One region will combine Muslim-majority Kashmir and Hindu-majority Jammu. 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. 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. Only Hindu Kashmiri Pandits and Sikhs who were forcibly kicked out of Kashmir got benefited under Indian Laws and constitution after settling down in Punjab and Delhi. The constitutional provision has underpinned India's often fraught relationship with Kashmir, the only Muslim-majority region to join India at partition. We have grown so used to the status quo that a change of this magnitude challenges our intellectual faculties. 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. Here are the five key reasons why abrogation of article 370 is much needed legislation for India. 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. Why did 2018 see more violence in Indian-administered Kashmir? It was that 'wrong' that . 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. In the first few days of August, there were signs of something afoot in Kashmir. 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. 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. 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. 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. Foreign Policy News is a self-financed initiative providing a venue and forum for political analysts and experts to disseminate analysis of major political and business-related events in the world, shed light on particulars of U.S. foreign policy from the perspective of foreign media and present alternative overview on current events affecting the international relations. Abrogation of Article 370 - View presentation slides online. The dignity and respect of women were upheld. 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. On the 5th of August 2019, Article 370 and 35A was revoked leading to the various changes in the country. The Parliament abrogated the special status given to the erstwhile state of Jammu and Kashmir under Article 370. 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. Interestingly, these communities apart from Dalit Hindus were never given Permanent Resident Certificate (PRC) by J&K state. However, the same does not apply to the offspring of a male who marries a woman from another state. The government says this will bring development to the region. [] 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. Lastly, Indian government seems to have done its homework well. The removing of Article 370 is in fact a good choice at the right time. This was followed by resolutions from the Rajya Sabha and Lok Sabha, purporting to exercise power that was originally vested in the Constituent Assembly of J&K. The article allowed the state a certain amount of autonomy - its own constitution, a separate flag and freedom to make laws. Kashmiris as well as. Article 370 and article 35A talks about special status given to residents of Jammu and Kashmir and who are permanent residents of that state and provide them Kashmiri identity, threats to & and shields for it, appropriation of land, loss of sovereignty, property and evaporation of civil rights were smokescreens created against which 370 was pitched as the sole antidote. 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. One positive fallout of Article 370 abrogation is that the people of Kashmir have realised three very important things. Your email address will not be published. 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 unprecedented lockdown, localising trouble-spots and gradual easing of the restrictions are part of the new strategy. 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. 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 . But the other view is that it can be done, but only with the concurrence of the State. This meant the federal government only had to seek the consent of the governor who imposes its rule. The action you just performed triggered the security solution. Indian Supreme Court is seized of the legality of this governmental order that has been brought up before it by some individuals. Arguments stating that it was a temporary provision and was subsequently required to be done away with in a few years, favored its abrogation. Soon after Indias Independence in 1947, many Valmiki and Gurkha communities moved to Jammu and Kashmir from Punjab on persuasion by Sheik Abdullah to work as scavenging workers. Lt Gen Satish Dua (retd) 5 August, 2021 11:41 am IST 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. Again, Article 35-A which was not ratified by Parliament and temporarily attached to Article 370 in 1954 violates the very basic rights of Gender Equality of Indian Constitution. Article 370 is exclusively provided to Jammu & Kashmir. 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 . Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. 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. Article 370's abrogation from Kashmir: Good days ahead! 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. 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 manifesto. But there hasn't been much of a state government in Jammu and Kashmir for over a year now. Article 370 of the Constitution was abrogated by the BJP government on August 5, 2019. Performance & security by Cloudflare. It would be a surprise that removal of an article which in its being carries the title of temporary should cause upheaval and disquiet. Hence unless a new Constituent Assembly was convened, Article 370(3) president was prevented from make any changes in Article 370. 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. 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. 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. While assuring support on the Afghanistan issue, it will continue to link it to Kashmir and demand direct or indirect mediation. 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. 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. Thus, Every law that Parliament makes is automatically implied to J&K. 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. The debate over the action, therefore, must not be allowed to become one of constitutional propriety versus national interest, since both are mutually inclusive. each with good content in . Article 370 (1) (b) provides various powers to the state government. 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. According to the constitution, Article 370 could only be modified with the agreement of the "state government". 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. At that time, two-thirds of the Kashmir territories were under Indian control while rest, one-third was under the control of Pakistan. With Article 370, prior Aug 2019, J&K Citizens had Dual Citizenship ( J&K citizen & Indian Citizen). Indian intelligence sources have already confirmed that various launch pads in the Pakistan administered Kashmir are already in the process of being reactivated. The Parliament or more precisely, the Legislature, can amend the Constitution for abrogation of Article 370. What followed was a 5-day lockdown in the State of Jammu and Kashmir. The move also fits in with Mr Modi's desire to show that the BJP is tough on Kashmir, and Pakistan. 