Youth politicians are uneasy about raising their voices for the fear of being booked and detained. Finally after conducting a study of removal of Article 370 this research article studies the impact of the removal of Article 370. The Bhartiya Party has long called for the end of Article 370, both in its 963 (India). Majority of the States population will be in the union territory of Jammu and Kashmir which basically comprises the Kashmir valley a Muslim majority and Jammu with a Hindu majority and the newly created union territory Ladakh, filled with an almost equal population of both Buddhists and Muslims. Accessed April 26, 2021. http://www.jstor.org/stable/41261362. As it was stated earlier in Article 370(3) that to remove Article 370 or to make it an inoperative recommendation from the constituent assembly of the state of Jammu and Kashmir was needed but this constituent assembly was abolished in 1957 so lack of existence of constituent assembly became a hurdle in the removal of Article 370 but this hurdle was removed by presidential order 2019 by amending article 367 which is interpretation clause of Constitution by adding clause (4) in this article which replaces the word constituent assembly by legislative assembly so now there is no need of constituent assembly as it is replaced by the legislative assembly. He cautioned that Washington is likely to side with India on this issue. Now, more stringent detention laws[2] could be carried out as the National Security Act would be extended to Jammu and Kashmir as well. August 1965 to January 1966 was a period of war between India and Pakistan which ended post the signing of the Tashkent Declaration[8] by the Indian Prime Minister Lal Bahadur Shastri and the Pakistani president Ayub Khan. Das, Evita. The abrogation of Article 370 and 35A is a progressive step and was necessary for the growth and advancement of the region as well as for the whole country. With respect to Pakistan, the country has decided to approach the United Nations Security Council about the Kashmir issue. Ladakh remained a UT under central rule. Pakistans bid for debate in the UNSC has also been rendered unsuccessful. However, he added that no migration of Kashmiri Pandits from Kashmir has taken place in the past five years. The children of such women also did not have any succession rights and thus the revoking of the Article would end the age-old discrimination against the women of J&K who had chosen to marry from outside the state. Former SPD Official Khalid Banuri advised that International Court of Justices advisory opinion should be sought through United Nations General Assembly. Get latest articles and stories on India at LatestLY. Copyright 2018 lawaudience.com All Rights Reserved. So Article 370 was known to be the permanent provision of the Constitution. Sharma, Bodh Raj. Secondly, the abrogation also seen as a humiliation of the Kashmir-based leadership, which, indeed, pleased many sections of the Jammu society. This was temporary provision intended to be in force till the formulation and adoption of States Constitution. An Assembly is elected as a representative body of people, and the Governor is representative of the Centre. These unrests have been tackled by prohibitions on public gatherings and mass arrests of people termed as miscreants under the draconian PSA. Under Part XXI of the Constitution of India, which deals with Temporary, Transitional and Special Provisions, the State of Jammu and Kashmir has been accorded special status under Article 370. All the provisions of the Constitution, which are applicable to other states, may not be applicable to Jammu and Kashmir, was the earlier provision. The Pakistani foreign minister Shah Mehmood Qureshi has criticized Pakistan, who has decided to boycott trade with India. The Government might face the following Legal Challenges over the abrogation of Article 370. While formulation of Constitution for the whole India, all Princely States were invited to send representatives to Indias Constituent Assembly. It was clubbed with eight other states under Part B, Schedule 1 but with the exception that the latter were governed under Article 238 but J&K was put under Article 370 (Sharma-1958). Eid Al Adha, one of the core festivals for the people in the state, was celebrated in a sense of lockdown, unknowing and scared. Further, this research article also defines Article 370, and Article 35A as an addition to it. Zahra, Masrat, and Peerzada Muzamil. It granted autonomy to the State of Jammu and Kashmir in India, which has a federal structure and also has a unitary ethos. Ladakh was further separated and was accorded a separate Legislature, whilst Jammu and Kashmir valley was to have a State Assembly. The main merit resulting from the abrogation of Article was that it will open the market of the state. Now there was scope for rapid development under Central rule. Kashmir is peacefully on its path to development.". Other challenges like Pakistan-sponsored terrorism, extremism, proxy war and internet ban in the state also persist. The then Hindu ruler, Maharaja Hari Singh preferred to remain sovereign although widespread resistance was already visible against him in the form of Quit Kashmir movement (The Muslim populace was against Hari Singh and wanted him to secede to Pakistan). These women describe the whole horrific process as being widowed by conflict, isolated by arrest (Zahra, Muzamil-2020). The article provides substantiative evidence in support of the human rights violations that occurred as an aftermath of oppressive acts such as the Public Safety Act (PSA) and Armed Forces Special Protection Act (AFSPA). It can give a carte blanche to the Government to extend such provisions to Kashmir. Within India, the valley is torn in a tussle of power between state and central governments. Interested to publish your article on our website? On the same day after passing of presidential order 2019, our honorable home minister Mr. Amit shah passed two resolutions in the upper house of parliament with a 2/3 majority. The abrogation of Article 370 has impacted every Kashmiri citizen, especially the Kashmiri women, and suppressed lower classes. 