370
1.As Sc also held that the provision was introduced to “deal with the special circumstances in the State.” At the time of the dissolution of the Constituent Assembly, these special circumstances persisted, requiring the continuation of Article 370. But now it is no more required.
2.Integration: One of the primary reasons cited for the abrogation was to integrate the state of J&K more fully with the rest of India.
3.Development: By revoking Article 370, the Indian government aimed to promote economic growth, infrastructure development, and job creation in the region, bringing it at par with other states in India.
4.Equality and Rights: Article 35A was criticized for being discriminatory and which prevented the full integration of the region’s residents with the rest of the country.
5.Security Concerns: The special status of J&K had been used to justify separatist movements and provided a legal framework for separatist sentiments.
Challenges Associated with Abrogation of Article 370
1.Security Concerns: Some people express concerns about security. The removal of Article 370 has instilled fear among certain sections of the population regarding their safety and stability.
2.Local Autonomy Eroded: The special status granted by Article 370 provided a degree of autonomy to Kashmir. Its removal has led to concerns about the erosion of local decision-making power
3.Social Unrest: The abrogation triggered protests and unrest in the region. Some Kashmiris felt their identity and rights were threatened, leading to tensions and clashes.