Article 370 This issue is considered very important politically, more than what it is going to affect legally, in which it is seen how much importance it has in the integrity of India. Therefore, what will be the benefit of the removal of Article 370 to the Indian citizens, it is more important than that, from the point of view of nationalism, who is angry and who rejoices due to its ending, it becomes an important issue. In fact, how much it will benefit in the lives of the common people of Jammu and Kashmir, it is very important.
This article gives more importance to Jammu and Kashmir than other states and gives more powers in the decision process through a separate constitution. Which has been made powerless in 2019 and from now on it will be ruled by the Government of India through two Union Territories. Through this article, we will try to know the geographical location of India before independence and the situation after it. Will try to find out how this complex problem was created.
Autonomy to Jammu and Kashmir has been given in the 21st part of the Constitution, in which these temporary rules have been implemented, which were made in view of the then geographical and political situation. Its benefit is seen less for the people of Jammu and Kashmir and more for the political people. The most important thing is that the fundamental rights of the Constitution of India have not been used properly in this area, so perhaps some changes will be seen by abolishing this article.
In this way, we will try to analyze this change from all points of view through this article, so that there is no one point of view so that biased opinion is not seen.
What is Article 370 of the Constitution of India –
Jammu and Kashmir were given a special status through Article 370, in which the government could make laws by going outside the separate constitution and constitutional rules of India. This was a temporary provision, which can be changed with time, but no one dared to touch it for the last 70 years. For which many tough decisions have to be taken and the Government of India has to face criticism.
On 17 October 1949, this article was included in the Constitution of India and it was given special rights under Article 1 and Article 370. According to the federal structure of India, the states were given separate powers, but Jammu and Kashmir were given 94 additional rights out of 97 rights in these three lists and matters like security, foreign policy and telecommunications were kept under the central government. Due to which Jammu and Kashmir was being run as a separate country, despite being a part of India.
If the Central Government had to make any law in relation to any of these 94 lists, then it was necessary to take the permission of the Government of Jammu and Kashmir, which has resulted in the development of a lot of areas here. Despite being separated from Ladakh in terms of culture and geography, it has to pay its price by staying under Jammu and Kashmir. Due to which very negative results have been seen here from the point of view of development. By ending this article, Ladakh has been recognized as a separate union territory and its results will be seen in the next 20 years.
What is Article 35A? –
On 14 May 1954, the then President Dr. Rajendra Prasadji passed an order and added Article 35A which gave special rights to Jammu and Kashmir. Through this article special rights were given to permanent residents and many provisions in it were inconsistent with the Constitution of India. The result of the conflict between the Hindu Raja Hari Singh of Jammu and Kashmir and the Muslim leader Sheikh Mohammed was that there was a delay to merge with India.
Till then the Pakistan Army had occupied the northern lands of India, which were later placed in the possession of Pakistan by the United Nations. The majority of the people of Jammu and Kashmir were Muslim, but the king was Hindu and he did not want to merge himself with India and Pakistan, but at the last moment, it was decided to merge with India on certain conditions. The provisions contained in Article 35A are given next.
- This article does not allow non-Kashmiri citizens to buy any kind of property in Jammu and Kashmir.
A citizen of any other state of India cannot become a citizen of Jammu and Kashmir.
- If a girl from Jammu and Kashmir marries a boy from another state, then her citizenship ends as well as the rights of her children are also lost.
- It is very easy for people coming from Pakistan to get citizenship here.
- The lower caste Hindu society does not get any rights in this provision.
Through this article, this provision of the State of Jammu and Kashmir appears to be inconsistent with the fundamental rights of the Constitution of India and considering the interest of the local special class only. Therefore, it was necessary to repeal this provision along with Article 370. Due to which, despite being a part of India, Jammu and Kashmir has remained far away from development and the common people have had to bear the cost of social and political ambition for the last 70 years.
History of Article 370
The system of governance of British India was run in two parts, the Princely State and the British Province. In which the British Provinces were implemented after independence under the Indian Independence Act 1947 and 562 institutions would be taken care of by the privy purse through diplomatic means that these institutions would be taken care of even after independence. The main problem was the three princely states, which had to work hard to include them in India.
Junagadh, Hyderabad and Jammu and Kashmir, where the princely states on this day, which decided to remain separate from India, in which the problem of Hyderabad and Junagadh of the present-day Gujarat state was settled by Sardar Vallabhbhai Patel, but the king of Jammu and Kashmir Hari Horn himself from India and Pakistan. wanted to separate. He was a Hindu king, but the majority community of Jammu and Kashmir was Muslim and Sheikh Abdullah was an educated Kashmiri leader who wanted democracy in Kashmir.
