However, wary of growing influence of an assertive India under Modi regime, China naturally reacted with a controlled fury when on August 5, Indian government swiftly and decisively abrogated the Article 370 of the Indian Constitution. However another constitutional expert, AG Noorani, told BBC Hindi it was "an illegal decision, akin to committing fraud" that could be challenged in the Supreme Court. Because of its historical significance in Indian politics, article 370 has elicited strong reactions from politicians of all shades. Lastly, Indian government seems to have done its homework well. Article 370 was worked out in late 1947 between Sheikh Abdullah, who had by then been appointed Prime Minister of J&K by the Maharaja and Nehru, who kept the Kashmir portfolio with himself and kept Sardar Patel, the home minister, away from his legitimate function. There are 4 main reasons for Pakistan's anxiety. 210.114.1.90 The precarious state of the Pakistan economy is another factor that needs attention. He holds MPhil (Library & Information Sc), MA, PG Diploma in Journalism. PERSONALITY TEST PROGRAMME 2019 (Current Affairs Interview Issues) ABROGATION OF SPECIAL STATUS UNDER ARTICLE 370. A historical reading would demonstrate that the constitution of the state of Jammu and Kashmir, itself an anomaly, does not at any place, directly invoke Article 370, however, an interpretation of one of its clauses can be theoretically linked to Article 370. The article granted a special status to Jammu and Kashmir. A quick summary of the legality of the issue would show that the action of the central government in abrogating the said Article has kept the requisite procedure attended to. The politics over this move would be better placed if it focuses on ways of bringing succour to the Kashmiri people, undoubtedly under stress, as early as possible. The Parliament or more precisely, the Legislature, can amend the Constitution for abrogation of Article 370. Using such abusive language against leader of the largest democracy in the world is simply put, short of any diplomatic art or finesse. Santosh Gupta, the court held that the J&K is a quasi-federal structure of the Indian Constitution. Article 370 Essay: One of the highly controversial topics in the country from last year was the abrogation of article 370. The historic decision set off a major political as well as social makeover of the region, which had enjoyed special rights since Independence. As the tumult of the time necessitated, he frequently resorted to numerous seemingly-undemocratic measures, including suspension of the Habeas Corpus, undertaking actions that supplanted decision-making by the Congress, locking horns with and vetoing of the Supreme Court of the United States and rebutting the southern states repeated claims on their constitutional rights to secede. UK apart, one from its continued colonial hangover where some of its leaders feel that they have a role in sorting out Kashmir issue and the current state of turmoil in British polity, may induce it to make some remarks which are unlikely to be given much significance by the Indian establishment. Later, when the J&K Constituent Assembly created the state's constitution and dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution. The presidential order of 1954 is now superseded. Article 370 was enacted in 1954 and was a recommendation made by the Jammu and Kashmir constituent assembly. To him, the nations destiny could not be held hostage to the semantics of legal language or the obstinacy of technicalities- nor could the interpretation of the constitution be allowed to saunter beyond the realm of rationality and confront the very existence and preservation of the union. In a televised address to the nation on the August 8, Narendra Modi in explaining the BJP's latest step said that Article 370 was being used as a weapon to wield terrorism, and that the "historic . Every Supreme Court Judgement can be implied to J&K and will be just like any other State/Union Territory in India which can enjoy the full constitutional rights guaranteed by the Constitution of India. Here are the five key reasons why abrogation of article 370 is much needed legislation for India. Future generations will realise what a grave mistake this house is making today," he said. Their talk now has moved on to how the fascist, Hindu supremacist Nazi-oriented Modi government with a huge nuclear arsenal, can be a big challenge for regional and global peace. Aug 5th, the day when entire India resonates for two main reasons, One being abrogation of article 370 of Indian Constitution for Kashmir and the other is reviving the lost identity of Hindu Temple One, that instead of serving the people of J&K as was being claimed by. Opposition political parties could launch a legal challenge but Kashmir is an emotive issue with many Indians, and most parties would be wary of opposing the move lest they be branded anti-India. Much to the chagrin of the Indian government, it has even been discussed informally by the UNSC at New York, at the prodding of China. The area was once a princely state called Jammu and Kashmir, but it joined India in 1947 soon after the sub-continent was divided up at the end of British rule. At no point of time, Pakistan removed its forces from Kashmir and on the contrary, carved Gilgit and Baltistan, part of the Kashmir under its occupation into Northern Territories. Abrogation of Article 370, detention of Kashmir politicians BJP's strategy to lure ultra-nationalists who won't buy Hindutva candy Let us assume that Kashmir politicians would indeed have taken out public processions to protest the 'surgical' abrogation of Article 370 and the plan to dismember the state. On August 5, 2019, Articles 370 and 35(A) were nullified that gave the erstwhile state its special status and the mandate to define its domicile rules. The 'abrogation' of Article 370 is difficult to digest for many in India, too. "The Parliament is exercising the power of the state legislature. Kashmiris as well as. Article. And so would have Jawaharlal Nehru! It was that 