ABROGATION OF ARTICLE 370 AND RELATED ISSUES

AUTHOR- PARUL SAREEN

COLLEGE- FAIRFIELD INSTITUTE OF MANAGEMENT AND STUDIES,

AFFILIATED TO GGSIPU

YEAR- COMPLETED 2 YEAR

COURSE- B.B.A LLB

EMAIL- sareenparul.ps@gmail.com

Scrapping of this Article 370 was immensely a great decision made by hon’ble Prime Minister
Narendra Modi and Home minister Amit Shah as it will lead to development and growth of
Kashmir valley. It was also clear from the scrapping of this decision that it will also lead to end
of terror in Kashmir valley. There was also many apprehensions and chaos when this bill of
abrogation of article 370 was passed in Rajya Sabha and then in Lok Sabha, as there could be
many oppositions, but the bill obtains Presidential assent as ‘good always triumphs over evil’.
This massive big move was needed by the nation from a very long time and has been
implemented after 72 years, and provisions of Article 370 which gives special status to Jammu &
Kashmir has been revoked as a result of 35A which gave residents special rights over jobs and
acquiring property also seize to exist. Abrogation of article 370 will never be forgotten by people
of the democratic country as it is a historical achievement. Article 370 was
temporary,transitional and special provisions as Jammu and Kashmir constituent assembly had a
right to modify/detain and they decided to retain it. Abrogation of article 370 and abrogation of
35A has not only opened the numerous ideas, imaginations, perspectives etc. But also has shown
that India will be super powerful country where it can sees its future, develop its present and
overcome its past. This move should be done earlier but as it is also said that better late than
never’. Indian governance by this move would not only able to end terrorism but also it would
prove the most beneficial and turning point for Kashmir valley. Also now, India would able to
develop the whole nation with oneness. With this historical move, Kashmir valley would be able
to acquire new status and dignity. Since the J&K was not under the control of central
government and they have their own laws and code due to which Kashmir valley could not be
developed, even the help was given by the India government but nothing could be achieve as
due to Artice 370 Indian government cannot interfere, and the result is that the picture of
Kashmir valley hasn’t been changed. According to some data reports India government has also
given 2,77,00000/- for 2004 to 2010 but nothing has changed as article 370 has monopoly over
there and that’s why corruption can’t be controlled as they have their own laws. Jammu &
Kashmir was supported by central government as Jammu & Kashmir would not be able to
generate enough revenues and has been facing serious financial problems. Another issue due to
the prevalence of Article 370 was that of lack of tourism in such a beautiful Kashmir valley, as
there were less number of tourists as expected during last many years, due to the fear of terrorism
and lack of hospitality services as there are many companies which wanted to set up their hotels
but could not setup as article 35A was there. The biggest issue in Kashmir valley was of
unemployment as even no one can setup small scale industries. Even if any organisation or
company who hails from Punjab, himachal and wants to setup some business or opening any
small scale industries they could not as due to the existence of article 370 and article 35A, this
would lead to lack of employment in valley. Lack of medical services is also a issue due to
existence of article 370 as there are many big doctors who want to help and provide their
services to Jammu and we all know, that Article 370 was a temporary provision and still for 70
-72 years it was existing, but now the time has been come to end this provision and to develop
the Kashmir valley. All these years, no political leader has done this or even took an effort
related to abrogation of article 370 in fear of losing votes. Jammu & Kashmir was majorly
affected due to low economic growth rate as other citizens not allowed to buy property in the
state, they won’t be able to get the benefits of private investments. This condition was also
affecting the employment sector as people would only be left with minimum employment
opportunities and that too in government sector, as private entities and MNC’S cannot be setup
by private individuals. But now change has been brought by Prime Minister Narendra Modi and
home Minister Amit Shah as article 370 was doing nothing good and just acting as a obstacle in
the growth and development of Jammu & Kashmir. The place which should be filled with young
generations focusing on their jobs and studies, more and more tourist visits and no fear of
terrorism, on the contrary was filled with lot of violence, bomb blasts, terrorism, and murders. As
due to the above mentioned circumstances, drastic action was needed not only to accelerate the
physical integration of the region with the India. Various investments is required to in plant &
machinery, expansion of tourism and real estate, road, rail and air connectivity but also to boost
emotional and mental integration of the Kashmiri people with the rest of India. Now Kashmiri
people would able to trust Indian state, its institutions and their efforts which they will perform
in developing Kashmir valley. Article 370 and 35A was acting as hindrance in development and
bred corruption in Kashmir valley. Due to presence of these articles in Kashmir valley,
democracy was not even percolate. These articles were the laws which gave only diminishing
returns. This momentous decision will definitely paved the way as also the introduction of
Reoragnisation bill and to bifurcate the state and converting into 2 union territories i.e of J&K
and ladakh. This move by union government will definitely benefit the people of Jammu &
Kashmir and also the whole nation. As the Indian government by this abrogation of Article 370
has took a move in favour of the national interest rather than a particular party interest. Indian
government has considered that Kashmir is an integral part of India and whatever problems are
there, we should all stand by the future of Kashmir, and assure their feelings and see to it that
steps are taken care of restoring normalcy and implementing welfare agenda at soon as possible.
Even before abrogation of article 370, the girls belonging to Jammu & Kashmir if married to an
outsider used to be deprived of the rights on her parental property, but now their rights have been
restored. In conclusion, it is also stated that with the abrogation of Article 370 and modification
of Article35A, now would allow marginalized sections to get benefits of education, employment,
setting up more workforce areas and establishment of many more industries. Now this abrogation
would definitely create more opportunities for the people of Kashmir valley and Ladakh and
would definitely enable them to access and enjoy the rights, same privileges and same facilities
as the fellow citizens in the rest of the country are having. Honourable prime minister Narendra
Modi ji has took this intiative as he want to achieve the target of ‘one nation, one constitution’
and that could only be achieved when the separatism will be vanished as separatism had lead to
terrorism and violence in Kashmir valley. This move by the government also ensures that the
growth of Kashmir people would not be hampered by the abrogation on the other hand the
Indian government will work towards achieving growth, end terrorism and will work towards
increasing tourism in this beautiful valley. Jammu and Kashmir and Ladakh can be beacons of
peace and development for India and the Indian government would try and will achieve the task
to restore their lost glory and this new arrangement should work for their betterment.