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. China that made a part of Kashmir under its occupation, a part of its Xinjiang Uyghur Autonomous Region province, till recently enjoyed the dispute between the two south Asian neighbours. What are the consequences of abrogation? Kashmir is a Himalayan region that both India and Pakistan say is fully theirs. The passage of the Article 370 requires the Indian Parliament to take the approval of the Jammu & Kashmir government for the application of the laws passed by the Indian parliament in the state. Your IP: Fourth, India under Modi has politically and militarily become more powerful and is ready and willing to take recourse to new challenges and strategies. 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. The Congress could not have taken steps such as construction of the Ram temple, the surgical strike or the abrogation of Article 370 because it does not care for the country's security or the . Introduction. The historic decision set off a major political as well as social makeover of the region, which had enjoyed special rights since Independence. 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. And so would have Jawaharlal Nehru! Legality and procedural propriety of the action are subjects that are best to be bandied by lawyers and law-makers, and much has been heard and read about the permanency vs removability of the provision. However, foreign affairs defence and communications remained with the central government. Conclusion:- Repealing Article 370 to develop the region is a good and bold step by the government. This step will help in integrating the Jammu & Kashmir region with the rest of India. By the abrogation of Article 370 Indians can now purchase property in Kashmir as a result the price of the land will increase and the local Kashmiris can lease out their land and can earn greater profits, educational opportunities will increase, the companies will come in the state to invest which will increase employment opportunities . Using such abusive language against leader of the largest democracy in the world is simply put, short of any diplomatic art or finesse. 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. They worked as Scavengers cleaning Toilets, roads until 2019. Indian forces reached Kashmir and a protracted battle, lasting October, 1947 to January, 1949 finally led to a ceasefire agreement under the UN auspices. Kashmir will no longer have a separate constitution but will have to abide by the Indian constitution much like any other state. 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. While Jammu is Hindu Majority and Kashmir Valley is Muslim Majority apart from the Buddhist Majorty Ladakh another UT. "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. 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. Is Beijings grip on Malaysia and the region inevitable? 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 . 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. Even, the Indian Penal Code was not applied in J&K as it had its own Penal code called Ranbir Penal Code. 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. Santosh Gupta, the court held that the J&K is a quasi-federal structure of the Indian Constitution. 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. It could also bar Indians from outside the state from purchasing property or settling there. had a separate Flag and separate constitution with a constituent Assembly valid for 6 years while the rest of Indian states has 5 year validity. 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. 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. Not Limited to this, Gays, Bisexuals and Transgenders are legally punishable as per Ranbir Penal Code and a criminal offense to be a Homosexual. This is one part of the story that has not been properly attended to by the world media. The 'abrogation' of Article 370 is difficult to digest for many in India, too. Shehla Rashid's petition in the Supreme Court argued that if Article 370 (1) (d) is read with Article 368, the State of Jammu and Kashmir is allowed to decide if the amendments made by the Constitution of India will apply to it or not. 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. 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. 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. Senior international lawyer, Harish Salve explains Article 370: "Article 370 provides for a presidential order. 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. Indian constitution's Article 370 grants special status to Jammu and Kashmir. After returning to power with a massive mandate in the April-May general elections, the government lost no time in acting on its pledge. This demand for repeal of article 370 has been repeatedly voiced by the BJP. Particular provisions or sentences cannot be read so as to defeat the basic enterprise of a united and constitutional nation. 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. 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. 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. Looking at the changes brought about in the past 12 months, Prakash states, it is obvious that the Union government has pulled out all the stops to ensure that everyone living in the two Union Territories would get a sense of the egalitarian principles that are firmly embedded in India's Constitution. Advertisement Prabhash K Dutta 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. Future generations will realise what a grave mistake this house is making today," he said. The other is Buddhist-majority Ladakh, which is culturally and historically close to Tibet. 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. 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. Reason 1: Loss of investment Pakistan had invested In Kashmir. Let's explore all of them. Article 370 is sensitive because it guarantees significant . Using Section 6 of J&K constitution, it invokes the article 35-a and categorizes the permanent citizens. 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.. Interestingly, and on contrary, J&K constituent Assembly in 1981 with full majority passed a law, the J&K Resettlement Act, that led to open doors for those Kashmiris and their descendants who had migrated to Pakistan, or Persons of J&K (PoJ&K) during partition in 1947, to return to J&K as its legitimate citizens and take charge of their ancestral properties but the same POJ&K who were forced to cross Kashmir and settle in Jammu cannot get the Permanent Citizens. The fear of Pakistan's interference in this controversial issue with India's restrained conciliatory approach has left the people in the valley in a situation of dangerous . 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. The Chinese remarks, by their UN representative talking of Indian action affecting their sovereignty, should be taken more seriously. 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. 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. 