2. Despite the signing of the instrument of accession and despite joining the domain of India the Jammu and Kashmir state cant become an integral part of India like other states because Jammu and Kashmir state was given special status by application of Article 370 to this state so this state has its separate Constitution and provisions of the Constitution of India didnt apply here and the legislature of a union of India cant decide for this state except for 3 subjects and union government of India didnt have full access to this state because of which this state remained underdeveloped in comparison to another state of India and the incidents of violent activities were increasing day by day here due to lack of full control and access of union government of India to this state. The government's move on August 5, 2019, helped J-K move towards peace after 30 long years of turmoil in the Himalayan region. In addition to that, resources are used to back up the claims presented through findings of the Press Freedom Index, Reporters without Borders, and Jammu-Kashmir Coalition of Civil Society. Kashmir Police Chief Vijay Kumar told Republic TV that post the abrogation of Article 370, the Kashmir Valley marked a significant improvement in the situation on counts of terrorism, law and order, and security. Amnesty International says the Indian Government policy in the region gives its army legal immunity for their actions, making conviction rates close to zero. The Court laid down no limit whatever regards time or content. But their attempts were foiled as the security forces acted swiftly and eliminated most of the terrorists who were involved in carrying out the attacks against innocent civilians. Secondly, it is also unclear, that if the Governor has been assigned powers to decide the intricacies of the problems in the state, then it seemingly denotes the supremacy of the central government in the issue. International Human Rights Clinic Yale Law School. On 5th August 2019, all these provisions ceased to be operative with the abrogation of Article 370 and a full-fledged inclusion of Jammu and Kashmir into India. Due to this, Kashmir has been suffering from extremism and violence for a long time. ARTICLE 370. JAMMU, Dec 11: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of What is different a year after abrogation. In year 2020, August 5 has become the historical date after Ram Mandir Bhoomi Pujan in Ayodhya. The general populace considers the revocation a complete takeover of Kashmir through legal framework and military control. The application of Article 370 to Jammu and Kashmir state was a major deadlock in the development of this state. A year has passed since the reading down of Articles 370 and 35 A. In 1957, legislative elections were held in J&K for the first time and its constituent assembly was dissolved and in its place a legislative assembly was formed. The question remains as to how the article itself can be used for the removal of itself. The provisions enlisted in Section 35A, were such that the non-residents of the State could not buy land or avail the facilities offered by the state government of J&K thus severely hampering business and trade activities in the state. According to the provisions of the act a woman belonging to the state would lose her property rights if she marries a person who is not a permanent resident or citizen of the state. Normatively too, a temporary provision such as Article 370 may only be abrogated if its detractors can garner sufficient political support in the form of a constituent assembly, which has not yet been achieved. The Indian state has consistently provided J&K with as much as it could in the fields of health, education and basic amenities while constantly dealing with surprise attacks from externally-supported armed militants and gun men. in the state of J&K the people of the state would gain the benefit of having better educational opportunities and thus resulting in a well-educated and trained workforce. But in 1949 when the Constitution of India was adopted. Either side could radicalize people. The abrogation has changed Indias political map, with Parliament, Government of India and Indian Constitution getting full jurisdiction over the region. 5 (1994): 401-16. We try our level best to avoid any misinformation or abusive content. Dr Raja Qaiser said that abrogation of Article 370 was a violation of the Indian constitution and it is unlikely to survive a legal challenge in the Indian Supreme Court. Now, every resident of the State of Jammu and Kashmir would enjoy just single citizenship as like in all other States. The repercussions at the international front were multifold. 2020. Also Read Article 370: New Destiny for Two New Union Territories of India. Shah had then said: I would like to assure you the removal of (Articles) 370 and 35 (A) has paved the way for Kashmir's development. The The people of Kashmir were forgotten; not given a conscious choice. Under this article, Right to Education was not applicable in the country History Questions for UPSC and SSC Exams Tenure and Reformation of Legislative Assembly-. In order to understand the origin of Article 370 it is important to understand the brief history of Kashmir, right from 1846, where a Dogra ruler Maharaja Gulab Singh bought the region of J&K from the East India Company post the Treaty of Amritsar[3]. The security forces are putting in efforts to shatter the ecosystem of terrorists and end terrorism in J-K. During the past three years, Kashmir has not witnessed any shutdown, stone-pelting incidents or street protests. shutdown norms (Source- United States Institute of Peace Report 2020). The centre has doled out a carrot in the guise of increased women and lower-class representation in public spheres promising a pot of gold at the end of the rainbow. This research article aimed to study facts about the removal of Article 370. Accessed April 26, 2021. http://www.jstor.org/stable/42743614. As After signing of Instrument of accession this state join the domain of India but in reality cant become an integral part of the country because the application of this article to the territory of Jammu and Kashmir separated this territory from the country by providing special status to