'wrong' that . It helped it in portraying India to the status of a regional player, a rival of Pakistan while showing herself as an emerging superpower, rival to the only existing superpower, the USA. Second, he has some wonderful personal rapport with most of the world leaders who are unlikely to take an explicit stand against him. Conclusion:- Repealing Article 370 to develop the region is a good and bold step by the government. During this day last year, the Home Minister Informed the upper house of Parliament that the President of India issued a Constitution Order 272 and 273 to abrogate Sadr -I Riyasat (Constituent Assembly of Jammu & Kashmir) with the powers vested as Governor of J&K. Abrogation of Article-370 - For and Against It's a debatable question whether Article-370 should be abrogated or not. "You may think you have scored a victory, but you are wrong and history will prove you to be wrong. With Article 370, prior Aug 2019, J&K Citizens had Dual Citizenship ( J&K citizen & Indian Citizen). They were not even allowed to even avail Bank loans. A virtually bankrupt economy with PM Khan, rushing from Saudi Arabia, UAE to China and IMF in search of loans and bailouts, rising inflation and declining confidence of common people in the government, Kashmir is turning out to be a good diversion for the government. Article 370 of the Constitution was abrogated by the BJP government on August 5, 2019. ABROGATION OF ARTICLE 370. This article earlier granted a special status to Kashmir, due to which Kashmir was able to maintain a constitution of its own, separate from the Indian constitution. A region located in the northern part of the Indian subcontinent administered by India from 1954 to 31 October 2019, giving it the power to have a separate constitution, a state flag, and autonomy over the state's internal administration. Kashmir: Why Pakistan's campaign against Article 370 move is good news for India Campaign by the Imran Khan government over Article 370 furthers India's efforts to let the world understand that accession of Jammu and Kashmir with India was legal and valid, and that only unsettled issue is Pakistan-occupied Kashmir. They worked as Scavengers cleaning Toilets, roads until 2019. The government is also moving to break up the state into two smaller, federally administered territories. Thus, this Article 35-a is much draconian and violates the article 14 of Indian Constitution values of Gender Equality and human rights. They were denied every benefit of the State, right to education, right to buy property, right to vote, right to employment in the same state they were born. After revocation of Article 370, the army launched a special initiative called "Mission Reach Out" to provide assistance to the. Can the United States legally justify an attack against Iran? Abrogation of Article 370 is rather a bold step that Prime Minister Modi implemented last year. The BBC's Geeta Pandey in Delhi explains why this has happened and why it's important. Article 370 acted as an obstacle for Jammu and Kashmir's complete integration in India. So irrespective of high levels of Indian security arrangements, Pakistan will continue to infiltrate terrorists to India through Kashmir, Punjab, Rajasthan or even through more porous borders like Nepal and try its best to create some major terror attack and bring the global attention on the issue. Particular provisions or sentences cannot be read so as to defeat the basic enterprise of a united and constitutional nation. No wonder, the Pakistan COAS Qamar Bajwa has been given an extension of three years in his current job that is normally unheard of in any democracy. This constitutional provision calls for the issue of such an order in consultation with the Constituent Assembly or the State Government, in the absence of the same. With respect to the former state's strategic position, the abrogation of Article 370 was the right move, if achieving normalcy in the region is the . The other is Buddhist-majority Ladakh, which is culturally and historically close to Tibet. In the first few days of August, there were signs of something afoot in Kashmir. He said that the . Article 370 of the Indian Constitution was a temporary provision that grants special status to the State of Jammu and Kashmir. A supposedly disputed territory whosefinal outcome is yet to be decided, if already has been played up like this, no international law will be able to question the removal of Article 370, a part of the Indian Constitution, by the Indian Government in the Indian legislature. First, Modi is a hugely popular leader in India and has led his party to back-to-back electoral victories, unheard of in Indian politics in the last four decades. Abrogation of Article 370 - View presentation slides online. Many Kashmiris believe that the BJP ultimately wants to change the demographic character of the Muslim-majority region by allowing non-Kashmiris to buy land there. The 'modernisation' project of building the Kashi corridor has resulted in the unabated destruction of centuries-old temples and their surrounding areas. He said that women and other groups have got rights. Performance & security by Cloudflare. From the Indian perspective, the Modi government, with a comfortable legislative majority, is not known to buckle down under pressure. The Chinese remarks, by their UN representative talking of Indian action affecting their sovereignty, should be taken more seriously. Under the excuse of the national interest, protectionist wars and even real wars have been waged, and minorities allegedly not national enough have been oppressed. Learn on the go with our new app. Apart from this, the Federal Government has set up two prestigious AIIMS medical colleges in Jammu and other in Kashmir while the construction is in full swing. Third, unlike its western neighbour, India is among the top two leading economies, a home of billion plus people with growing energy and other needs, a massive market to all the global producers who are certain to lobby their respective governments, against angering India. The narrative of Sikhs coming to the aid of Hindus needs to be re-examined. Indian intelligence sources have already confirmed that various launch pads in the Pakistan administered Kashmir are already in the process of being reactivated. Abrogation of Article 370 has opened J&K to investors and even FDIs. "It's because of these sections that democracy was never fully implemented, corruption increased in the state, that no development could take place.". However, it sees Indian action in Kashmir as affecting its position in Ladakh when the two sides meet on border dispute in the next few weeks. Also, Rest of India can mingle with J&K freely with no conditions and in specific Kashmiri Hindu Pandits who left Kashmir after Genocide on over 300,000 Hindus can go back to Kashmir. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); A.M.Hocarts Caste: A comparative study, The Real Cost of Leather: Chamars, Cow, and Colonialism, The Story of Islamic Imperialism in India Part 1. Even though the former CIC who served as a bureaucrat in the Valley when the separatist movement was at its peak accepted Article 370 was an "irritant" as it denied benefits to J&K residents that were granted to other state residents, he said that the abrogation should have followed a consultative process with the people. He claimed not to require heeding to less specific provisions in the constitution but to heed to the larger provision contained therein, thus: A part cannot be supreme over the whole, to the injury or destruction of the whole.. Many of them joined the Indian union spontaneously or under the persuasive and coercive diplomacy of Sardar Patel, the then deputy Prime Minister of India. In SBI vs. Santosh Gupta (2016), the Supreme Court held that because India's Constitution is superior to J&K's, Parliament had legislative authority to enact the provisions. Though not much came out of it, Chinese and Pakistani sides have been quick to show it as the vindication of their respective national stands while India, has maintained its cool, calling it as an internal affair of India.. The government, while justifying its move, said that Article 370 was the "root cause" of terror in the Valley and hindered the economic and social development of the region. Its affiliate wing ISI, will also have a great time in accessing unaccounted funds and spending on the never ending Kashmir struggle against enemy India. Now, Jammu and Kashmir no longer qualifies as a state and has become a union territory. Arguments stating that it was a temporary provision and was subsequently required to be done away with in a few years, favored its abrogation. And not to forget, China will have to accept India as a more than aregional, developing country and sort out the border dispute on a truly mutually acceptable fair terms. Pakistan, if it continues to behave like it is doing today, could well turn out to be a big example of a failed, radical Islamic state torn by divisive, terror-driven policies and being managed by some UNSC mandated international peace keeping force in not so distant future. The article allowed the state a certain amount of autonomy - its own constitution, a separate flag and freedom to make laws. Reading Ambedkar's works in conjunction with the historical realities of his times provides interesting insights into the mind of the most revered historical figure of contemporary India. The application of Article 370 to Jammu and Kashmir state was a major deadlock in the development of this state. Another less-talked part of Kashmir remains, under what India calls illegal occupation of China which occupied Aksai Chin (approximately 37,555 sq km), during the short border skirmish with India in 1962 and Shaksgam Tract, ceded by Pakistan to it in 1963. Pakistan still, on the watchlist for support and promotion of terrorism, may wait for some time till October when the Chinese, along with Turkish are expected to shield it again or buy some time. There has been violence in the Indian-administered side - the state of Jammu and Kashmir - for 30 years due to a separatist insurgency against Indian rule. It would be a surprise that removal of an article which in its being carries the title of temporary should cause upheaval and disquiet. Also, now no special powers or perks are given to the citizens of J&K and they are treated like any other citizen of India. Using Section 6 of J&K constitution, it invokes the article 35-a and categorizes the permanent citizens. . Indian forces reached Kashmir and a protracted battle, lasting October, 1947 to January, 1949 finally led to a ceasefire agreement under the UN auspices. However, foreign affairs defence and communications remained with the central government. There have been localised troubles but contrary to popular apprehension and unabated propaganda from Pakistan, by and large the atmosphere has remained peaceful. Since the Kashmir Constituent Assembly dispersed itself in November, 1956 and the state was under the Presidents Rule (Art 356), the government was within its right to secure the concurrence of the State Government through a Rajya Sabha resolution or a nominee of the Central Government (the Governor of the State Satyapal Malick in this case), an interpretation that was upheld by Indian Supreme Court in 1972. The big examples have been calling bluff to so-called nuclear blackmail by Pakistan, by conducting the surgical strike (2016) and Balakot airstrikes (2018) on terrorist camps inside Pakistan-administered Kashmir. Abrogation of article 370 Article 370 of the Indian Constitution established a different constitution for Jammu and Kashmir in its original version and reduced the parliament's law-making power over the state. Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to those permanent residents. Last year, a report by a Beijing think tank believed to have close ties with Chinese intelligence had linked the June 2020 clash between China and India in Ladakh to the abrogation of. The full integration of the state of Jammu and Kashmir heralded by the nullification of Article 370 is nevertheless a welcome step, rectifying a mutant event in history in a land that has, for millennia, been centre-stage of the cultural evolution of India. Now, Women and Homosexuals have equal rights as Men and the Human rights are guaranteed as per Article 14 of Indian Constitution. In addition to democratic and constitutional inconsonance, and aggravation of the security challenge in the region, there occurred continual exploitation of Article 370 by dynasties that turned custodians of political power in Jammu and Kashmir. The debate over the action, therefore, must not be allowed to become one of constitutional propriety versus national interest, since both are mutually inclusive. Ambassador Abdul Basit said that as Pakistan's High Commissioner to India he had forewarned in 2014 about the likely abrogation of Article 370 by the BJP government. If those Orders were to be treated as valid and legal, the use of Article 370 (3) by Central Government now, seems perfectly in order. The Constitution, like many religious books, isnt always immune to self-contradiction and thus any reading of it must never be void of the beneficent company of rational interpretation. And finally, with China-Pakistan Economic Corridor (CPEC) being fast tracked in Kashmir under Pakistans control, questions are certain to be raised if the wishes of people in that part of Kashmir have been taken before allowing China to exploit their natural and human resources. What followed was a 5-day lockdown in the State of Jammu and Kashmir. So irrespective of critical comments of many from legal fraternity in India, it looks like the government will not have a very tough legal battle ahead. Cloudflare Ray ID: 7780b9f55ddb8d00 In 1947 at the time of independence the Indian sub continent was partitioned on . On the other side, by portraying its anti-India stand, it will continue to hold its sway in Pakistan who undoubtedly have been demoralised by absence of any support from Arab World, the US and others. Interestingly, these communities apart from Dalit Hindus were never given Permanent Resident Certificate (PRC) by J&K state. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. While Jammu is Hindu Majority and Kashmir Valley is Muslim Majority apart from the Buddhist Majorty Ladakh another UT. Read about our approach to external linking. Later a resolution was ratified for CO 273 in both houses of Parliament which also led to bifurcate Jammu Kashmir (J&K) state into two Union Territories Jammu & Kashmir and Ladakh as per J&K State reorganization act 2019. Aware of the Modi regimes decisiveness and popularity, the Chinese seem more perturbed by the openquestioning of Aksai Chins status by India rather than keeping their all weather ally Pakistan, in good humour. Only this time, the state administrative, police, paramilitary forces are better equipped, sensitised and prepared to deal in with trouble-makers and the result is being seen in the first fortnight itself. The BBC is not responsible for the content of external sites. The unprecedented lockdown, localising trouble-spots and gradual easing of the restrictions are part of the new strategy. India and Pakistan subsequently went to war over it and each came to control different parts of the territory with a ceasefire line agreed. It could have had a flag of its own, separate from the Indian flag. How come a foreign country is allowed to make investments worth billions of dollars in a disputed territory. It remains a major issue on which India has refused to be a part of ambitious Chinese BRI project. He undertook these measures as history would prove, for the larger cause of preservation of the union- which he claimed was his oath registered in heaven. Narendra Modi abrogated article 370 and 35A in respect of the Indian-held state of Jammu and Kashmir. An important component of the agreement was to be a plebiscite to be held in Kashmir, ascertaining the views of the people if they wish to be part of India, Pakistan or remain independent. Any opposition to annulment of this retrograde provision, inherently antithetical to democracy and the uniform rule of law, therefore is scarcely understood but for political expediency. Advertisement Prabhash K Dutta Even, the Indian Penal Code was not applied in J&K as it had its own Penal code called Ranbir Penal Code. Also, going by the way, Indian government is working on various welfare projects in other parts of the country, a fair number of Kashmirisare hopeful of better socio-economic conditions in near future. Pakistan which should have retaliated either directly or indirectly after the Surgical Strike and Air Strike, failed to do so. Mehbooba Mufti, a former chief minister, is protesting the loudest. Not limited to this, about 7 regional medical colleges were allotted in J&K and Ladakh and as well modernizing the medical facilities in Government hospitals in J & K. As per the Prime Ministers directive premier colleges like IIT and IIMs are set up in Jammu and Kashmir and the construction is underway to promote higher education and right to education for men and women. The August 16 telephonic call to Trump by Imran Khan, just before the UNSC informal meet on Kashmir, is another indication that Pakistan will continue to keep the tempo high on the issue. Abrogation Article 370. Article 370's abrogation from Kashmir: Good days ahead! There is every likelihood that the reorganisation of the state and carving it into two union territories, will go on as announced. Prime Minister Narendra Modi and the Hindu nationalist Bharatiya Janata Party had long opposed Article 370 and revoking it was in the party's 2019 election. Abstract: This research paper talks about abrogation of article 370 and article 35A of Indian constitution. The other major powers, France, UK, Japan, Germany, EU, OIC, Israel all have good commercial/ strategic relations with India and none of them would like to disrupt their flourishing relationship. People have only been bombarded with overly-charged emotive rhetorical jingoism whose shrillness on the audibility scale has always remained directly proportional to their sheer meaninglessness. But we must not hurry change in mindset Despite Modi govt's policies that have largely benefitted the masses, one incident in J&K could spark violence. China, in the midst of a trade war against the US, badly needs Indias support. Article 370 itself mandates a recommendation of State Constituent Assembly dispersed after framing Constitution of the State of Jammu and Kashmir, but did not make any such recommendation. Hence, it will continue to be stringent against the Indian action in public and will try to get an upper hand in negotiations on the boundary question. Two years ago, on August 5, 2019, the Union government moved a resolution in parliament to read down Article 370 of the constitution of India, which gave the state of Jammu & Kashmir a special. 