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. Thus, this Article 35-a is much draconian and violates the article 14 of Indian Constitution values of Gender Equality and human rights. 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. The issue covered by various media channels. The Centre must be cautious. All Indian laws will be automatically applicable to Kashmiris, and people from outside the state will be able to buy property there. India and Pakistan subsequently went to war over it and each came to control different parts of the territory with a ceasefire line agreed. Indian Government asked major Indian industrialists to set up industries in J&K and help the local residents with employment. The compliance of these conditions was to be followed by a plebiscite. Progressive laws passed by various courts in India that benefit the masses will now also be applicable to people of. Save my name, email, and website in this browser for the next time I comment. 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. The BBC is not responsible for the content of external sites. Now, Women and Homosexuals have equal rights as Men and the Human rights are guaranteed as per Article 14 of Indian Constitution. Article 370 Essay: One of the highly controversial topics in the country from last year was the abrogation of article 370. Mehbooba Mufti, a former chief minister, is protesting the loudest. 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. ABROGATION OF ARTICLE 370. Article 370 violated virtually every parameter of a liberal democracy- that of pluralism through its creation of religious divisions in the state and its governance, that of equal opportunity and civil rights by professional and social exclusions and that of basic equality of law. From the Indian perspective, the Modi government, with a comfortable legislative majority, is not known to buckle down under pressure. 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. Further, during the period February 1956-February, 1994, forty-seven Presidential Orders have been issued in relation to the state of Jammu & Kashmir. India's BJP-led government is hailing its decision to strip the state of Jammu and Kashmir of autonomy after seven decades, characterising it as the correction of a "historical blunder". Such an order, however, is to be preceded by the concurrence of J&K's Constituent Assembly. Abrogation of Article-370 - For and Against It's a debatable question whether Article-370 should be abrogated or not. Abstract: This research paper talks about abrogation of article 370 and article 35A of Indian constitution. He said that the . Kashmir, a Muslim-majority state was ruled by Hari Singh, a Hindu ruler who initially decided to maintain a sovereign kingdom of Kashmir. The 'modernisation' project of building the Kashi corridor has resulted in the unabated destruction of centuries-old temples and their surrounding areas. Because of its historical significance in Indian politics, article 370 has elicited strong reactions from politicians of all shades. 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. 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. As a result, Jammu and Kashmir could make its own rules relating to permanent residency, ownership of property and fundamental rights. Hence Nehru is answerable to all acts of commission and omission, consequences of which we are suffering till date as far as J&K . 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. He holds MPhil (Library & Information Sc), MA, PG Diploma in Journalism. Pakistan is going through its worst time economically, diplomatically and also its defenses too are not in sound track. 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. This website is using a security service to protect itself from online attacks. 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 government has used Article 370 (3) as a Presidential Order to abrogate this contentious provision. . Article 370 was enacted in 1954 and was a recommendation made by the Jammu and Kashmir constituent assembly. 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 . It seems prepared for initial criticism and trouble brewing in certain pockets of the state. In June last year, India imposed federal rule after the government of the then chief minister, Mehbooba Mufti, was reduced to a minority. Why did the government do it? There are many such issues which Pakistan is neither capable of dealing in or responding to. After the Abrogation, J&K has become a Union Territory (UT) government by the Federal Government. Using this article 35-a, J&K discriminated against Non Permanent residents as second grade citizens. Interestingly, J&K residents can insult Indian Constitution, Preamble, National flag and even burn it. 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. 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. The bill that's been introduced is for reorganisation, you've had reorganisation of Bihar, Madhya Pradesh, etc. That is why the bold initiative of Prime Minister Narendra Modi of abrogating Article 370 was hailed not only by the people of the country, but varied sections of almost all the communities across the state. Without Article 370, the above discussions were automatically ceased. 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. The Pakistan Army, widely believed to be the real reason behind Khans accession, will also have an easy time. On the issue of ascertaining wishes of the Kashmiri people, that Pakistan and many in India are clamouring for, the basic condition of the UN mediated ceasefire in 1949 the plebiscite was to be preceded by the complete removal of Pakistani forces from the entire Kashmir region and maintenance of minimum forces by India for law and order duties. 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. 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. J&K Constituent Assembly was mandated to decide the fate of Article 370 but before its dissolution, it didn't make any recommendation for repealing or modification of Article 370. 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. In 1947 at the time of independence the Indian sub continent was partitioned on . 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. Now, Jammu and Kashmir no longer qualifies as a state and has become a union territory. 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. 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. 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.. She is one-sided in her arguments. 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 article granted a special status to Jammu and Kashmir. 2022 BBC. Click to reveal 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. 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. Thus, Every law that was framed in Indian parliament automatically applies to J&K and Ladakh. Why is Pakistan so anxious about the removal of Article 370? The abrogation of 370 thus rectifies an egregious trespass on the basic tenets of India's democracy, constitution and national integrity. Learn on the go with our new app. Narendra Modi abrogated article 370 and 35A in respect of the Indian-held state of Jammu and Kashmir. 