this state which was also the major reason for making this territory underdeveloped in comparison to other state and was the reason for the increase in the rate of violence in this territory so to develop this state, to establish peace in this territory the removal of Article 370 was necessary. Neither a bullet has been fired, nor a death reported. Since then, the inhabitants of the state have been in dark with no means of contact with the outside world. Since Article 370 was a temporary provision, it would not be unconstitutional to repeal it: It was not an essential feature of the Constitution and not a part of the Basic Structure of the Indian Constitution and hence, it is not beyond amendment, as stated by Soli Sorabjee. Due to external and internal circumstances, Article 370 was forced to place in the Indian Constitution. Jammu & Kashmir became a hotbed of unrest as a result of this unequal distribution. Further, the Constitution provides for 3 sorts of provisions. Shimla Agreement -- The treaty was signed between India and Pakistan in 1972, post the introduction of Article 370. 2017. A lockdown over the whole state of Jammu and Kashmir by arresting leaders like Mehbooba Mufti to clamping down on the people of Kashmir. German Institute of Global and Area Studies (GIGA), 2019. This article is authored by Aditi Sanjay Raykar, student of LL.B at Shreeman Bhagoji Sheth Keer Law College. They were encouraged to set up such assemblies for their own States also. The Arab world is invested in India. For starters, the procedure used for its implementation, could have been better, wherein an inclusive method like a referendum or a healthy feasible discussion among their leaders, people and constituent assembly be conducted so as to include the people in the process of the conversion of this state into a union territory. Recently, Minister of State for Home Affairs, Nityanand Rai informed the Parliament that 14 people belonging to minorities including three Kashmiri Pandits, were killed in terrorist incidents in Jammu and Kashmir this year till November 30. Students in the valley particularly girls had to face social stigma and violence from military personnel as well as terrorists to have access to education. The status of Jammu and Kashmir has always been disputed both externally and internally. Jammu and Kashmir was a princely state like other state but after the independence of India in 1947, The Jammu and Kashmir state was attacked by forces of Pakistan. Abrogation of Article 370: Milestones and challenges. To be precise, Article 370 of the Constitution of India[1], provided special status to Jammu & Kashmir. The major problem in front of India is terrorism. And with this, terrorists in Kashmir have started counting their final days." If Article 370 is abrogated and such autonomy is eliminated, then it will be violation of Resolution by UNSC. Accessed April 26, 2021. http://www.jstor.org/stable/resrep24808. A move motivated for the cause of womans rights seems to be materialising differently in reality. The implementation of the Unlawful Activities Prevention Act in J&K after the abrogation has led to further detention of 255 non-violent protestors (Duschinski, Bhan-2017). What followed was a 5-day lockdown in the State of Jammu and Kashmir. The main purpose of the Article was to preserve the identity of J&Ks population and the Article was a temporary provision that was to be removed in due course of time, which never happened until recently. WebArticle 370 of the Indian constitution [a] gave special status to Jammu and Kashmir, a region located in the northern part of Indian subcontinent and part of the larger The state now has seen internet shutdown for over a year and isolation from the outside world with no means of communication. The provisions in question for the passage of this resolve were Article 370(1) and the presidents power as under clause 3 of the said article. It tried to cover up the fact that Maharaja Hari Singh had signed an instrument of accession in October 1947 when the tribal raiders sent by the neighbouring country entered into J-K and tried to capture the erstwhile princely state, it said. Indias Kashmir conundrum: Before and After the Abrogation of Article 370, a report by Sameer P. Lalwani discusses the gradual shift in violence rates that stems across the state of J&K pre and post the revocation of Article 370. The crippled education system has pushed Kashmiri students into an abyss of unequal opportunities violating the right to equality. The opening up of the valley coupled with the anticipated influx of Hindu populace stirs up fear of being repressed and subjugated in the minds of the Muslim majority population. Now people from other states can purchase a property of this state and can settle permanently here. The rationale offered for seeking abrogation of Article 370 of the Constitution of India is to remove the autonomous status of the State of Jammu and Kashmir, and to allow its full integration to the Indian Union. 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This would ensure that there is quality education provided and this again will benefit the economy as the students passing out from such universities of repute would get better jobs and their recruiters wouldnt have to worry about them being inefficient or incompetent. The article governs the regal crown of India, the State of Jammu and Kashmir, by providing it a special status and autonomy. The forced house arrest of the political leaders of J&K, who have been representatives of the state for the past years, will lead to a disbelief within the parties and citizens of Jammu and Kashmir with respect to the Indian Union. http://file:///C:/Users/DELL/Downloads/Myth%20of%20Normalcy_Yale%20study%20(1).pdf. In 2021 also, terrorists made multiple attempts to chase the members of the minority communities from Kashmir by targeting teachers, non-local labourers, street vendors and others. Ambassador Ashraf Jahangir Qazi warned against having unrealistic expectations of support from China and US. The article governs Kashmir did become a legal part of India but the territorial differences between Pakistan and India ripped apart Kashmiri citizens and their sense of