To what extent is Article 370 of the
Indian Constitution, bearing marginal
note “temporary provision with respect
to the State of Jammu and Kashmir”,
temporary? Discuss the future
prospects of this provision in the
context of Indian polity.

GS 2
Indian Polity
2016
12.5 Marks

Subject: Indian Polity

Article 370's temporary nature has been a subject of significant constitutional discourse, especially after its abrogation in 2019 and the subsequent Supreme Court verdict in December 2023 that upheld its revocation, marking a pivotal moment in Indian constitutional history.

Historical Context and Temporary Nature

  • The Article 370 was incorporated as a 'temporary and transitional provision' in Part XXI of the Constitution dealing with "Temporary, Transitional and Special Provisions".

  • The temporary character is evident from its:

    • Placement in Part XXI of the Constitution.
    • Explicit use of term "temporary" in the marginal heading.
    • Original intent to facilitate J&K's integration with India.

Legal Position Post-2019

  • The Supreme Court's 2023 verdict established key positions:
    • Confirmed Article 370's temporary nature.
    • Validated that J&K did not retain internal sovereignty post-accession.
    • Upheld the constitutional validity of its abrogation.

Future Prospects

  • Political Integration:

    • Directive for Assembly elections by September 30, 2024.
    • Mandate for restoration of statehood at an appropriate time.
  • Governance Framework:

    • Implementation of central laws directly.
    • Enhanced administrative coordination with the Centre.
  • Development Initiatives:

    • Focus on infrastructure development and economic integration.
    • Implementation of welfare schemes at par with other states.

Challenges and Way Forward

  • Trust Building:

    • Need for inclusive governance.
    • Regular democratic processes.
    • Transparent administration.
  • Security Concerns:

    • Maintaining peace and stability.
    • Addressing cross-border terrorism.

The Supreme Court's verdict has conclusively settled the temporary nature of Article 370, paving the way for complete integration of J&K with the Indian Union. The future prospects now depend on successful implementation of development initiatives, security measures, and the restoration of democratic processes through Assembly elections and eventual statehood, marking a new chapter in Indian polity.

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