Jammu & Kashmir Assembly passes resolution seeking restoration of special status
Introduction to the Article 370 of the Indian Constitution
Article 370 of the Indian Constitution granted Jammu and Kashmir (J&K) special autonomous status under Part XXI, allowing it a separate constitution, flag, and control over internal matters, while the Indian government managed defence, foreign affairs, finance, and communications. This article limited Indian law applicability within J&K. On August 5, 2019, the Indian government abrogated Article 370, ending J&K’s special status and reorganizing it into two Union Territories: Jammu and Kashmir, and Ladakh. On December 11, 2023, the Supreme Court upheld this decision, affirming the end of J&K's special status, a pivotal event in India's political history and its relationship with the region.
Overview of the accession of Jammu and Kashmir into the Indian Union
Partition and Independence (1947): Upon the 1947 partition of British India, princely states could join India or Pakistan based on geography, demographics, and rulers' wishes. Jammu and Kashmir (J&K), with a Muslim-majority population and Hindu ruler Maharaja Hari Singh, became a point of dispute between India and Pakistan.
Accession to India: Initially seeking independence, Maharaja Hari Singh signed the Instrument of Accession to India in October 1947 for military aid against Pakistani tribal invaders, integrating J&K into India.
India’s Acceptance: The Governor-General of India, Lord Mountbatten, accepted the accession, enabling Indian troops to defend J&K.
United Nations Intervention: Pakistan raised the issue with the UN, leading to a ceasefire and establishing the Line of Control (LoC) dividing Indian- and Pakistani-administered regions.
Article 370: In 1949, Article 370 was added to the Indian Constitution, granting J&K special autonomous status as part of the accession arrangemen.
Key Factors Behind the Inclusion of Article 370:
Instrument of Accession: Maharaja Hari Singh signed the Instrument of Accession, aligning J&K with India. Article 370 was introduced as a temporary provision to honor the terms of this accession.
Preservation of Autonomy: J&K’s leaders sought assurances of autonomy and special status due to the region's unique cultural, religious, and political identity.
Negotiated Agreement: Article 370 resulted from discussions between J&K leaders and the framers of the Constitution, balancing the region’s needs with India’s governance structure.
Temporary Provision: The article was intended as a temporary measure, with J&K’s special status expected to gradually reduce as the state integrated further with India.
Historical context of Article 370
The history of Article 370 spans several decades, beginning with its inclusion in the Indian Constitution in 1949 and culminating in its abrogation in 2019.
Key Events and Developments:
1949 (Incorporation in the Constitution): Article 370 was introduced to grant Jammu and Kashmir special autonomy within India, addressing the conditions of its 1947 accession.
1950s-1960s (Extension of Indian Laws): Presidential orders extended various provisions of the Indian Constitution to Jammu and Kashmir, including laws on citizenship, fundamental rights, and directive principles.
1954 (Fundamental Rights and Special Privileges): The 1954 Constitution (Application to Jammu and Kashmir) Order extended Part III (Fundamental Rights) and introduced Article 35A, allowing the state legislature to define "permanent residents" and grant them special privileges.
1960s-1980s (Political Strains): Tensions between the central government and Jammu and Kashmir's state government grew, particularly over autonomy, governance, and political representation.
1980s-1990s (Insurgency and Security Challenges): The rise of armed insurgency in the late 1980s, fueled by political discontent and economic inequalities, led to widespread violence, resulting in over 40,000 deaths.
2019 (Abrogation of Article 370): On August 5, 2019, the Indian government abrogated Article 370, revoking Jammu and Kashmir's special status, and the Jammu and Kashmir Reorganisation Act, 2019 split the state into two Union Territories: Jammu and Kashmir, and Ladakh.
Credits: Times of India
Article 35A
Article 35A of the Indian Constitution, introduced in 1954 through a Presidential Order, empowered the Jammu and Kashmir legislature to define "permanent residents" and grant them special rights and privileges. It was not directly enshrined in the Constitution.
Special Rights for Permanent Residents: The J&K legislature could define permanent residents and grant them exclusive rights, including:
Restricted Rights for Others: People who weren’t classified as permanent residents had limited rights in J&K compared to Indian citizens elsewhere.
Abrogation of Article 35A: In 2019, the Indian government revoked Article 35A along with Article 370, which granted special autonomous status to J&K.
Process of Abrogation of Article 370
The abrogation of Article 370 and Article 35A involved key legal, constitutional, and political steps:
Presidential Orders: On August 5, 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019, modifying Article 370 and replacing the 1954 Presidential Order.
Parliamentary Approval: Simultaneously, the Government of India introduced resolutions in Parliament and passed the Jammu and Kashmir Reorganisation Bill, 2019, which bifurcated the state into two Union Territories: Jammu and Kashmir, and Ladakh.