belongingness. There was an immediate shut down of mobile and internet services and Section 144 of the Criminal Procedure Code of 1973 (prevention of a gathering of more than four people in public spaces) was imposed throughout J&K. However, in October 1947 there was an armed infiltration by tribesmen from Pakistan in J&K. Jammu and Kashmir cannot become a precedent binding on all States for all times. While India in August 2019 was traversing the innovative arenas opened by internet services, Kashmir was thrust into an internet shutdown. The same can now also be inherited by their children and bring them on an equal footing with men in terms of property rights, which was hitherto not possible. Next, the provisions of Article 370 are being used to scrap Article 370. Separatists and their henchmen, who used to dance to the tunes of Pakistan, have been cut to size. FIGURE 2 Unemployment rates (UR) in Jammu and Kashmir rise There is a fear that the abrogation of the act would change the demography state and disempower the Muslims to an extent where they would be reduced to the state of being the second class citizens in their own state as without the article Hindus all over India could migrate to the state and thus change the demographic character. Pakistans two former High Commissioners to India Ambassador Ashraf Jahangir Qazi and Ambassador Abdul Basit, Former Director General Arms Control and Disarmament Branch of Strategic Plans Division Khalid Banuri, Assistant Professor Quaid-e-Azam University Dr. Raja Qaiser Ahmed and Altaf Hussain Wani, Chairman Kashmir Institute of International Relations spoke on the occasion. According to the provisions of Article 35A the non-permanent residents of J&K could not permanently settle in the state by buying immovable property or acquire land or apply for government jobs or any kind of scholarships and aids granted by the state government. This Act has generated controversies internally, and also has involved various other countries like Pakistan, China and Russia externally. According to Article 370, the state Jammu and Kashmir have their separate Constitution drafted by its constituent assembly, and this state is governed under this Constitution. The road to root out terrorism would not necessarily work from Jammu and Kashmir itself and thus should be a focal point for all other states and territories as well. The removal of Article 370 was a part of their election manifesto since 1950. Poland, like the European Union, is in favor of dialogue between India and China. National Conference, a local party in Jammu and Kashmir challenged this Act for the very same reason & moved to the Supreme Court of India. We need money to operate the site, and almost all of it comes from our online advertising. The Centre, in the past three years, has taken steps to ensure that terrorists and their sponsors are given a befitting reply. It defines classes of people who are permanent residents of the state Jammu and Kashmir. This may create a sense of hatred and spite which inevitably may lead to a clash in the form of terrorism. The maharaja realized that he needs help from India thus making him reach out to Prime Minister Jawaharlal Nehru and Patel who agreed to send troops under a condition that the Maharaja should sign an Instrument of Accession (IOA)[6] favoring India, which would basically hand over control of Defense, Communication and Foreign Affairs of Kashmir to India. Former Pakistani diplomats and experts on Wednesday called for lowering diplomatic ties with India in response to its illegal annexation of Occupied Kashmir and emphasized that Pakistan government should take credible measures to show its seriousness about Kashmir cause. Judgment of the Supreme Court in 2016 in SBI vs Santosh Gupta by Justice Nariman made it clear that under sub-clause (3) of Article 370, this Article shall cease to be operative from such date as President may declare by public notification. and Kashmir since the revocation of Article 370 (Source- The Hindus report 2020). Precautions were also being observed in the backdrop of the Ram Mandir Bhoomi Pujan. Kashmiris have been unable to contact their relatives for the past year and remain on tenterhooks about their well-being. The wars between India and Pakistan over Kashmir, the issue of militant groups, the separatists and the Article 370, shows the kind of unrest that existed ever since the separation of India- Pakistan and the union of Kashmir with India. Ganguly, Sumit, and Kanti Bajpai. In light of zero implementation the judgement is compared to weak wi-fi signals- present but unimpactful. This time was the period when National Conference, J&Ks first major political party came into being along with Sheikh Muhammad Abdullahs, the partys founder. Sharma, Saurabh. The revocation of Article 370 might have covered Kashmiri citizens under the ambit of the Indian constitution but whether this step empowers them with rights remains to be seen. India with its diverse social fabrics must be more inclusive and sensitive than other countries with these differing conditions. "Scrapping of Article 370, a temporary provision in the Constitution, has proven to be a major step towards restoring peace and normalcy in the erstwhile princely state," the report said. Article 370 provided sovereignty and special status to Indias sole Muslim majority state. By junking the 1954 order, the notification thus takes away the special rights and privileges enjoyed by the residents of Kashmir. Also Read: Actor Nawazuddin Siddiqui Names His Favorite Politician. China has been the occupier of the Aksai Chin area of Ladakh since the 1950s. It has raised a move to scrap the special status granted to Jammu and Kashmir and bifurcate the State into two Union territories with India. With the passage of this decree, the president of India has signed the death warrant of not only Indian occupied Kashmir, but of Indias democracy. And rightfully so, since the revocation of this Article 370 status, may seem to the ruling partys propaganda to convert India into a Hindu only Nation. https://www.financialexpress.com/india-news/article-370-a-temporary-provision-amit-shah-35-a-subhash-kashyap/. Further, another point remains that