1964: An attempt at abrogation makes clear why Article 370 was retained In December 1963, the streets of Srinagar witness a popular uprising of a magnitude not seen since before independence. Arguments in favor of and against, on the issue of abrogation, are perfectly balanced. Pakistan is going through its worst time economically, diplomatically and also its defenses too are not in sound track. The law should be the same for everyone. Although Home Minister Amit Shah's announcement in parliament on Monday came as a surprise to most Indians, it would have taken the government some preparation to arrive at the decision. You can email the site owner to let them know you were blocked. Interestingly, J&K residents can insult Indian Constitution, Preamble, National flag and even burn it. Click to reveal This is again a violation of Article 14 of Indian Constitution. To attend to the case at hand, the abrogation of Article 370 is a case much simpler. The dignity and respect of women were upheld. Rajesh Kumar Sinha is a Librarian, South Eastern Railway, India. Aug 5th, the day when entire India resonates for two main reasons, One being abrogation of article 370 of Indian Constitution for Kashmir and the other is reviving the lost identity of Hindu Temple in Ayodhya after winning the court proceedings last year. The power to abrogate Article 370, which was originally vested in the 'Constituent Assembly of J&K' was effectively transferred to 'Parliament', via Constitution Order 272. Since such an Assembly was dissolved on January 26, 1957, one view is it cannot be deleted anymore. Critics of Monday's move are linking it to the economic slowdown that India is currently facing - they say it provides a much-needed diversion for the government. [] Soviet spymasters: The limits of democracy and Nav [] CPECs Early Harvest scheme, energy projects are [] the US efforts over the past 1,5 year were even ma [] over the past year and a half have been even marke Nasal #COVID19 vaccines help the body prepare for infection right where it starts in your nose and throat https://t.co/2kQfMcvbtQ, Kims strategic patience and Xis security trap https://t.co/2pplUCKmc7 via @foreignpolicyns. There are many such issues which Pakistan is neither capable of dealing in or responding to. To Lincoln, who led the United States through its most difficult phase in history, the provision and vision of the constitution rested upon the premise of service to, and to benefit of, his nation. They argued it needed to be scrapped to integrate Kashmir and put it on the same footing as the rest of India. Electoral politics is causing the delay in Canadas foreign policy on China, Azerbaijans journey from victory to victory, Time to think again about abolishing torture, Some reflections on Russias economic diplomacy with Africa. At that time, two-thirds of the Kashmir territories were under Indian control while rest, one-third was under the control of Pakistan. The removing of Article 370 is in fact a good choice at the right time. On Aug. 8, in a 40-minute address to the nation, Prime Minister Narendra Modi argued that Article 370 of the Indian constitution had prevented economic development from reaching Kashmir . Indian constitution's Article 370 grants special status to Jammu and Kashmir. India's government has revoked part of the constitution that gives Indian-administered Kashmir special status, prompting fears of unrest. The abrogation of Article 370 was followed by a wave of protests and stone-pelting in the valley, compelling the government to cut down all means of communication. This is why this place has seen towering promises made by towering political figures getting buried without even a whimper. It is not in a position to pressurise India to change its track on Kashmir nor can mediate, directly, given the need for Indian support against China in the Indo-Pacific region and elsewhere. Introduction. And on many occasions, the state was under the Presidential Rule. By repealing Article 370 of the constitution, people from the rest of India will now have the right to acquire property in occupied Kashmir and settle there permanently. Meanwhile, PM Khan has already put the blame on India by apprehending that more Pulwama-like incidents may happen due to Indias action on article 370. Thus, the abrogation of article 370 also abrogates the article 35-A and Gender Equality is much preserved as per the Article 14 of Indian Constitution. The mutation of Indias constitutional ethos caused by this provision precipitated in the only instance of large-scale ethnic cleansing in independent India. The action you just performed triggered the security solution. Khans ramping up of rhetoric against India and Modi, in particular, could well give him some time and popular support as is evident in its media and other places. By investment I mean spending money on funding stone pelters, providing arms for terrorists, influencing local leaders, creating unrest in the valley. To be precise, Article 370 of the Constitution of India [1], provided special status to Jammu & Kashmir. Further, it even ceded Sakshgam Tract, part of Kashmir to China under a so-called China-Pakistan Boundary Agreement, 1963. each with good content in . Read about our approach to external linking. The Constitution cannot be petrified, wrote Nehru in his response