Abrogation of Article 370: A Turning Point in Jammu and Kashmir's Constitutional and Political History

Jammu and Kashmir, the most prominent state of the Republic of India, borders Pakistan and China. This state was given special status by the Indian Constitution in the form of Article 370. Article 370 was a temporary provision of the Indian Constitution. This article gave the state of Jammu and Kashmir the power to make its own constitution, separate flag and take decisions independently. This article was repealed by the Government of India on 5 August 2019. Let us know - the history of Article 370, its political and social impact, and the consequences of its removal will be analyzed in depth.

History of Article 370

When the whole of India was under the British Empire, India got independence from the British in 1947, and it was divided into two parts, the first part was called India and the second Pakistan. All the princely states were asked to join either Pakistan or India. But King Hari Singh of Jammu and Kashmir decided not to join India or Pakistan and remain independent.  He said that Jammu and Kashmir will remain an independent country. After some time, the tribal group attacked Jammu and Kashmir with the support of Pakistan. King Hari Singh of Jammu and Kashmir sought help from India. India's Prime Minister Jawaharlal Nehru refused to help and said that we have no part in you. On India's refusal to help, on 26 October 1947, Maharaja Hari Singh of Jammu and Kashmir signed the Instrument of Accession and Jammu and Kashmir became a state of India. Under this accord, Jammu and Kashmir became a part of India, but the state was given some special rights. That special right is known as Article 370. In 1949, despite the opposition of Dr. Bhimrao Ambedkar, the Constituent Assembly included Article 370 as a temporary provision.

What is Article 370 ?

 Article 370 was a special status given to Jammu and Kashmir by the Indian government, included as a provision of the Indian Constitution. Which made Jammu and Kashmir different from all other states.

 Main provisions of Article 370

According to this Article 370, Jammu and Kashmir had its own constitution. Jammu and Kashmir had its own flag and the right to independently take any decision in any matter. The Indian Parliament could only make laws related to defense, foreign policy and communication. The residents of Jammu and Kashmir had dual citizenship. Their citizens had Indian citizenship as well as Jammu and Kashmir citizenship. To implement any law of India in Jammu and Kashmir, the government had to take consent from the President.

Article 35a  (Part of Article 370 of the Indian Constitution)

Article 35A was a special provision of the Indian Constitution that gave special rights to the state of Jammu and Kashmir only compared to other Indian states. This article gave the state the power to define its "permanent residents" and give them special rights. This article was added as part of Article 370 under the Delhi Agreement of 1952 between India and the Government of Jammu and Kashmir. Under Article 370, it was added to the Constitution on 14 May 1954 by the order of the President. According to Article 35A, the Legislative Assembly of Jammu and Kashmir will decide who is a permanent citizen of Jammu and Kashmir. And only permanent citizens have the right to buy land there. Only permanent citizens will be eligible for jobs, scholarships and other social benefits there. The validity of this Article 35A could not be challenged under any part of any article of the Indian Constitution.

Effect of Article 370

Due to Article 370 in the Indian Constitution, the residents of Jammu and Kashmir felt different from other states. Big investors were not allowed to buy land there, so economic development was limited there. If any woman of Jammu and Kashmir state marries an outsider (member of another state of India), she does not get the rights of the state. Apart from this, the biggest effect of Article 370 in the state of Jammu and Kashmir was that the terrorist and Allahabad ideology got strengthened in the state of Jammu and Kashmir.

Abrogation of Article 370 (5 August 2019)

As per the announcement of Home Minister Amit Shah by the Government of India, on 5 August 2019, most of the provisions of Article 370 were abolished through Presidential Order and approval of Parliament. And by the Government of India, the state of Jammu and Kashmir was divided into two Union Territories – Jammu and Kashmir and Ladakh. But Jammu and Kashmir will have an assembly and security matters will remain with the central government as in Delhi and Puducherry, but Ladakh will not have an assembly, the entire control will be under the control of the central government.

Major changes after the repeal of Article 370

With the repeal of Article 370, the state of Jammu and Kashmir will get all the rights that other states get according to the Indian Constitution. Huge investments and industries will get an opportunity to grow. Women, Dalits and tribals will get equal rights. India's policy and position towards Jammu and Kashmir will be clear at the international level. This will prove to be an important step taken by India in the condition of political stability.

Some regional parties and some parties of Jammu and Kashmir had called it unconstitutional. Internet and mobile services were banned for a long time in some parts of Jammu and Kashmir. The repeal of this Article 370 was also criticized by some human rights organizations. India's neighbouring country Pakistan strongly opposed this on international forums, but in response to this all the countries including the United Nations adopted a neutral stand on this. In response to a question asked from India, the Home Ministry of India called it an internal matter of India.

Conclusion 

The abrogation of Article 370 marks a historic and transformative moment in India's constitutional and political journey. While Article 370 once gave Jammu and Kashmir a unique identity and autonomy, over time, it also became a barrier to full integration and development. Its removal on 5 August 2019 aimed to bring the region at par with other Indian states, ensuring equal rights, opportunities, and national unity. Although the move sparked debates and faced criticism from some political groups and international observers, it also opened doors for economic growth, social justice, and administrative reforms in the region. Ultimately, the success of this decision will depend on peace, progress, and the inclusive development of Jammu, Kashmir, and Ladakh in the years to come.