this move will seemingly remove corruption. |VOLUME 2|ISSUE 2|JUNE 2020|ISSN (O): 2581-6705|, Law Audience Journal (ISSN (O): 2581-6705), PUBLICATION ETHICS AND PUBLICATION MALPRACTICE STATEMENT, ABROGATION OF ARTICLE 370-A CRITICAL ANALYSIS. The state also has its own Criminal Code known as the Ranbir Penal Code and gender discriminatory property rights (Medha-2019). This would ensure that the people of the State have a say in their future. Copyright 2020 Lawctopus. J&K as a part of Union of India is governed by the Indian Constitution. The abrogation was welcomed by activists, woman sarpanchs and Kashmiri Pandit women married in other parts of the country as they had profitable stakes in the valley. In the year 1975 the Kashmir Accord[10] was signed by the Indian Prime Minister Indira Gandhi and Sheikh Abdullah, which reemphasized the provisions of Article 370 and J&Ks position as an integral part of India. The Indian state has spent more than 70 years trying to deal with the separatists and militants in the most careful and peaceful manner. Another drawback was that it was almost impossible to send skilled labor to the state as they could not buy land to build their homes. Also Read Scrapping of Article 370 of Indian Constitution: A Historical Mistake? So at that time maharaja, Hari Singh who was a maharaja of this state to protect this state from the aggression of Pakistan asked help from the government of India. India and Pakistan signed a Treaty in 1972, after the incorporation of Article 370 in the Constitution. As no culture can survive without contact from outside and opportunity to cross-fertilize. There was a local meeting which was held by the State administration in order to oversee the prayer arrangements and ensure that there would be a safe and peaceful enjoyment of the celebration. Investors should be attracted, infrastructure of the state should be strengthened to ease investment and tourism, administration should be reformed and overhauled, education system should be upgraded and improved, efforts should be made to facilitate women's education, and enhance employment. Srinagar: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the In retaliation, Pakistani armed tribesmen infiltrated J&K and occupied strategic territories, currently referred to as Pakistan Occupied Kashmir (POK). With the abrogation of the article 370, J&K would become like any other state of India, following the same constitution, empowered with the same rights and benefits as enjoyed by the rest of citizens of the country and thus giving no ground for the separatists to exploit. Despite this, the state has developed its own identity as a special state. Educational institutions have been shut down and the suspension of internet has left no doors of knowledge open to students which is in direct violation of the fundamental right to education. but ripples of 2020 continue to reverberate into 2022. In 1952 post the Kashmiri leaders discussion regarding their relationship with the union of India in the J&K constituent assembly a comprehensive Delhi Agreement came into the picture which defined the relationship of the State with the Union. And on the other hand, both territories would enjoy growth and development of society and the nation alongwith the rest of India. Jammu & Kashmir: Another Year After the Abrogation of Article 370 Another year has passed since India abrogated Article 370 and ended Jammu and Kashmirs special autonomous status, turning it into an annexed and federally-controlled territory. These provisions might have imparted autonomy to the state but have formed an atmosphere of apprehension and suspicion in the valley due to the deployment of military forces. JAMMU, Dec 11: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of terrorism-related incidents and terrorists has significantly reduced, according to a report. The abrogation of Article 370 and 35A is a progressive step and was necessary for the growth and advancement of the region as well as for the whole country. The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of terrorism-related Alongside this, the Presidential Order says, that the states concurrence has been taken for the approval, as has been stated in Clause 3 of Article 370. But this seems to be a modus operandi for the ruling party to denote that politicians in Kashmir are essentially corrupt, which is not necessarily the case. After abrogation, reservation policy will change in Jammu and Kashmir. Srinagar: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of terrorism-related incidents and terrorists has significantly reduced, according to a report. In August 1947, India gained independence from the British and Pakistan was created as a Muslim majority country. 3. In 1966 the demand for a referendum in J&K rose. The future of Kashmir now depends upon the resistance by Kashmiris. He worried that Indians can resort to any means to control Kashmir while U.S. economic pressure through FATF would constrain Pakistans options against India. The Myth of Normalcy: Impunity and The Judiciary In Kashmir. The decision to remove Article 370 was appreciable and was a major decision taken in the history of Jammu and Kashmir. This was a blatant abuse of their human rights that coerces the Valmiki community into scavenging irrespective of their educational qualifications. Under Article 370 (3) of the Constitution of India, the President wields effective power to amend, repeal or remove the Article itself, provided that the act is in concurrence with the State Legislature. By making provision for amendment, they never intended to bestow operation of the Constitution with absolute rigidity, but provided facility for flexibility to keep pace with everchanging needs of society and to serve justice. On the fourth of August 2019, many prominent Kashmiri leaders like the former chief ministers Mehbooba Mufti (president of the Peoples Democratic Party) and Omar Abdullah (Vice- President of National Conference) were placed under house arrest. Earlier people from other states cant permanently settle here and cant purchase any property of this state. The bill was passed by both the houses with a majority. Expressing reservations about the 7 member body constituted by Prime Minister Imran Khan to formulate response strategy to Indian actions on Kashmir, Amb Basit said it should have fixed time frame. Jammu & Kashmir has been seething with turmoil since August 2019 due to the abrogation of Article 370. The central government imposed the Armed Forces Special Powers Act which provided the armed forces with unprecedented power to fight against the armed militancy taking place. Animal Cruelty vs Religious Sacrifice: Anatomy of the Conflict Between Legislation & Religion, Enforcement of Foreign Judgements in India. 