Jawaharlal Nehru, in stressing on the temporary nature of the provision, perhaps understood its long-term unsustainability and detrimental nature. All Indian laws will be automatically applicable to Kashmiris, and people from outside the state will be able to buy property there. Using such abusive language against leader of the largest democracy in the world is simply put, short of any diplomatic art or finesse. The removing of Article 370 is in fact a good choice at the right time. Click to reveal 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. 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. Interestingly, J&K residents can insult Indian Constitution, Preamble, National flag and even burn it. 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. The other is Buddhist-majority Ladakh, which is culturally and historically close to Tibet. 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 . 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. It was that 'wrong' that . 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. "I want to tell the people of Jammu and Kashmir what damage Articles 370 and 35A did to the state," Mr Shah told parliament. On 5 August 2019, the Government of India revoked the special status granted to Jammu and Kashmir under Article 370 of the Indian Constitution through a series of far-reaching measures. 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. Mehbooba Mufti, a former chief minister, is protesting the loudest. The article allowed the state a certain amount of autonomy - its own constitution, a separate flag and freedom to make laws. While the legality of the move appears well catered to due to the natural state of Jammu and Kashmir being integral to India, and the unquestionable primacy of the parliament of India in framing laws of the land, it is its logic which is more pressing, and the opposition to which by some, more distressing. Foreign affairs, defence and communications remained the preserve of the central government. India and Pakistan subsequently went to war over it and each came to control different parts of the territory with a ceasefire line agreed. 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. Why? Pakistan which should have retaliated either directly or indirectly after the Surgical Strike and Air Strike, failed to do so. 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. 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. 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. From the Indian perspective, the Modi government, with a comfortable legislative majority, is not known to buckle down under pressure. 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. But there hasn't been much of a state government in Jammu and Kashmir for over a year now. 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. Indian Supreme Court is seized of the legality of this governmental order that has been brought up before it by some individuals. After revocation of Article 370, the army launched a special initiative called "Mission Reach Out" to provide assistance to the. 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. In the midst of economic difficulties, it will again have a natural reason for enhanced funding from stretched national resources. The Pakistan Army, widely believed to be the real reason behind Khans accession, will also have an easy time. 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. Abrogation of Article 370 is rather a bold step that Prime Minister Modi implemented last year. 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. Indian forces reached Kashmir and a protracted battle, lasting October, 1947 to January, 1949 finally led to a ceasefire agreement under the UN auspices. Indian constitution's Article 370 grants special status to Jammu and Kashmir. 2022 BBC. One region will combine Muslim-majority Kashmir and Hindu-majority Jammu. 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. 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. Before jumping to a conclusion, it is important to have a basic understanding of the genesis of this contentious constitutional provision. 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. Taiwan Reports Large Incursion by Chinese Air Force, Lizzie Truss Took An Axe, Gave the Taxes Forty (Five Billion) Whacks, Bangladesh and Pakistan: The Great Divergence, US Military: Planning Underway for Pelosis Potential Taiwan Visit, J-K Police busts extortionist gang in Budgam, Six persons had consumed high dose of drugs in Jammus Sidhra on Aug 17: Police. Senior international lawyer, Harish Salve explains Article 370: "Article 370 provides for a presidential order. Article 370 is exclusively provided to Jammu & Kashmir. The Kashmir Valley was placed under a virtual lockdown with all communication lines cut and political leaders placed under house arrest. 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. 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. 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. Lt Gen Satish Dua (retd) 5 August, 2021 11:41 am IST Indian intelligence sources have already confirmed that various launch pads in the Pakistan administered Kashmir are already in the process of being reactivated. To attend to the case at hand, the abrogation of Article 370 is a case much simpler. 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 . Article 370 Advantages And Disadvantages: Article 370 was a means of keeping Kashmir connected to India. 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. 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. 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. 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 . Quite astonishingly, it displays a severe dearth of diplomatic skills on part of Pakistan government. 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. One, that instead of serving the people of J&K as was being claimed by. 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. In the first few days of August, there were signs of something afoot in Kashmir. 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. 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. The move also fits in with Mr Modi's desire to show that the BJP is tough on Kashmir, and Pakistan. Read about our approach to external linking. They argued it needed to be scrapped to integrate Kashmir and put it on the same footing as the rest of India. 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. Narendra Modi abrogated article 370 and 35A in respect of the Indian-held state of Jammu and Kashmir. 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. The Chinese remarks, by their UN representative talking of Indian action affecting their sovereignty, should be taken more seriously. 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 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. 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. 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. Interestingly, while worldwide it has been given a color of being a bilateral dispute between India and Pakistan, the questionable silence of Indian government on the issue, is intriguing. 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. ABROGATION OF ARTICLE 370. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. It is certain to be resisted by a fair section of local populace initially and Pakistan and China, at the regional level. 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. India's government has revoked part of the constitution that gives Indian-administered Kashmir special status, prompting fears of unrest. 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. Hence Nehru is answerable to all acts of commission and omission, consequences of which we are suffering till date as far as J&K . While Jammu is Hindu Majority and Kashmir Valley is Muslim Majority apart from the Buddhist Majorty Ladakh another UT. 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. We must remember that conditions and circumstances change and with the change in times constitutions too change. There are 4 main reasons for Pakistan's anxiety. One positive fallout of Article 370 abrogation is that the people of Kashmir have realised three very important things. 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. Let's explore all of them. But, it is not going to be an easy job. Save my name, email, and website in this browser for the next time I comment. Is Beijings grip on Malaysia and the region inevitable? 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. Your IP: 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 . 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. 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. 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. 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 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. Article 370 Essay: One of the highly controversial topics in the country from last year was the abrogation of article 370. This website is using a security service to protect itself from online attacks. 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 . We have grown so used to the status quo that a change of this magnitude challenges our intellectual faculties. Using Section 6 of J&K constitution, it invokes the article 35-a and categorizes the permanent citizens. 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 meant the federal government only had to seek the consent of the governor who imposes its rule. The narrative of Sikhs coming to the aid of Hindus needs to be re-examined. The precarious state of the Pakistan economy is another factor that needs attention. 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". 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. After the abrogation of Article 370, the . The Indian parliament could make laws for J&K with extremely limited areas of jurisdiction. You can email the site owner to let them know you were blocked. 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. What followed was a 5-day lockdown in the State of Jammu and Kashmir. 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. Progressive laws passed by various courts in India that benefit the masses will now also be applicable to people of. Kashmiris as well as. 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. The bill that's been introduced is for reorganisation, you've had reorganisation of Bihar, Madhya Pradesh, etc. 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. 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. Abrogation of Article-370 - For and Against It's a debatable question whether Article-370 should be abrogated or not. Kashmir is a Himalayan region that both India and Pakistan say is fully theirs. Article 370's abrogation from Kashmir: Good days ahead! Now, Women and Homosexuals have equal rights as Men and the Human rights are guaranteed as per Article 14 of Indian Constitution. Arguments stating that it was a temporary provision and was subsequently required to be done away with in a few years, favored its abrogation. Lincoln, the saviour of the integrity of the American union and a veritable hero of history for championing democracy and civil rights, was assailed throughout his presidency as being a dictator, a despot and a tyrant. Yes, Article 370 (3) permits deletion by a Presidential Order. 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. Arguments in favor of and against, on the issue of abrogation, are perfectly balanced. 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. 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