to protests by the Maharaja of Jaipur, Sawai Man Singh II over the abolition of the office of Rajpramukh that the former ruler of Jaipur was appointed to. Abrogation of Article 370 was long overdue. Section 6 of J&K Constitution that derives its power from Article 35-A of Indian Constitution discriminates against women residents of the J&K state who marry a person from another state in India. Apart from this, It impede the corporate sector to invest , buy immovable property or set up an industry in J&K. The presidential order by the Indian government has much in common with actions of other political thinkers from across the world. But there hasn't been much of a state government in Jammu and Kashmir for over a year now. But, it is not going to be an easy job. However, a sudden and well-planned attack from Pakistan in the form of local tribesmen, along with its army, changed the scenario dramatically. This meant the federal government only had to seek the consent of the governor who imposes its rule. Finally, This abrogation of article 370 checkmates the Sharia Law which was implemented in J&K and enforced on women and Homosexuals. In the backdrop of such complexities, the decision to abrogate Article 370 seems to be a right one. Article 370 is under part XXI of temporary and transitional provisions. But the other view is that it can be done, but only with the concurrence of the State. Not Limited to this, Gays, Bisexuals and Transgenders are legally punishable as per Ranbir Penal Code and a criminal offense to be a Homosexual. Progressive laws passed by various courts in India that benefit the masses will now also be applicable to people of. The move also fits in with Mr Modi's desire to show that the BJP is tough on Kashmir, and Pakistan. On the Pakistan front, the country that seems to have gone hyper since the declaration made on 5thAugust from the President, Prime Minister Khan to media, film actors to professionals to cricketers to terrorists, all suddenly seem to have gone berserk. The . Although the Supreme Court of India Decriminalized section 377 of Indian Penal Code, it was not applied to J&K until after the abrogation of article 370 last year. Thereafter, the Article itself, inserted via a presidential proclamation post the merger of the state to the Indian union, not via a constitutional amendment, was removed via the same procedure- and later ratified by parliament too. This presents a conundrum to the opponents of the move- first in pressing for interpretation while looking at the constitution of J&K in linking it to Article 370, and then in opposing interpretation while pressing for letter of the law of the Indian constitution in an attempt to de-link it from its right to remove it. Article 370 is sensitive because it guarantees significant . "We went wrong in choosing India over Pakistan" she said. When asked clarification about the ex-prime minister (in those days, it was called so) of Kashmir, Bakshi Ghulam Mohammed saying Article-370 of the Constitution to be a permanent provision and Kashmir's destiny is tied up with it, he ( Pandit Nehru) said his own statement (suggesting erosion Article 370 with the passage of time) was to be . The State was now to be bifurcated into two union territories under the Jammu and Kashmir . Article 370 was included in the Indian Constitution as a temporary provision for J&K. Articles 370 (1) (c) and 370 (1) (d) (which are relevant) deal with the applicability of the Indian Constitution to J&K. Article 370 (1) (c) states that Article 1 and Article 370 of the Constitution shall apply to J&K. Article 370 (1) (d) states that other . While assuring support on the Afghanistan issue, it will continue to link it to Kashmir and demand direct or indirect mediation. Thus, Every law that Parliament makes is automatically implied to J&K. However, if the situation is handled effectively, both inside the state as well as on the Pakistani infiltration front, as the first fortnight has shown, very soon the Indian state of Jammu & Kashmir may witness fresh elections for a new legislative assembly and usher in an era of peace, progress and prosperity. Foreign affairs, defence and communications remained the preserve of the central government. Article 370 is exclusively provided to Jammu & Kashmir. However, a few exceptions exist for laws related to defense, foreign affairs, finance, and internal & external communications. The government says this will bring development to the region. Specifically, Right to Information Act, Right to Employment, Every Federal Government initiative and policy regarding the expenses can come under Comptroller and Auditor General and monitor the expenses. The War in Ukraine: Understanding and resisting the global elites deeper agenda, Kingdom of Norway and Saudi Arabia bilateral diplomatic relations, EU Today Russian Prisoners of War: Angola, Afghanistan, Ukraine - IEyeNews, CPEC: A Game Changer for Pakistans Energy Sector | Paradigm Shift, US Congress and the Armed Conflict in Ethiopia Counterpunch Eritrean Express News, US Congress and the Armed Conflict in Ethiopia CounterPunch 04:42, Congress Risks Prolonging the Ethiopian Civil War The American Conservative 00:10. Love podcasts or audiobooks? Thus when Nehru deemed it fit, he did not allow constitutional guarantees to come in the way of his decisions- relying certainly on the subservience of individual provisions to the larger structure and purpose of the constitution. The government then stunned everyone by saying it was revoking nearly all of Article 370, which 35A is part of and which has been the basis of Kashmir's complex relationship with India for some 70 years. The article, referred to as the Permanent Residents Law, also bars female residents of Jammu and Kashmir from property rights in the event that they marry a person from outside the state. The children from such parents are not entitled to the Permanent Resident Certificate (PRC) of J&K, consequently the benefits thereupon, such as the right to acquire immovable property and a government job also ceases. Without Article 370, the above discussions