1031 of 2019. Any of the 5 Permanent members can stop this boycott. As the Honble Prime Minister had stated, with the opening of top educational institutions such as IIT, AIIMs, IIM etc. Through the various judgments, the Supreme Court of India has declared that, the basic structure of the Constitution cannot be changed or amended. Since Independence of Pakistan, the relations of India with Pakistan are on stake. Post this the demand for a plebiscite was dropped and Sheikh Abdullah resumed being in power as the Chief Minister of J&K with the support of the Congress. The abrogation, now can strain their relations, which can lead to war-like situation. Kashmiris find it contradictory to being called legal citizens of India yet not being asked for their consent as subjects of governance. However, on the 12th of august despite the tight security arrangements, the State celebrated its first Eid post the abrogation of Article 370. Hussain, Syed Rifaat. Indias External Affairs Minister S Jaishankar has reassured and re-affirmed the same. Scrapping of Article 370, a temporary provision in the Constitution, has proven to be a major step towards restoring peace and normalcy in the erstwhile princely state, the report said. Thus it seems imperative that the governments move be countered. The fundamental situation could also become such that a Military Confrontation may arise between India and Pakistan, both being nuclear States. Terror attacks would be reduced and peace would be established in the territories of the State of Jammu and Kashmir and Ladakh. Albeit belated, Jammu and Kashmir will embark on a new journey of evolution without its special status and the question of Kashmiri identity will witness paramount changes in the near future. than Maharaja Hari Singh on 26th October 1947 signed Instrument of accession and agreed to join the domain of India .This accession was accepted by the governor-general of India Lord Mountbatten on 27th October 1947. In 1957 the constituent assembly of Jammu and Kashmir was dissolved without removing Article 370. The rulers and Chief Ministers of all the States agreed that separate constitutions of all the States were not required to be formed and they accepted the Indian Constitution as their own. Sardar Vallabhbhai Patel, Indian Home Minister worked to convince these States to join India and in the meanwhile Maharaja Hari Singh signed a standstill agreement with Pakistan[5] which effectively opted for a status quo. In 1947, when British departed from a brutally partitioned India, the state of Jammu and Kashmir was provided a choice to either accede to India or Pakistan; or remain independent. Now, all provisions of Article 370 are null and void, except clause (1) of Article 370, as it says that Jammu and Kashmir is the integral part of India. All rights reserved. In 1962, after a war with India, China gained control of the Aksai Chin region in J&K. Note The information contained in this post is for general information purposes only. Jammu and Kashmir was a princely state in pre-Independence India. This error in the acceptance that was earned by India will make it tougher to accomplish the unity that India seeks to uphold. The report stated that the terror incidents in J-K were 417 in 2018 which The post appeared first on . [i] Narender Kumar, the constitutional law of India 1176 ( Allahabad law agency, 10th ed, 2018). However, the article completely ignores the social voices of change and diplomatic tactics employed by local leaders. The constitution strives to strike a delicate balance, between the unitary and federal systems, as said by Yamini Aiyar, chief executive of Delhi- based think tank Centre for Policy Research. Everything depends on the facts and circumstances prevailing in that particular State. It has been exactly three years since the historic decision of the abrogation of Article 370 was promulgated, and a lot has changed in Jammu and Kashmir, especially when it comes to the state of women. The accession gave India power over Kashmirs affairs concerning defense, foreign affairs, and communication. He took this decision after the invasion of Jammu and Kashmir by Pakistan-backed tribals. And this cannot be done, unless State Constituent Assembly recommends to do so. Sir, Article 370 has not been scrapped. Scrapping it would have needed an amendment to the Constitution. This was not done. Using the powers vested in the President the discriminatory portions were removed and the state was reorganised. I support this step and call it the right step even if delayed one. However, the government states that the revocation of Article 370 would integrate Kashmir into India and provide freedom from the existing repressive rights. This timeline provides a brief insight to the relationship between India, Pakistan and Kashmir, the constant strain in the relationship between them. We've detected that you are using AdBlock Plus or some other adblocking software which is preventing the page from fully loading. The Gandhian path of non-violence and peace must be adopted to ensure lasting harmony in Kashmir. PoK residents are demanding freedom from Pakistan. We have detected that you are using extensions to block ads. The Presidents order also seeked to nullify the effect that Article 35A of the Constitution had on itself. Can the opinion and recommendation of an elected body be replaced by recommendation of Governor for such abrogation? Article 370 was considered as the temporary provision when the Constitution was formed. Ebook THE JOURNAL OF LEGAL PLURALISM AND UNOFFICIAL LAW. Social Media Crackdown: Punishing Political Dissent or Fighting Extremism? The abrogation was proposed in the Jammu & Kashmir Reorganisation Bill, 2019, which passed by both the houses of Parliament and after receiving presidential acceptance it became an Act on August 9, 2019. Article 370 gave Jammu and Kashmir, along with Article 35A, special rights and privileges regarding employment with the State Government, acquisition of property within the State, settling in State and right to scholarships and other forms of aid that State Government provides. 