The Bold Abrogation Of Article 370

The State Of Jammu And Kashmir Is Accorded Special Recognition Under Article 370 Of The Indian Constitution. It Is A Temporary Clause. This Article Was Only Intended To Serve As A Temporary Measure Until A Plebiscite Was Held To Ascertain The General Public's Preferences. The Jammu And Kashmir Constituent Assembly Possessed The Power To Alter, Delete, Or Retain It.

Conversely, There Has Been A Lot Of Talk Lately Over The Transitory Status Of This Article. They Are Long-Term Provisions, According To Claims Made By The Government And The Courts Frequently.

Article 370: About

• Article 370 Of The Indian Constitution Gave Jammu And Kashmir, A Region Claimed By China, Pakistan, And India, Special Status.

• Article 370 Recognizes The State Of Jammu And Kashmir's Special Autonomy, Legislative Authority, And Ability To Pass Laws For Its Permanent Residents.

• It Was Penned By Indian Constituent Assembly Member N Gopalaswami Ayyangar And Added To The Constitution In 1949 As A "Temporary Provision."

• It Allowed The State To Have Its Own Flag, Constitution, And Level Of Autonomy Over Most Matters, With The Exception Of Communications, Defense, And Foreign Policy.

• It Was Founded On The Conditions Of The 1947 Instrument Of Accession, Which Jammu And Kashmir's Ruler, Hari Singh, Signed In Order To Join India Following Pakistan's Invasion.

Implementation Of Article 370

• The Government Of Jammu & Kashmir Provided The Initial Draft Of Article 370. Article 306a (Later Named Article 370) Was Ultimately Approved By The Constituent Assembly On May 27, 1949, Following Revisions And Negotiations. 

• The Resolution's Proposer Said That Even If Accession Was Successful, India Had Promised To Hold A Plebiscite Once The Prerequisites Were Met And That, In The Event That Accession Was A Failure, And We Will Not Obstruct Kashmir's Decision To Separate From India.

• Ayyangar Reaffirmed India's Promise To A Referendum And The Creation Of An Independent Constitution By The Constituent Assembly Of J&K On October 17, 1949, The Day That Article 370 Was Finally Added To The Indian Constitution And Put Into Effect By The Constituent Assembly Of India.

Abrogation Of Article 370

• The Constitution (Application To Jammu And Kashmir) Order Of 2019 Was Issued By The President Of India On August 5, 2019, Rendering The Jammu And Kashmir Constitution Infructuous. 

• Parliament Passed The Jammu And Kashmir Reorganization Act Of 2019 On August 5, 2019. This Act Split The State Of Jammu And Kashmir Into Ladakh And Jammu And Kashmir, Two Union Territories.

Abrogation Of Article 370: Sc Verdict

• The Supreme Court's Constitution Bench Unanimously Maintained The President's Authority To Revoke Article 370 Of The Constitution, Which Resulted In The State Of Jammu And Kashmir (J&K) Being Divided Into Two Union Territories And Stripped Of Its Unique Rights In August 2019. 

• It Argued That, During A Period Of Internal Conflict And Warfare, Article 370 Was Merely A "Temporary Provision" To Facilitate The Then-Princely State's Admission To The Union.

Abrogation Of Article 370: Effects

• The State Of Violence In Jammu And Kashmir Has Significantly Decreased Since Article 370 Was Repealed.

• Over 500 Terrorist Incidents Have Been Reported In The Last Four Years, And Over 300 Militants Have Been Killed By Security Forces, According To Official Data.

• This Can Be Ascribed To Several Things, Such As Tighter Security Protocols, Improved Intelligence Collection, And A Drop In Popular Support For Militancy.

Abrogation Of Article 370: Reasons Behind It

• Hindered The Growth Of Jammu And Kashmir: The Implementation Of Article 370 Stoked Separatist Sentiment And Hindered The Region's Development, Making It More Challenging For The Area To Completely Integrate Into The Indian Union. With Complete Integration, It Was Believed That J&K Citizens Would Have Improved Access To Opportunities, Resources, And Infrastructure.

• Discrimination Among Vulnerable Groups: Women, Dalits, As Well As Other Vulnerable Groups In Jammu And Kashmir, were Subject To Discrimination In Accordance With Article 370. They Would Have Equal Rights And Opportunities And Be Governed By Indian Law As A Result Of The Abrogation.

• Encouraged Terrorism: Pakistan Utilized The Special Status Granted By Article 370 To Encourage Secession As Well As Terrorism In Kashmir. The Abrogation Therefore Would Enhance National Security By Providing The Indian Government Ultimate Control Over The Kashmir Region As Well As The Capacity To Build Strict Sanctions Against Any Terrorist Activities In That Region.

• Not Accountable: The Government Of Jammu And Kashmir Was Not At All Transparent As Well As Not Accountable For Its Actions Because Of Article 370. The Abrogation Hence Will Put The State Under The Vigilant Authority Of The Right To Information Act As Well As The Central Vigilance Commission, Leading To Improved And Enhanced Governance And Accountability.

• Hindrance To Economic Prosperity: Article 370 Caused Hindrances To The Economic Prosperity Of Jammu & Kashmir. The Abrogation Would Enable More Investment, Tourism, And Job Creation In The Region. The Recent Supreme Court Decision Has Not Only Upheld The Principles Of "Ek Bharat, Shreshtha Bharat," But It Has Also Served As A Powerful Reminder Of The Importance Of Collaboration And A Common Commitment To Good Governance.  

  
  

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