Credits: India Today
Presidential Assent: After the bills passed in Parliament, they were sent to the President of India for approval. Upon receiving the President's assent, the bills became law, resulting in the Jammu and Kashmir Reorganisation Act, 2019.
Credits: The Hindu
Need of Abrogation of Article 370
The abrogation of Article 370 and Article 35A was driven by several factors:
Integration: The goal was to fully integrate Jammu and Kashmir with India, ending its special status and ensuring uniformity with other states.
Development: The move aimed to boost economic growth, improve infrastructure, and create job opportunities in the region.
Equality and Rights: Article 35A, granting special privileges to residents, was criticized for being discriminatory and hindering integration with the rest of India.
Security Concerns: The special status was seen as fueling separatist movements, and its removal was believed to help address security challenges.
Political Will: The decision reflected the government's commitment to its electoral promises, asserting a strong vision for national unity and development.
Positive Impacts of Abrogating Article 370
Integration with India: It facilitated Jammu and Kashmir's full integration into India, aligning the region with the national legal and constitutional framework.
Unified Constitution: The region was brought under a single, unified constitution, promoting national unity.
Economic Opportunities: The removal allowed Indian citizens to invest and purchase land, driving economic growth, job creation, and improved education prospects.
Equal Rights: It ensured equal rights for all Indian citizens, eliminating distinctions in areas like employment and property rights.
Infrastructure Development: The move enabled better infrastructure development in sectors such as roads, bridges, and healthcare.
Increased Tourism: Tourism saw significant growth, benefiting the local economy and showcasing the region's attractions.
Educational Reforms: Integration with the national education system improved access to a wider range of institutions and courses for Kashmiri students.
Gender Equality: The repeal of Article 35A ended discriminatory provisions, granting women equal property and inheritance rights.
Decline in Violence: Violence in the region reduced significantly, with terrorist incidents dropping by over 50%, and more than 300 militants neutralized in the past four years.
Challenges Associated with Abrogation of Article 370
Strained Relations: It worsened India-Pakistan relations, with Pakistan downgrading diplomatic ties, expelling the Indian High Commissioner, and suspending trade.
Practical Difficulties: The sudden shift disrupted established governance systems and legal frameworks, creating practical challenges.
Security Concerns: The change raised fears of unrest and instability, with civilian fatalities increasing in 2019, highlighting security risks.
Local Autonomy Eroded: The removal of special status diminished local governance and decision-making powers, reducing the region's political autonomy.
Social Unrest: Protests and unrest erupted, especially among some Kashmiri groups who felt their identity and rights were threatened, leading to widespread tensions and clashes.
Recent Developments Related to Article 370
The Supreme Court's verdict on December 11, 2023, included the following key points:
Upheld Abrogation: The Court affirmed the 2019 decision to revoke Article 370, ending Jammu and Kashmir's special status.
Temporary Provision: It clarified that Article 370 was not meant as permanent and could be modified through a Presidential order.
Validation of Jammu and Kashmir Reorganisation Act: The Court upheld the 2019 Act, which divided the state into two Union Territories: Jammu & Kashmir and Ladakh.
Statehood and Elections: The Court emphasized restoring statehood to J&K and suggested elections should be held by September 2024.
Federalism Concerns: Justice Kaul raised concerns about bypassing the state legislature during the abrogation, warning of potential implications for federalism.
Way forward
Addressing Security Concerns:
Normalization: The focus must be on resolving security issues, ensuring civilian safety, and creating a peaceful environment to enable normalcy to return.
Human Rights: Potential human rights violations during the transition need to be addressed. Independent investigations and accountability measures are necessary for restoring faith in governance.
Long-Term Integration:
Economic Development: Prioritizing economic growth, job creation, and infrastructure improvement in Jammu and Kashmir is essential for integrating the region with the rest of the country.
Social Cohesion: Promoting social cohesion between diverse communities in Jammu and Kashmir requires continued efforts. Initiatives like Operation Sadbhavana by the Indian Army, aimed at building trust and fostering dialogue between the army and local civilians, are examples of such efforts.
Addressing Grievances: Listening to and addressing any grievances from the local population about the abrogation of Article 370 can foster trust and a sense of inclusion.
Open Communication: Open and transparent communication between the central government, state authorities, and the people of Jammu and Kashmir is essential for building trust.
Monitoring the Situation:
Constantly monitoring the situation in Jammu and Kashmir, including human rights concerns, and adapting policies accordingly will ensure a smooth and successful transition back to full statehood.
Conclusion
Challenges such as security concerns, social unrest, and unresolved grievances persist. Moving forward, restoring normalcy, promoting economic development, and fostering social cohesion in Jammu and Kashmir are crucial. The principle of Ek Bharat Shrestha Bharat should guide efforts to strengthen ties between J&K and the rest of India. By embracing diversity, encouraging dialogue, and addressing the needs of all stakeholders, India can work towards a united and prosperous future.
.png)