That’s why there was a lot of conflict between green horns and them, but they were very popular among the public. After India’s independence, Pakistan invaded Jammu and Kashmir in which India could not legally interfere. Due to which Hari Singh had decided to merge with India with some conditions. The result of which is Article 370, which was implemented temporarily, which was used politically for the last 70 years by local politics for its own benefit, but the public had to face its bad consequences.
Outcomes of Cancellation of Article 370 –
- The fundamental rights of the Constitution of India, the right to take property and do business anywhere in India, have also been implemented in Jammu and Kashmir.
- There will be no separate constitution and separate flag in Jammu and Kashmir from now on and the flag of India will have to be respected by this union territory.
- The dual citizenship given to the citizens of Jammu and Kashmir was abolished and it was determined that citizenship would remain only under the Constitution of India.
- Jammu and Kashmir were divided into two parts, in which Ladakh was separated from Jammu and Kashmir and both the states were recognized as Union Territories. In which like the state of Delhi, Jammu and Kashmir will have a legislature of elected representatives.
- Part 1 of Article 370 has been kept and the rest part has been done away with.
- Part 2 and 3 of Article 370, these were quite controversial provisions which were violating the Constitution of India, it has been abolished.
- Like other states of India, economic investment and projects will be done easily in Jammu and Kashmir and Ladakh in the future, which will be important in the development of these states.
- The restrictions on marriage that were earlier for Kashmiri girls have automatically been removed and now they can get the protection of the fundamental rights of the Constitution of India.
- Till 1965, under Article 370, in Jammu and Kashmir, in place of Governor, this post was used by the Prime Minister instead of the Chief Minister, which was abolished.
- Citizens of other states can go to Jammu and Kashmir and Ladakh and get citizenship there.
Central institutions will be used more effectively to control corruption.
- Because the government employees of Jammu and Kashmir and Ladakh will get the benefit of the provision of Central Government Pay Commission beyond this, which will create ease for the central government to administer the government.
- The decisions given by the Supreme Court (Uncodified Laws) will be applicable to the law and order of Jammu and Kashmir and Ladakh as a law.
- Ladakh in Jammu and Kashmir This state will be benefited by the creation of a separate Union Territory, before that due to having a separate culture, it had to face neglect and suffered a lot from the point of view of development.
- Education and basic facilities will be easy for this state in future in setting special goals for the Government of India.
- Earlier, India had to face a lot of problems to make some concrete statements on the matter of Jammu and Kashmir at the international level, but with the removal of this article, the Government of India has been created with full authority over this state.
- The next stage in diplomatic politics with Pakistan and China may be part of Pakistan’s control and part of China’s control.
- View of Supreme Court on Article 370 / Supreme Court Views on Article 370 –
In the context of the abolition of Article 370, 23 petitions have been filed in the Supreme Court, it has been filed by eminent lawyers, activists and retired bureaucrats. These petitioners have objected to the order passed by the President which was given on August 5 and 6 – 2019. The Jammu and Kashmir Reorganization Act- 2019 has also raised objections to this law which has been passed in the Parliament of India.
The order dated August 5, 2019, violates the order made in 1954, under which special status was given to Jammu and Kashmir by implementing Article 35A. According to the order given on 6 August 2019, Jammu and Kashmir has been bifurcated and Ladakh and Jammu Kashmir have been made Union Territories. The Presidential order to abolish Article 370 and 35A by some petitioner is a violation of this special right which is given by the Indian Constitution.
In the Supreme Court in the Jammu and Kashmir cases, for the old two cases, some petitioners say that a seven-judge bench should be set up which was decided by a five-judge bench. In which he believed that it was necessary to reverse the decisions given in Premnath Kaul case and Sampat Prakash case. All the petitions filed have not been heard till now, but the existence of the Constituent Assembly of Jammu and Kashmir has been admitted by some intellectuals on Jammu and Kashmir spice, which had the right to abolish Article 370 or not.
Article 370 & Indian Politics & Article 370 –
Almost all the people have shown consent in the Parliament to abolish Article 370, but the government is being criticized by the opponents for the harshness shown for this. If taking this decision without showing harshness has not been possible in the last 70 years and in the last 70 years, many ideologies are fighting to keep Jammu and Kashmir separate from India. In which there is a group saying that Jammu and Kashmir should be merged with Pakistan, on the other hand, there is also a group that believes that Kashmir should be kept as an independent Kashmir without making it a part of any country.
