Introduction
In a watershed moment on August 5th and 6th, 2019, the Union government embarked on a historic journey by repealing Article 370, fundamentally altering the trajectory of Jammu and Kashmir.
Understanding Article 370
Article 370 of the Indian Constitution served as a provisional measure, conferring special status upon the State of Jammu and Kashmir. Its temporary nature stemmed from the fact that the Constituent Assembly of Jammu and Kashmir held the authority to amend, remove, or retain it. The provision was explicitly intended to be temporary until a plebiscite could be conducted to gauge public opinion.
This particular constitutional autonomy granted to the state finds its roots in Article 370, which is part of Part XXI of the Constitution titled "Temporary, Transitional and Special provisions." Under this section, Jammu and Kashmir was accorded a unique and temporary status. The inclusion of Article 370 in the Indian Constitution occurred on October 17th, 1949, marking a significant moment in the constitutional history of the nation.
Historical Context
The roots of Article 370 trace back to the accession of Jammu and Kashmir to the Dominion of India in 1947 after Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir, signed the Instrument of Accession on October 26, 1947. The unique circumstances surrounding the state prompted the creation of this provisional provision, offering a level of autonomy unparalleled in other Indian states. However, the ambiguity persisted, as the Jammu and Kashmir Constituent Assembly dissolved without a decisive stance on the abrogation or revision of Article 370.
Article 35A
Article 35A, stemming from Article 370, held a unique position within the Indian Constitution, residing solely in Appendix I rather than the main body. Both articles, until their removal in August 2019, granted the state of Jammu and Kashmir and its residents distinct privileges and rights.
PM Nehru and Maharaja Hari Singh selected Sheikh Abdullah as the drafter of Article 35A. The transformative Constitution (Application to Jammu & Kashmir) Order, 2019, spearheaded by Union Home Minister Amit Shah, was officially published in the Official Gazette of India on August 5, 2019. This directive mandated that Jammu and Kashmir must adhere to all articles of the Indian Constitution, leading to the suspension of the state's own constitution. Simultaneously, the state's Ranbir Penal Code was replaced by the Indian Penal Code (IPC), 1860, following a Presidential decree in 2019.
Remarkably, the amendment process circumvented the conventional route provided by Article 368, as the government opted for Clause 3 of Article 370, thereby sidestepping the standard amending procedure.
Article 35A had granted exclusive privileges and rights to permanent residents of Jammu and Kashmir, encompassing property acquisition, preferential treatment in public sector employment, and other benefits. However, the Jammu and Kashmir Reorganization Act of 2019 led to the repeal of Article 35A. Consequently, with the abrogation of Article 370, the Central Government no longer needed approval from the state's government to enforce laws. The repeal rendered Article 35A ineffective, eliminating any differentiation between permanent residents of Jammu and Kashmir and the rest of the state's citizens.
Advantages of Article 370 Repeal
The repeal of Article 370 ushered in a new era for Jammu and Kashmir, presenting a plethora of advantages that extend far beyond mere constitutional changes.
Integration with India: The removal of Article 370 facilitated the complete integration of Jammu and Kashmir into the Indian Union, eliminating the dual citizenship status and aligning the region with the Indian Constitution. Thus ensuring the continuity of the slogan, ‘one nation, one constitution’.
Economic Development: The lifting of restrictions encouraged private investment, industrialization, and job creation, addressing the longstanding issue of limited economic opportunities in the region. The region now stands poised for economic growth, with locals benefiting from new job opportunities and economic prosperity.
Boost to tourism: The tourism sector, previously constrained by special provisions, witnessed increased investment, leading to the development of infrastructure and attracting national and global players. Film shootings, adventure tourism, and religious tourism are expected to burgeon, fostering cultural exchange and economic growth.
Education and Healthcare: The application of progressive central laws in education and healthcare is expected to revolutionize these sectors, providing equal opportunities for all and potentially making Jammu and Kashmir a hub for medical tourism. The removal of barriers to education and healthcare access promises a brighter future for the youth and the entire population.
Empowerment of Vulnerable Sections: The repeal of Article 370 ensured the extension of various constitutional rights and protections to marginalized groups, including Scheduled Tribes, Backward Castes, and West Pakistan Refugees. This inclusivity is a significant stride towards a more equitable society.
Local Governance Strengthened: The application of the 73rd and 74th Constitutional Amendments empowered local self-governing institutions, promoting grassroots democracy and ensuring direct funding for developmental priorities. This decentralization of power is anticipated to foster community-led development, addressing local needs more effectively.
Transparency and Accountability: The applicability of anti-corruption laws and oversight by central agencies is expected to reduce corruption, ensuring that funds allocated for development reach the intended beneficiaries. The increased transparency and accountability promise a more efficient and equitable distribution of resources.
Laws & Amendments: Earlier constraints on the applicability of Central Laws to Jammu and Kashmir have been lifted. Now, 106 people-friendly laws and nine constitutional amendments of the Indian Constitution are to be made applicable. This includes progressive legislation such as the Right to Education, Maintenance & Welfare of Parents & Senior Citizens Act, 2001, and acts for the benefit of Women, Children, and the Disabled. The application of these laws is poised to positively impact the most vulnerable sections of the population.
Pakistan’s reaction to the move
Following August 6th, Pakistan responded vehemently to India's actions concerning Article 370. Expressing strong disapproval, Pakistan issued official statements condemning the move and took decisive measures such as the suspension of cultural exchanges, trade relations, and public transport links. Furthermore, diplomatic relations were downgraded.
Pakistan's Prime Minister drew parallels between India's actions and Nazi practices, accusing them of engaging in ethnic cleansing to alter the demographics of Kashmir. Seeking international intervention, Pakistan approached the UN Security Council and declared its intention to bring the matter to the International Court of Justice. As part of their response, Pakistan updated its political map, asserted territorial claims, and observed a "Day of Exploitation" on August 5, 2020, in solidarity with the people of Kashmir.
Conclusion
The repeal of Article 370 marks a defining moment in the history of Jammu and Kashmir. Beyond the immediate political implications, the economic, social, and cultural ramifications are immense. While challenges persist, the potential for inclusive development, increased opportunities, and enhanced integration with the rest of India signifies a new dawn for the people of Jammu and Kashmir.
The transformative journey from special status to full integration has set the stage for a brighter and more prosperous future for this historically significant region. The resilience and aspirations of the people, coupled with progressive policy changes, promise a path of development and prosperity.
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