Article 370 Revoked - Full analysis

Historical Background / Timeline

• Prior to 1947- J&K was a princely state ruled by kings of the Dogra lineage.
• 1947 Aug- The King did not sign IOA in favor of either PAK or IND.
• 1947 Oct- Tribesmen from PAK border invaded- Raja Hati Singh wrote a letter to Mountbatten-seeking help- attached an 'Instrument of Accession' to India- GGI accepted.
• 1948 March- Sheikh Abdullah, interim prime minister in J&K.
• 1949 June- Raja Hari Singh transferred powers to his son Yuvraj Karan Singh Bahadur.
• 1950 Jan- Indian Constitution Came into effect.
• 1951 May- YKSB issued a proclamation for the election of Constituent assembly.
• 1953 Aug- PM Abdullah was dismissed by YKSB and Ghulam Bakshi was appointed.
• 1954 Feb- J&K's Constituent Assembly ratified the state's accession to India- India's process of integration was complete.
• J&K's relationship with India was guided only based in the Instrument of accession, Article 370 was added along with Article 35(A).

Article 370

• J&K had its own constitution, laws passed by parliament were applicable to the state.
• The President was empowered to decide, which provisions of the Indian constitution would be applicable to the state. i.e.,(Art. 370)
• Considered temporary (Art. 370) and it will cease to operate if the president issues a 'public notification' to that effect, with a Prior recommendation from the constituent assembly.
• Temprory, Transitional & Special Provisions.

Article 35(A)

• Separate residential laws, citizenship, property ownership, fundamental Rights of J&k
• Non-Native of J&K has no right to purchase land.
• State women if married to non-state persons, her children wouldn't get the inheritance.

- No financial emergency can be declared

-Indian Parliament has no power to the state border.

-No state list for J&K.

-Most of the residuary powers belong to the state.

-No preventive detention.

- provisions of the Indian constitution which are applicable to other states are not applicable to J&K

-Has own constitution & Flag.

Way to amend

"Any alteration to the Art. 370, shall be done only on the recommendation of  Sadar-i-Riyaasat, on

The Advice of the council of ministers or constituent assembly"

What has actually been done

(Firstly, Art 370, empowers prez)

• As of now, there is neither a constituent Assembly nor the state Govt. and the state is under the president's Rule (Governer).
• President Ramnath kovind, under Art. 370 issued an order, which enables the governor to give his concurrence on behalf of the state govt.
• This order Superscides, the order of 1954 this means that all the provisions that formed on the basis of a separate constitution of J&K stand abrogated All provisions of the Indian constitution shall apply to J&K too. 

- Home Minister Introduced 2 resolutions,

1. Article 370- Inoperative
2. To accept J&K Reorganisation Bill.

Status Of J&K now

• Has been declined
• of special status
• of statehood
• of special Muslim majority state status.
• J&K got divided into 2U'Ts
• J&K (with legislature)
• Ladhak (no legislature)
• BEFORE
• Dual Citizenship
• Separate Flag, constitution
• Art. 356,360 not applicable.
• No reservation for minorities.
• Non-state members can't buy land.
• RTI not applicable.
• Duration of Leg. Ass. 6 years.
• Station police.
• Women marrying non-Kashmiris would lose their property rights.

• NOW
• Single Citizenship
• only Indian constitution tri flag.
• all kinds of emergencies are applicable.
• Reservations for minorities.
• Any Indian citizen can buy land
• RTI applicable
• To be 5 years
• Central police
• would retain property rights.

Wrongs Done

• Kashmir issue has since been its inception had been a bone of contraction between India and Pakistan and J&K itself and India. Since its integration, there have been countless incidences of chaos, turbulence, loss of lives, disturbances, bloodshed and every possible turmoil which faded away the tranquility of the valley and people there have been living in constant fear, agony, disapproval, and dis-satisfaction.
• All this needed to be and had to end someday, but not in such a haste and unprecedented chutzpah, which may now have unleashed a chain of events difficult to predict or contain. There is no doubt that more will be legally challenged and beyond the legality, the real test will be on the streets of J&K and Delhi once the security cordon is lifted.

With the growing global terrorist activities, the USA's immediate withdrawal from Afghanistan has made Kashmir more vulnerable than ever.

1. This hasty & healthy move will strain India's social fabric not only in J&K but also for federalism, parliamentary democracy, and diversity.
2. Equivalising the Constituent Assembly with the legislative assembly of all states has undermined the statue of the constituent assembly. 
3. Using presidential power, in the absence of state legislature overrides the fearlistic principles.
4. Issuing the order without public notification has undermined democratic principles.
5. house arresting the prominent state leaders has curbed their rights of expression and dissent.
6. Opinion, Assent of people of J&K have been ignored.
7. Centre has extensively used its powers by,
1. converting a state into 2UT's without a representative state govt.
2. Equivalising Governer with the state legislature.
3. Dispensing the state Govt's role. 

Further central Govt. has given Kashmiris 2 options,

• Either assimilate into the mainstream (or)
• Be Banished and evicted by force.

The special status of J&K was meant to end, but only with the concurrence of people. The center's abrupt move has disenfranchised them on a matter that directly affected their life and sentiments.

  

moreover, this was done after a massive military build-up and the house arrest of senior political leaders, and the communications shut down reveals a cynical disregarded of democratic norms.

Metaphorically, J&K is the crown of secular India - a Muslim majority region in a Hindu majority country, its people & leaders chose secular India over Islamic PAK, hence whatever the Indian Govt. makes efforts hereafter should at least then consider the requisites of Kashmiris.

Way Forward

• Govt. should try to assimilate Kashmiri youth, make them trust Indian govt.
• Indian govt. shall try to reduce violence, turmoil in the valley as much possible.
• Govt. should immediately start development activities, educational aspects and try to raise standards of living os Kashmiri people and win their trust of Kashmiri people and win their trust.
• Assure then safety and security.
• Provide employment opportunities, by acknowledging their own culture by employing them in the tourism sector.
• Govt. should consider native people's opinion, wish and requisite before formulating any policy or low.

Advantage's

• Govt's special expenditure on the state can be reduced.
• Internal security can be enhanced
• Indian unity can be strengthened
• Kashmiri pandits can get their recognition
• developmental activities can be enhanced.
• loss of life, low & order issues can be reduced
• the economy of the country improves, as this state is added to India.