were automatically ceased. It seems prepared for initial criticism and trouble brewing in certain pockets of the state. Introduction. Article 370 abrogation: The petitions stated that the Centre has constituted a delimitation commission to mark boundaries in the territory for all the constituencies before an assembly election . The state government can form their own legislature and laws. Tens of thousands of additional Indian troops were deployed, a major Hindu pilgrimage was cancelled, schools and colleges were shut, tourists were ordered to leave, telephone and internet services were suspended and regional political leaders were placed under house arrest. Hence unless a new Constituent Assembly was convened, Article 370(3) president was prevented from make any changes in Article 370. On the 5th of August 2019, Article 370 and 35A was revoked leading to the various changes in the country. It can be well understood that National interest cannot be invoked loosely or ubiquitously to countermand constitutional provisions. Despite granting the speciality to Jammu and Kashmir article 370 is allowing India to have defence, foreign affairs, finance and communication in its hands while other Indian laws directly applicable to other Indian states needs a special consent from JK assembly. However, the same does not apply to the offspring of a male who marries a woman from another state. One more factor that has contributed is the general feeling among residents of the state that this government means business and it will not buckle down under pressure. The abrogation of 370 thus rectifies an egregious trespass on the basic tenets of Indias democracy, constitution and national integrity. As per the terms of ceasefire agreement adopted by the UNO on 5thJanuary, 1949 Pakistan was required to withdraw its forces, regular army and irregular forces while India was to maintain a minimum number of forces to preserve law and order. P Chidambaram, a senior leader in the opposition Congress Party described the decision as a "catastrophic step" and warned in parliament that it could have serious consequences. . The abrogation of Article 370, a temporary provision of the Indian Constitution, relating to the state of Jammu & Kashmir, by the incumbent Modi Government in India has made it to the headlines of global media. Abrogation of article 370 Article 370 of the Indian Constitution established a dierent constitution for Jammu and Kashmir in its original version and reduced the parliament's law-making power over the state. This Article is temporary in the sense that the Constituent Assembly of Jammu and Kashmir had the right to modify, delete or retain it, and also it was considered to be temporary only till a plebiscite was held to ascertain the public wish. One region will combine Muslim-majority Kashmir and Hindu-majority Jammu. Led by a shrewd leader Modi, who is extremely unpredictable (every alternate day the Pakistani media keeps wondering what is going through Modis mind), the NSA Ajit Doval and EAM S. Jaishankar are known to be on same wavelength as Modi and are astute practitioners of the art of statecraft and strategic issues. In the midst of economic difficulties, it will again have a natural reason for enhanced funding from stretched national resources. Apart from this, the Federal Government has a much higher vision in making J&K as a Tourist hub which is pivotal for its wealth generation. Priyvrat is a writer, conservationist and a student of history. The comparison is fallacious, in that it pitches the question of preservation of specific cultures and traditions against the question of uniformity of law, national integration, security and social justice. The government says it is well within its rights to bring in the changes and that similar decisions have been taken by federal governments in the past. Article 370 (1) (b) provides various powers to the state government. The Indian parliament could make laws for J&K with extremely limited areas of jurisdiction. For this, he was attacked by many of his contemporaries varyingly, as a tyrant who hoisted the banner of consolidation to destroy the rights of states, of heading a government of absolute despotism in Washington and making the people of the United States no longer a government of laws. "I want to tell the people of Jammu and Kashmir what damage Articles 370 and 35A did to the state," Mr Shah told parliament. Why is Pakistan so anxious about the removal of Article 370? Such an order, however, is to be preceded by the concurrence of J&K's Constituent Assembly. Removal of Article 370 would take back the special status from the state, allow citizens from across the country to settle and buy land in Jammu and Kashmir and subsume people of the state into the mainstream. This step will help in integrating the Jammu & Kashmir region with the rest of India. Lincoln wasnt going to allow scathing contemporary criticism or the vagaries of legality to deter him in his attempts to weld the contending factions into a composite whole: Are all the laws, but one, to go unexecuted, and the government itself go to pieces, lest that one be violated? he asked in an address to the Congress in 1863. It is certain to be resisted by a fair section of local populace initially and Pakistan and China, at the regional level. After returning to power with a massive mandate in the April-May general elections, the government lost no time in acting on its pledge. The bill that's been introduced is for reorganisation, you've had reorganisation of Bihar, Madhya Pradesh, etc. The compliance of these conditions was to be followed by a plebiscite. Please consider supporting us by disabling your ad blocker, The abrogation of Article 370 and its implications, Americas election systems are more than just machines theyre people, who are overworked, underpaid and feeling pressured, In Bulgaria, the battle for the fundamentals of democracy is still raging, The implications of the 1% stock buyback excise tax, Avoiding a war without a winner: How we could ease the deadly US-China dispute. T he abrogation of