Article 370 and its evolution

31st January, 2024 - 6:37 am Categories: Constitutional Law News & Updates 0 Comments

INTRODUCTION

After around 200 years, the British departed India in 1947 and proclaimed it an independent nation. However, five northern Indian provinces were designated as west Pakistan and east Bengal as east Pakistan following that, entirely altering the country’s map. India has a number of issues following the split that were linked to violations of human rights. According to numerous historians, it was India’s greatest post-colonial loss. The unification of the 565 distinct provinces that were ruled by monarchs presented our freedom fighters with one more task after the division. The iron man of India, Sardar Vallabhbhai Patel took the major duty to master numerous obstacles to unite all divided provinces of India. He offered all the rulers mainly two choices either they could unite with India or form their own independent nation, the situation was very critical so, all the monarchs chose to unite with India, except the ruler of Kashmir Raja Hari Singh, the plans of Raja Hari Singh were to be independent and make Kashmir as a Switzerland of east. Since religion served as the foundation for the country’s partition, the Indian government accepted Hari Singh’s judgement, but the Pakistani government did not. One of the liberation fighters, Muhammad Ali Jinnah, aspired to build Pakistan, his own country for Muslims. Pakistan’s army started war on Kashmir in 1965 in an attempt to seize it after hearing Hari Singh’s decision. Since the majority of people living in the region were Muslims, Pakistan attempted to conquer Kashmir. In return for the assistance India’s government requested to unite Kashmir with India, Raja Hari Singh enlisted the aid of the Indian army to respond against the onslaught. Although Raja Hari Singh due to violence and location of Kashmir was moreover as a buffer state between the India and Pakistan decided to unite with India. Also, it was agreed that Kashmir would receive special status in accordance with article 370.

BLOG

Jammu and Kashmir, which is part of the larger region of Kashmir and is located in the northern part of the Indian subcontinent and can be considered the head of state, received a special status under Article 370 of the Constitution of India. the region has always been at the centre of dispute between China, Pakistan and India on the Asian continent since 1947. From 1952 to 31 October 2019, Jammu and Kashmir ruled as a state in India… Article 370 granted it the authority to establish its own constitution, state flag, and internal administrative autonomy. Moreover, the jurisdiction of the Indian government was restricted to the fields of communications, defence, and external affairs by Article 370. Following this, the Indian President issued the 1954 Constitution Order, which gave the state’s citizens citizenship rights. An amendment was also made to include Article 35A in the Constitution, which empowers the State Assembly of Jammu and Kashmir to determine domicile and related privileges. According to Section 35 A, persons who were classified as nationals on May 14, 1954, or persons who lived in the country for ten years and legally acquired real estate from the state, were recognized as permanent residents. The law, approved by a two-thirds majority, empowered the state legislature of Jammu and Kashmir to change both the definition of a permanent resident and the benefits applicable to them. The Article also state which rights were not available for the non-permanent residents. In the state of Jammu and Kashmir, non-permanent residents are not allowed to work in the state government or own property in the territory of Jammu and Kashmir. They are also not allowed to enrol in any educational institution run by the government. People who oppose Article 35A argue that it is in conflict with Article 14 of the Constitution, which provides that all citizens have equal legal rights and privileges, whether they are permanent residents of Jammu and Kashmir or not. On 6 August 2019, the BJP government invoked a clause contained in Article 370(3), which means that notwithstanding any earlier provisions of this Article, the President can publicly declare that this Article is repealed. or it shall have effect only with such exceptions and modifications and from such date as it may fix for the repeal of Article 370, but it shall have effect only by joint decision of the Central Government and the Government of the State of Jammu and Kashmir. , but not be the Government of the State of Jammu and Kashmir, and under Article 356 apply to the President’s power, so technically the president has the power that the Jammu and Kashmir government has, so the president can declare Article 370 null and void .After Article 35A was also repealed in the state of Jammu and Kashmir. Some supporters argue that the situation will benefit Indians as well as the citizens of Jammu and Kashmir because it is portrayed that once Article 370 is removed, all Indians will be able to buy land there and that will technically attract investment to the valley. The high demand for real estate in the state is driving up the real estate prices and raising the standard of living of the people of Jammu and Kashmir. Education in the valley needs improvement because other Indians can take leave and educational scholarships from the state of Jammu and Kashmir after leaving, also government jobs are open to all Indian citizens in the valley, which increases job opportunities in India. and it contributes to the development of the country. In the state of Jammu and Kashmir, the main problem was the problem of terrorism and crime, teenagers can influence terrorist groups, thanks to the economic development of the valley, it increases local job opportunities and reduces the number of crimes. crimes and terrorism. After the transfer, the citizens of Jammu and Kashmir are now covered under the Constitution of India to enjoy various benefits like right to education, right to freedom of speech and various programs of the Government of India.

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There was an incident in Kashmir related to Kashmiri pandits in 1989 called 1989 insurgency, in which great majority of Kashmiri pandits felt threatened and left the valley for other parts of India after the removal maybe the Kashmiri pandits will return to their home town. There is also a reason if there will be one constitution and one flag this will impact the Kashmiri’s psychologically toward the India and they will feel connected with the rest of the nation.

People who argue against the removal of article 370 says that, in the decision of the removal the Indian government acted upon its will and have not asked to the people and government of the Kashmir, many troops were deployed in the valley and internet were shut down by the Indian government. Even some of the Kashmir’s politician were kept under the house arrest, even some of the people tell this removal as an illegal occupation and compare this with the fascism. Army was deployed and it violate the rights of the people of Kashmir and tell this incident as unconstitutional.

After the removal of article 370, the state of Jammu and Kashmir is divided into two union territories, one is the Jammu and Kashmir and second one is Ladakh. Basically, in the union territories of India despite being a elected government of the UT. There is more influence of the central government because the final decision-making body in the union territories is the centre, this is also a reason of criticising the decision of the government after the removal of article 370.

Result of the removal of article 370 after 4 years, after the removal even after one year the internet was shut down there and even 4G internet was introduced in 2021 after the ban in the year 2019. After the lockdown Kashmir economy faced 15,000 crore loss even the valley lost jobs, tourism was also hampered. Even after 4 years we cannot see major economic projects and development happening in the valley. Still people of Kashmir are not connecting with the rest of India. Even there is still the killings of Kashmiri pandits left the valley is happening. Various terrorist group is still operating in the valley and there is also various human rights violation. Still assembly election is not happening in the Union territory and there is still rule of the president. Freedom and rights that was promised by the Indian government is not given to the people of the Kashmir. In my opinion the decision of the removal of article 370 was good but effective implementation was needed, as we know that after the removal itself the outbreak of corona virus happened and then it impacted the development of the whole world.

CONCLUSION

It is still hotly debated whether Article 370 should be repealed in 2019. Proponents highlight its potential for supporting national unity and economic integration, while opponents draw attention to its unilateral implementation, human rights abuses, and lack of substantive progress. The evaluation of its long-term effectiveness depends on these concerns being addressed and the promised benefits being effectively delivered, ensuring real progress and inclusion for the people of Jammu and Kashmir.

Author: Abhiket Anand, in case of any queries please contact/write back to us via email chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

REFERENCES

• scobserver.in
• aljazeera.com
• thehindu.com
• pib.gov.in
• constitutionofindia.net
• jstor.org