2019. What was more important, as many say, was the spirit of the status provided by Article 370. In the 1930s the Kashmiri Muslims of the place were unhappy with Maharaja Hari Singhs rule as they felt that his policies werent in on their interest. Travel restrictions bought the tourism industry to a dead end with people working in the ancillary industries having neither work nor other means of livelihood. The citizens of Jammu and Kashmir are caught in a perpetual flux of violation of human rights, charges, arrests, and violent incidents. FIGURE 1 The rapidly increasing number of internet shutdowns imposed by government in Jammu Prof Sajjad Bokhari, Executive Director IPI stated that the Indian action would destabilize the region and add to the miseries of Kashmiris living in Occupied Valley. Growth and Sustainability: Hand in Hand or Poles Apart? Lowenstein, Allard K. 2009. Article 21: Understanding The Right to Life and Personal, Violence Against Women and Children - An Analysis of, The Lost Right to Housing in COVID-19: A Case for the, Cross-Border Mergers and Acquisitions: Can They Be. Yes! With respect to Preventive Detention, that was caused by the the lockdown and house arrest of the leaders of the state, as a means to pass the bill could only be considered a clamping down on the voices of the minority population of the state. Yet, it is increasingly creating hostilities among India and Pakistan. Also Read Article 370: An Untold Story. The recent controversy regarding the abrogation of Article 370 of the Constitution which guarantees special status for Jammu and Kashmir has instigated a wide array of emotions among the citizens of the State and the rest of the country. Jammu and Kashmir will have a State Legislature Assembly and Ladakh would be a Union Territory without Legislative Assembly. Also, the chaos can be caused as emotions of people got hurt due to the curfew was imposed for the security of the Valley. Security -- 2021-22 2021 was the year of adapting to a new normal after an extraordinary and pandemic-driven 202. On August 2019 president of India by superseding presidential order of 1954 and passed a presidential order of 2019 and after the execution of this order Government of India introduced two resolution in the upper house one Jammu and Kashmir reorganization bill and other a bill to remove Article 370 which was passed by a two-thirds majority in the upper house by this Article 370 was removed from Indian Constitution. At the same time, Article 370 (3) which reads, Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from the date as he may specify came into question with respect to its validity. Kashmiri and Pakistani Diasporas have existed in the US, Europe, Britain and other western countries. Article 370 falls under Temporary Provisions, which make their nature essentially weak. 4 (2009): 1007-035. This is so since previously, a transition from a union territory to a state was the one prevalent, which fell within the purview of the federal nature of our constitution. But it requires the recommendation from the constituent assembly of the state[vi]. It served to widen the gap between Kashmir and other states. International Human Rights Organizations may also try to intervene here, due to the excesses committed in the process of bringing about such a resolution. It also dwells on the changing landscape of womens rights in the valley amidst unrest. Abrogating provisions of Article 370 would cause India in jeopardy, because nature of accession of Jammu and Kashmir to India is totally different from merger of all other small and even big States. The state framed and mandated its policy and legal framework under Article 370. Each intricate situation must be dealt with the most accommodative manner so as to ensure harmonious co-existence. In todays world economic growth is possible only when there is an open environment as this would pave the way for greater progress and would definitely boost innovation, investment and income. In simple words, this Article provided that except for defence, foreign affairs, communication and other matters specified in the accession instrument, the Indian Parliament requires concurrence of the State Government to apply other laws. Notify me of follow-up comments by email. Not only would these measures destroy the true beauty of Jammu and Kashmir, but if effective measures not be taken, would impair the ecosystem and sustainability of the state. This was in large part due to mass vaccination drives across the world. Amendment of Article 370, upto present, was a myth; but it is clear that, it can be dealt with using logistic approach and can be diplomatically modified to reality. I would like to tell them, nothing has happened. Abrogation of the said Article has always been one of the core issues of the Bharatiya Janata Party and their decision for forceable ever since the party came to power in the recent elections. On 5th August 2019 honorable President of India, Mr. Ram Nath kovind used his power in Article 370(1) and issued presidential order named Constitutional (application to Jammu and Kashmir ) order 2019 superseding presidential order of 1954 with Immediate effect. The right to scholarship and such other forms of aid as the state government may provide. Leh which will include Kargil and Ladakh. The path ahead for the valley seems hard with the ongoing lockdown and military occupancy. The author of National. This was followed by the commencement of the Quit Kashmir movement[4], a moment against the Maharaja. There are multiple influences that Pakistan and India could have within Jammu and Kashmir. Yes, it should be repealed. Article 370 has done more harm than good to both Kashmiris and Indians. It has kept Kashmir isolated