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. Given the depth of the impact it will have on the Indian subcontinent as well as on the people of Kashmir, lots of debates have happened over this particular article in the Indian constitution. The application of Article 370 to Jammu and Kashmir state was a major deadlock in the development of this state. Cloudflare Ray ID: 7780b9f55ddb8d00 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 Federal Government prior to COVID had planned for a Global investor summit 2020 in J&K to attract investors and propel the business opportunities to local youth and help them to empower themselves with skills. Why? Even after generations passed, these people were treated as second grade citizens. 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. PERSONALITY TEST PROGRAMME 2019 (Current Affairs Interview Issues) ABROGATION OF SPECIAL STATUS UNDER ARTICLE 370. The US has its priority on withdrawal of its troops from Afghanistan. Yes, Article 370 (3) permits deletion by a Presidential Order. 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. Abrogation of Article 370 has opened J&K to investors and even FDIs. "We went wrong in choosing India over Pakistan" she said. Abrogation of Article 370 Kashika Mahajan BhartiyaVidyapeeth College, B.B.A L.LB . In the midst of economic difficulties, it will again have a natural reason for enhanced funding from stretched national resources. "I want to tell the people of Jammu and Kashmir what damage Articles 370 and 35A did to the state," Mr Shah told parliament. Introduction. 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. There have been localised troubles but contrary to popular apprehension and unabated propaganda from Pakistan, by and large the atmosphere has remained peaceful. This is why this place has seen towering promises made by towering political figures getting buried without even a whimper. 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. Abrogation Article 370. 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. 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. 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. Love podcasts or audiobooks? 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. Abrogation of Article 370 was long overdue. 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. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. 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. 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. Article 370 Advantages And Disadvantages: Article 370 was a means of keeping Kashmir connected to India. That could leave any challenge up to individuals or activists. 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. 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. 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. And it is the reason that usually reluctant Chinese have been cosier to India in recent months. 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 . Foreign affairs, defence and communications remained the preserve of the central government. 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. 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. Quite astonishingly, it displays a severe dearth of diplomatic skills on part of Pakistan government. 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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. 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. 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. 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. 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. 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. The Chinese are very deft in securing territories, with stealth and threat, without firing a single bullet and that is clearly evident in their actions in Tibet (1955), against India (1962) and in the South China Sea against countries like Vietnam, Philippines, Taiwan, Thailand, Indonesia and Malaysia. However, a few exceptions exist for laws related to defense, foreign affairs, finance, and internal & external communications. 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. 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This type of special provisions for J&K directly violates the Preamble of Constitution and territorial integrity of India. 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. 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. How social stigmas contributed to the spread of monkeypox, Echoes of the Balkans: Bringing faith and media together as a prerequisite for peace, Russia Relegated to the second-division of military powers, We must summon strategic resolve to nix No-limits China-Russia nexus, Sino-Russian cooperation threatens U.S. interests allies or not, Beijings scramble for soft power resurrection, Why India and Pakistan need to leverage their cultural rituals to kick start arms control talks. Before jumping to a conclusion, it is important to have a basic understanding of the genesis of this contentious constitutional provision. You can email the site owner to let them know you were blocked. Further, it even ceded Sakshgam Tract, part of Kashmir to China under a so-called China-Pakistan Boundary Agreement, 1963. 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.. 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. Hari Singh was forced to seek help from India and Patel compelled him to sign an Instrument of Accession with India. The union territory of Ladakh too, will join in the other parts of India as a terror-free tourism hot spot for global tourists. In the backdrop of such complexities, the decision to abrogate Article 370 seems to be a right one. It will continue to offer some kind of financial and military aid, as a leverage to secure Pakistani support on bringing Taliban to positive negotiations. 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. The Indian parliament could make laws for J&K with extremely limited areas of jurisdiction. The government is also moving to break up the state into two smaller, federally administered territories. Priyvrat is a writer, conservationist and a student of history. Abrogation of Article 370 is rather a bold step that Prime Minister Modi implemented last year. 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. And on many occasions, the state was under the Presidential Rule. Because of its historical signicance in Indian politics, article 370 has elicited strong reactions from politicians of all shades. The Canadian economist Pierre Lemieux has called the concept of national interest a tool for tyranny because it justifies preferences of some individuals over others. The foreign minister Qureshi openly suggesting that Nehrus India (his party the Indian National Congress) would have been much better than Modi. Article. 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. It can be well understood that National interest cannot be invoked loosely or ubiquitously to countermand constitutional provisions. 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