Article 370, a temporary provision of the Indian Constitution, relating to the state of Jammu & Kashmir, by the incumbent Modi Government in India has made it to the headlines of global media. Indian Government asked major Indian industrialists to set up industries in J&K and help the local residents with employment. Article 371 does not create a state within a state, often at cross-roads with it, endangering national security, promoting discrimination, inequality and sectarian strife, going against basic tenets of Indian democracy as Article 370 did. This website is using a security service to protect itself from online attacks. Rationally, there should be three parties to the Kashmir dispute-India, Pakistan and China. Abrogation of Article 370 Kashika Mahajan BhartiyaVidyapeeth College, B.B.A L.LB . Article 370 Advantages And Disadvantages: Article 370 was a means of keeping Kashmir connected to India. The theft of a religious relic - the Moi-e-Muqqdas - from the Hazratbal shrine triggered discontent amongst the people, and they took to the streets . He stressed the need to evolve a political consensus on Kashmir policy and suggested downgrading of Pak-India bilateral relations to the Charge de Affairs level. The substance and context of Professor Keanes argument is entirely different, however a strong parallel can be drawn for this with the use of Article 370 by the political dynasties of Jammu and Kashmir- wherein democratic way of life and civil rights of Kashmiris were presented as being cocooned in the protective sheath of Article 370 alone, without which all would fall into disrepair. Article 370 present in part xxi of the Constitution of India gave special status to Jammu and Kashmir state because of which this state enjoys special privileges. The issue covered by various media channels. Is Beijings grip on Malaysia and the region inevitable? Even after generations passed, these people were treated as second grade citizens. The allusion to national interest that Lemieux makes however, does not take into account genuine matters of security, constitutional and democratic equality, prevention of discrimination and equal distribution of the fruits of economic progress and development as would be espoused by a progressive, democratic society- all of which Article 370 caused to be undermined in Jammu and Kashmir. Many Federal Government policies were automatically implied to J&K residents and to be specific about 1.5 Million J&K residents were insured under Federal Governments Health Insurance Scheme ( AyushMan Bharat) and about 78,00 people got treated using this Health insurance scheme so far since Aug 2019. US-China conflict: Relational patterns of the past, reflecting the present? What probably compelled the Chinese to make a hue and cry on the issue, taking it to the UNSC, even on an informal basis, was Indian Home Minister Amit Shahs assertion in Indian Parliament that when India talks of the whole of Kashmir being an integral part of the country, that includes the Aksai Chin, too, currently under Chinese control. But most of the speculation was that Article 35A of the Indian constitution, which gave some special privileges to the people of the state, would be scrapped. But the way it was done is against the democratic principles because the public or the state leaders are not consulted before passing this bill. The Kashmir Valley was placed under a virtual lockdown with all communication lines cut and political leaders placed under house arrest. A reassuring feature of the widely criticised lockdown is that the political leaders, who have been detained, are not known to be honest and efficient and hence, people are not very restless against this action. One constitutional expert, Subhash Kashyap, told news agency ANI that the order was "constitutionally sound" and that "no legal and constitutional fault can be found in it". The constitutional provision has underpinned India's often fraught relationship with Kashmir, the only Muslim-majority region to join India at partition. The abrogation of article 370 of the constitution that would terminate Kashmir's special status compared to other states in its 1st schedule of our constitution. And it is the reason that usually reluctant Chinese have been cosier to India in recent months. Thus, they cannot buy any immovable property, not eligible for employment by the state government, cannot contest or vote in local body or Assembly elections, cannot avail of scholarships and other grants offered by the state government to its permanent residents and, above all, cannot seek redress in any Local or High court or Supreme Court of India.This is a direct violation of Article 14 of Indian constitution that guarantees the Equality of Citizens. But it is also a reality that much as many of us would like to ignore it, the status quo on Kashmir had became unsustainable long back. 2022 BBC. That could leave any challenge up to individuals or activists. The provision thus served to turn the Kashmiri society to develop insecurities against the Indian state to some measure, In his paper Democracy: the Rule of Nobody, Professor John Keane of the University of Sydney describes the clich of simple democracy as paradoxically encouraging and legitimising forms of political behaviour that threaten democratic institutions and ways of life. In a section entitled Strategic Abuses of Democracy, Keane describes the tendency of actors to invoke the word democracy, understood as popular sovereignty, asa handy weapon in the struggle for power over others.. As well as, the court held that the Indian Constitution applies to J&K via the 1954 Presidential Order and that Article 370(1)(b) does not limit . The great Abraham Lincoln, whose immortal lines from his famous Gettysburg address in 1863, of government of the people, by the people and for the people have attained meaning in popular imagination of being the very definition of democracy, would have supported the Narendra Modi governments move to abrogate Article 370 in philosophy- had he been alive.
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