Validity of Scrapping of Article 370 of Indian Constitution

By Loveleen Goswami 11 Minutes Read

“If there is a heaven on Earth It is here… It is here… It is here…”
-Jahangir^[1]

Introduction

Kashmir has always been accepted as the heaven of the earth owing to its natural beauty. The region is located in the North western part of the Indian Subcontinent and includes the Indian State of Jammu and Kashmir and also the regions of Baltistan and Azad Kashmir of Pakistan. The region of Aksai Chin and Trans- Karakoram of China are also situated here. The United Nations currently refers this region to be as Jammu and Kashmir^[2]. The 19^th Century region also included the valley region from the Himalayas to the Pir Panjal Mountain Range. The historical context describes Kashmir as the lake and its name also means a descent from water. The economy of Kashmir is mainly made up of agriculture and handicrafts and also includes livestock raising.

Kashmir is Special for India and thus, removed it’s Special Status

The most important facet of Kashmir is that the region is a disputed region not only in the modern times but also from the past. The old capital of Kashmir i.e., Srinagari was founded by Ashoka and thus, Buddhism was their main religion. Hinduism entered Kashmir in the 9^th Century. But in the 14^th Century, the Mongol ruler Dulucha invaded the region ending the two religions and came up with a new religion Islam with Shah Mir Swati becoming its first ruler in 1339. From then 4 centuries saw the rule of Muslim rulers over Kashmir until in 19^th century it was ruled by the Sikhs. Later, when Britishers were leaving India, they asked Kashmir to either join hands with Union of India or Dominion of Pakistan or to remain an independent state due to which many wars were fought between India and Pakistan with the first of them being in 1947 ending till 1948 and the other two in 1965 and 1999.

The Constitution of India and J&K

The Constitution of India, 1950 grants special status to Kashmir by mentioning Article 370^[3] in itself which had been followed till almost 70 years but the turning point came upon in the year 2019 when the BJP led Government announced scrapping of Article 370. In the early days, there were speculations that something big was going to come because of the additional security forces being deployed and cancellation of a Hindu Pilgrimage and also the tourists were allowed to leave. Not only this, the Opposition Parties leaders were also house arrested. The schools and colleges were shut and internet services were also suspended but no one imagined that such a big decision was going to be taken^[4].

The Legislation that changed the History and Future

On the 5^th Day of August, 2019 such a decision was taken so as to end the complex relationship between India and Kashmir by making it clear that Kashmir is solely a part of India after Independence which was a dispute from 1947 between the Asian giants. This was also the 2019 election manifesto of the BJP Government and after winning the 2019 Lok Sabha Elections this was a remarkable decision made by the Home Minister Amir Shah^[5]. Many criticisms were also raised but it was answered by the Government that Article 370 only intended to alienate the region from the sub-continent.

In 2018, The Supreme Court identified the problem of permanency of Article 370 because of the State Assembly being ceased to exist^[6]. Because the Federal Rule was imposed thereupon because since June 2018 there had been no State Government and Article 370 can only be modified by the State Government as then Chief Minister Mehbooba Mufti was reduced to a minority which meant that under federal rule, the orders of the Governor will be followed^[7].

Reasons in Support and Validation of Striking-off Special Status of Jammu and Kashmir

This point can be supported by various reasons such as^[8]:

1. The country will now have only one National flag from Kashmir to Kanyakumari.
2. The special status removal will also help the Central Government in administering the functions in the region directly.
3. The other reason points out that by making it a Union Territory, President’s Rule will be enforced as mentioned under Article 356^[9].
4. The other reason also states that there will now be a Lt. Governor and not the Governor like in the other UTs.
5. The separation of Ladakh will also provide benefits to it as it will also be treated as another Union Territory but without a Legislative Assembly.
6. The most important benefit refers to the scrapping of Article 35(A)^[10]. which means that people across the country will be able to purchase land in Kashmir which was not the case earlier making it beneficial for the economy of the region as this will also increase trade development in the country.
7. Terrorism  will also be reduced as the Central Government can take effective measures against terrorism with much more ease as compared to the previous times.
8. Another noticeable reason stands out as that now the Constitution of India will be applicable to each and every UT and State and all the laws will also prevail in Jammu and Kashmir from which it was earlier exempted.
9. The respect for our National Flag will also be determined as any kind of defamation caused to it will be treated as a criminal offence in the region which was not the case earlier.
10.  The other noticeable point is that the misery of the people living there will also be resolved as now they will be regarded as Indian Citizens and discriminating them from such status will be an act of criminal offence and strict punishment will be imposed as done in Delhi where an OYO Hotel did not allow Kashmiri couples to stay because of their identity^[11].

These reasons point out to the fact that Kashmir has now acquired Indian territorial status and now India has 28 States and 9 Union Territories. Article 370 bridges the gap between Kashmir and India therefore, it was necessary to scrap it. Due to this, various problems that were at their peak in the region will also be reduced.  Now it is our duty to treat our brothers from the North like they are our family members and not to do any unlawful act or discrimination with them and also forbid others doing such kind of act. Now, the government must ensure that the people of Kashmir do not get exposed to discriminatory practices throughout India.

Conclusion

Thus, the decision of the Government of scrapping Article 370 was a decision that was taken in the interest of forming one nation. The decision suffered various criticism but indeed post this legislation and amend the applicability of various laws of India which were not applicable on Jammu and Kashmir are now applicable and most of the laws of the State of Jammu and Kashmir are repealed. The enforcement of the Right to Information Act, 2005 in the State of Jammu and Kashmir will definitely bring many of the unveiled information in front of Indian citizens which were limited to the public officials of the State of Jammu and Kashmir.

^[1] Source Link.
^[2] Source Link.
^[3] Source Link.
^[4] Source Link.
^[5] Source Link.
^[6] Source Link.
^[7] Source Link.
^[8] Source Link.
^[9] Source Link.
^[10]  Source Link.
^[11] Source Link.

Loveleen Goswami