The scrapping of Article 370: A new beginning for Jammu and Kashmir

Introduction

It all began when the ruling party on August 5, 2019, took a harsh and strict action by
revoking article 370 through a presidential order. Article 370 of the Constitution of India
conferred special status to Jammu and Kashmir allowing them to have a separate constitution,
their flag and power to administer internally on their own. Thus, a separate autonomy was
given to the State.1

The abrogation of article 370 or turning it to be inoperative in nature lead to several criticisms
as people failed to understand the motive of the government when they did so. Although this
abrogation leads to a new beginning for the State. The scrapping of Article 370 will definitely
bring drastic changes in Jammu and Kashmir in respect to social, economic, political,
educational and cultural aspects.

Evolution of Article 370 and its effect in Jammu and Kashmir

Earlier Jammu & Kashmir was a princely state dominated by Muslim population and was
governed by Maharaja Hari Singh. Most of the princely states had aligned themselves either
with India or Pakistan, but the then ruler of Kashmir wanted to Kashmir to be independent.
After the standstill agreement was signed with Pakistan, India still did not sign a similar
agreement with Kashmir. When a partition related violence occurred between both the
nations, Pakistan violently attacked Kashmir to join them, but at that time India helped them
and saved the princely state. Thus, Maharaja Hari Singh signed the instrument of accession
that aligned Kashmir with India. Also, later on Kashmir was given special status under article
370 of the constitution Of India which guaranteed the independence and autonomy of the
state.2

Article 370 of the Indian constitution which is now revoked enshrined the following features
for the state of Jammu & Kashmir :

1) Provision for a separate constitution and separate flag.

2) The name, territory or boundary of the state will remain unchanged until and unless
the state legislature permits for the changes.

1
. Abrogation of article 370 will help curb terrorism, says European Parliament, India Today, Sept., 2,2019.
2
. Erin Blakemore, The Kashmir conflict: How did it start? National Geographic, Mar., 2.2019.
 3) Special rights were granted to the permanent residents of the state for public
employment, acquisition of property, settlement and government scholarships.
4) Directive principle of state policy, as well as fundamental duties, were not
implemented in the state.
5) A financial emergency cannot be imposed in Jammu & Kashmir.
6) President rule can be applied only in the case of failure of constitutional machinery of
the constitution of Jammu & Kashmir.
7) Part VI of the Indian constitution did not apply to Jammu & Kashmir.
8) Other powers were also in favor of the state except the powers to take decisions in the
matter of defense, communication, and foreign affairs.3

Changes that are likely to take place after the abrogation of article 370

Social changes

The foremost reason behind the revocation of Article 370 was the social scenario of Kashmir.
The Member of European Parliament (MEP) also claimed that Prime Minister of India
Narendra Modi had to act in this manner to curb terrorism and reduce severe acts of violence
taking place in Kashmir by some armed groups and Pakistani based terrorist. The government
firmly believe that taking this step will be a global stand against terrorism were the terrorist
infringe the principles of democracy, harms the freedom of speech and exploit or violate
human rights of the residents of Kashmir by imposing fear on them. Further it is hoped by the
government that inclusion of the state under the same constitution as enforceable in the entire
country will ensure values of diversity, religious harmony, fight against terrorism and will
also create stability and security.

The revocation is likely to bring more rights to women. Article 370 implied gender biases
towards women such as if a Kashmiri woman marries outside the State, she will lose her
State citizenship, but now she can marry as per her will and still will be entitled to have
Indian citizenship.

3
. Namrata Kandankovi, Special status of Jammu & Kashmir,ipleaders ( May, 30, 2019)
https://blog.ipleaders.in/article-370-jammu-and-kashmir/.
Economic changes

To develop infrastructure government has planned to host the G20 summit in the coming year
2022 in Srinagar. This will also help in developing tourist spots like Baba Amarnath shrine,
Shri Shankar Acharya and so on.

Since earlier under the provisions of the Article 35A, the non-residents of Kashmir were
disallowed to purchase land and property, but after this article became inoperative, it allows
the business tycoons to set up their business or multinational companies and firms in the
state. This will boost up the economy of Jammu & Kashmir as well as India in the upcoming
years. Further the employment opportunities for the residents of Jammu & Kashmir will
increase as people will now no more differentiate them as previously because of the special
status granted to Jammu & Kashmir, people from other parts of India considered them unlike
leading to lack of opportunities for them though being qualified for the job. 4

Political Changes

The abrogation has also led to increment in the number of Union Territories as Ladakh and
Jammu & Kashmir both are the newly formed Union Territories now. Jammu and Kashmir
will have a Legislature and State government with more power conferred to the Lieutenant
Governor. On the other hand, Ladakh will not have either of the Legislature or State
Assembly and thus will be controlled by the Central Government. Jammu & Kashmir will
follow the UT model of Puducherry and provisions of article 239A will also be applicable
alike as Puducherry in J&K as well.

Earlier, under Article 370, a temporary provision in the Indian Constitution granted special
status to Jammu and Kashmir which allowed them to have a separate constitution and flag,
but now after the revocation, the State will have to adhere to the Indian Constitution.

Earlier, the Central Government was dependent on the state legislature to draft and enact
laws, but now no longer any kind of approval is needed by the Central Government as the
central laws will directly be applied to the State.

The State of Jammu and Kashmir has to now abide by the Right to Information Act or the
RTI Act. Earlier before the revocation of the Article 370, the State had the freedom to choose
the law or act to be applied in the State.
4
. CV Srikar, What’s next for Jammu & Kashmir, Campus Chronicle, Aug., 15,2019.
Educational Changes

Earlier, no private schools or colleges were set up in the State. It also reduced the filling of
left vacancies in Public colleges as non-residents did not get aid and assistance from the State
government. Now, academic opportunities will increase with academia being flourished in
the State with a greater number of schools and colleges being set up.

Other significant changes that can take place in Jammu and Kashmir

The government should also emphasize improving health and education outcomes of the
State. As the State has only 67% literacy rate, improving the quality of education is must.

The Infant Mortality Rate is very near to 55%, and other statistics in the domain of health
also needs improvement. Thus, health and education must be the top priorities of the
Government when providing them services for further development.

Conclusion

Though the granting of special status to Jammu & Kashmir was marked by significant
historical importance but its revocation is also expected to be equally important for the state.
The government is required to play a vital role in making laws and changes regarding the
state with special care and caution. It will surely bring new changes in the state which will
lead to a new beginning for the residents as well as the entire country.

A new beginning will not only create changes among various aspects of the life of the people
of J&K but will also help India in building a new vision and moreover, strengthening the
nation.

References:

2019, Abrogation of article 370 will help curb terrorism, says European parliament, Asian News International
2019, Blakemore Erin, The Kashmir conflict: How did it start? , National geographic
2019, Kandankovi Namrata, Special status of Jammu & Kashmir, ipleaders
2019, Srikar CV, What’s next for Jammu & Kashmir, Campus chronicle
2019, Bakshi Gorky, Article 370 and 35a scrapped: What will change in Jammu & Kashmir? , Jagranjosh