In this too, there is a group fighting violently, which is known for terrorist actions, on the other hand, there is a group fighting in a peaceful manner, many such conflicts are seen in Kashmir for the last several years. On this, the northern part of Kashmir, which is under Pakistan’s occupation and its hearing is hanging in the United Nations, on the other hand Aksai Chin, which is part of India occupied by China, has to be controlled by India, which is a very difficult task which has to be done next.
This part of Ladakh is very different from the region of Jammu and Kashmir and their culture is also different, which has always been oppressed by the previous Jammu and Kashmir government, due to which it has not been able to develop. Due to all these reasons, the Government of India has not been able to develop infrastructure in this area. Which has been taken advantage of by Pakistan and China. After the abolition of Article 370, India is expected to get freedom from all these problems and these two union territories can be expected to benefit financially from it.
Features of Article 370 –
- When the draft of the Constitution was being written in the Constituent Assembly, this subject was kept in Article 306, which was later inserted in 370.
- According to Article 370, the provision of separate flag and separate citizenship of Jammu and Kashmir was kept, which also provides citizenship of India.
- In 1954, through 35A, the state of Jammu and Kashmir was given special rights from the rest of the country on the orders of the President of India, Dr. Rajendra Prasad.
- A separate criminal code was being run for the state of Jammu and Kashmir, which is known as Ranbir Penal Code.
- Till 1965, the leader elected from the Legislative Assembly was considered as the Prime Minister instead of the Chief Minister and the Governor was called Sadar Riyasat.
- Except for security, foreign policy and telecommunication, on the other 94 matters given in the Constitution, on which the Jammu and Kashmir government had the right to make laws, which were not in any state of India.
- If the Government of India had to make a law on these 94 matters, then it was mandatory to take the consent of the Government of Jammu and Kashmir for this.
- It was prohibited to take property and acquire citizenship in Jammu and Kashmir.
- Through the privilege of 35A, the Government of Jammu and Kashmir could make such laws which violate the Indian Constitution.
- Critical Analysis of Article 370 Abrogation –
For the last 70 years, the issue of Jammu and Kashmir was pricking the patriot of India like a canker and there was a hope that it should be resolved. But only getting a share of the land cannot be the main objective of any humane society. Along with this, it is also necessary to take care of the interest of the people living on that land. The problem of this democracy of developing and poor countries has always been that how this democracy works.
What is our responsibility in this, if well-educated people do not understand, then what will happen to the less educated and un-educated people, it is a matter to think about. It is claimed by the Government of India that the removal of Article 370 will help in the development of this state, but which are many other states of India, whose development so far no government has been able to do for the last 70 years, can they give this to Jammu and Kashmir? Will be able to give results so soon.
What is the right thing to use the case of Hindu -Muslim through this article 370 and is this important issue to resettle Kashmiri Pandits in Kashmir, will other Hindu citizens be eligible for justice in Kashmir. It is a matter to think about whether the removal of this article will really benefit the ordinary Kashmiri and the people of Ladakh or the business class and elite class will take maximum advantage of it.
The most important thing is that after the removal of Article 370, what changes will be seen in the lives of citizens of other states of India? Who will set up land or company in Kashmir? There are many such questions that we will get answers to in the next future.
The people of Britain used to respect the throne there for many years, the reason for this was that this throne ruled half the world and used this property to the society of England, which benefited all sections of the society and developed prosperity. We saw it in England. What is the result of any action of the government for the common people is very important. It is very difficult to keep any public confused for long on just emotional issues.
The removal of Article 370 in the election paper of the BJP government included this issue, which he fulfilled. The question is, is it practical intelligence on which agenda the public should choose the government? We must test this. Talking about nationalism, it is a very important issue to protect the borders, but what should be the priority of the problems of the society, it should be understood by the intellectual society of the society but it is not there. The intellectual of India is busy with the problem of his livelihood and he finds politics as a mess, which leads to the creation of a leaderless society.
The expectations of ordinary citizens are very small, which the political parties know very well, so there are many such issues. Article 370 is one of the issues which are kept at the top in priority. We get to see a lot of people in support of it, similar people who oppose it also have to see a lot. But what is right and what is wrong in the interest of the country cannot be determined on the basis of morality, such spices are accomplished on diplomacy.