with no progress. Kashmiris themselves (I am referring to the people from the Kashmir Valley) have no ambition to prosper. This article was a temporary provision and gave special status to Jammu and Kashmir by stating that Jammu and Kashmir state will have its separate Constitution and the provisions of the Constitution of India will not apply here. The laws like Right to Information, which were not yet accepted by the State of Jammu and Kashmir, would be applicable in the territories of Jammu and Kashmir and Ladakh. The instrument of accession so signed, was the one condition for the inclusivity of Kashmir within India. After the removal of Article 35A, a new domicile law was introduced last year in these regions. Another aspect, as to whether this move is constitutionally valid or not, is that the power to amend the Constitution is enshrined in Article 368 of the Constitution, something that cannot be claimed by using Article 370(1) of the Constitution. The inhabitants also fear that in the long run the results of any referendum or plebiscite if implemented would vary drastically due to the settlement of outsiders. Consequently, Article 370 was inserted to the Constitution of India, which provided that the other provisions applicable to the State of Jammu and Kashmir, would be applied only with the concurrence of the State Constituent Assembly. It analyses abrogation of article 370 and Kashmiris identity assertion in the context of demand for autonomy, self-rule, shared rule, and sense of belongingness in the Northeast. Article 370 itself mandates a recommendation of State Constituent Assembly dispersed after framing Constitution of the State of Jammu and Kashmir, but did not make any such recommendation. They consider it to be a harbinger of freedom and autonomy for Kashmiri women. So to study the facts about the removal of Article 370 this research article analyses various aspects of removal of Article 370. Sareen, Pallavi. Later in March 1948, an interim government was appointed in J&K by the Maharaja. While this remains a thorny issue as to the survivability of the Act, in this paper the author provides a brief introduction to the issue, the history of Article 370, the current scenario, the international aspect of the said abrogation, its Constitutionality, the merits and demerits of the abrogation, the lacunae in the decision and makes recommendations in the execution of the decision to make it more effective, beneficial and inclusive., At 11:15 AM, on the 5th of August 2019, Amit Shah, the Union Home Minister read out a resolution abolishing Article 370 and the special status accrued to Jammu and Kashmir in the Rajya Sabha. THE SPECIAL POSITION OF JAMMU AND KASHMIR IN THE INDIAN CONSTITUTION. The Indian Journal of Political Science 19, no. At the same time, Article 370 (3) which reads, Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare This historic division of the state into two UTs was formalised by President Ram Nath Kovind last year by signing a Presidential Order to scrap Article 370. This article states that the legislature of India has control over only three subjects named external affairs, defense, and communications. Jammu & Kashmir was turned into a UT with A legislative (along the lines of Puducherry and Delhi NCR). This temporary provision was still followed till the year 2019. It is permanent, unless Constituent Assembly so recommends. Further, the state has been evolving in an environment of exclusivity and separation due to special privileges granted to its citizens regarding property, employment, and residence. Although, it had been a part of the ruling partys manifesto since time immemorial. The clause is written in Part XXI: There is a possibility of this issue being raised in the Human Security Council. To conclude, the need of this hour is to devise a logistic interpretation of Article, keeping in mind the real intention of framers behind it. It was believed by the Conservatives that the essence of democracy was looked at and reframed, that this seemed to be the biggest milestone in the history of the republic since 1947. Vidhi Seva Evam Samajik Utthan Samitis Two Days International Virtual Conference 2021 on Misuse of Laws Against Men: Contemporary Issues & Challenges: The Government of NCT of Delhi (Amendment) Bill, 2021: Passed in Rajya Sabha, Juvenile Justice (Care and Protection of Children) Amendment Bill 2021, Shri Ravi Shankar Prasad, Minister of Law and Justice Introduced the Arbitration and Conciliation (Amendment) Bill, 2021, in Lok Sabha. But the governor has been appointed by the Central Government, then how can the states concurrence be assumed to have been ascertained. Women in the valley have been further repressed by military personnel deployed and are subject to regular physical and sexual violence. The problems of normal life were further complicated by Corona virus. The Wire. In simple words, this Article provided that except for defence, This research article after reviewing various texts signifies the possibility to remove Article 370. But since the abrogation of Article 370, the newly carved-out Union Territory of Jammu and Kashmir, is fast emerging as an industrial hub. Anuradha Bhasin v Union of India WP (C). Let us first consider whether Article 370 can be abrogated or not. The main resources used are reports and articles that are well researched and substantiated with relevant evidence. Privacy Policy|Terms & Conditions|Copyright Policy|Subscribe Newsletter|Contact Us|Join Us|. People in the valley fear that the scars of religious violence in the past might rear their ugly heads again. 2020. Use tab to navigate through the menu items. This was a discriminatory provision of Article 35A which has become void with the abrogation of Article 370. In the year 1950, The Indian Constitution came into force and Article 1 of the Indian Constitution defined J&K as a State of India and Article 370 provided J&K with the special status. Still the conditions did not change. [iii]Damno v. state of Jammu and Kashmir, AIR 1972 SC. The governments move on August 5, 2019, helped J-K move towards peace after 30 long years of turmoil in the Himalayan region. 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