Removal of article 370

Rise of distrust

The issue of Kashmir has been one of the most complicated issues in India for a
long period. There have been many atrocities in the demand for independence
of Jammu and Kashmir. Revocation of the special status of Jammu and Kashmir
under article 370 is a very huge and historic decision taken by the central
government in the year 2019. Not only the whole nation but also international
organizations and foreign countries applauded such a bold decision. Being such
a big issue, it creates a lot of questions like What does this mean? Or What are
its impacts upon the citizens of the country as well as the state? You must have
noticed that people are either fully supporting it or completely against it but in
this article, we are going to discuss both sides with a balanced approach.

Background

The state of Jammu and Kashmir has a very long history. Summing up in short,
article 370[1] was a medium for keeping Kashmir connected to India. It granted
a special status to Kashmir because of which Kashmir was able to maintain a
Constitution of its own which is separate from the Indian constitution. It could
have a flag of its own separate from the Indian flag. Moreover, the power of the
Indian Central Government will initially be applicable only in three areas,
which are: external affairs, defense, and communication. Besides this, there was
another article, which was article 35A[2]. It defines the permanent residence of
Kashmir. According to this article, no outsider was permitted to buy land or
property in Kashmir or avail of any educational scholarships, or apply for any
government job.

What actually happened?

What happened is that article 370 hasn't been technically removed, instead the
government has used article 370 itself to declare it null and void. One of the
clauses in article 370 reads that “this article can cease to exist” which means
that this article can be declared null and void through a presidential order in
consultation with the constituent assembly of Jammu and Kashmir. If we look
at the political situation of Kashmir, there exists no state government.
Therefore, the power got transferred to the parliament of India and the
parliament alone took the decision. After article 370 removal, article 35A also
disintegrates and so is the clause under it. This removal technically means that
there will be no separate constitution of Jammu and Kashmir with no separate
flag. The rest of the Indians can buy land and property and avail of educational
scholarships. People can also apply for government jobs.

Afterward effects

The removal of the special status of Jammu and Kashmir is a win-win situation
for both Kashmiris and Indians. Because people from outside the state can now
buy land in Kashmir, which, the land prices of Kashmir would rise which will
eventually lead the local Kashmiris to get more money when they lease out or
sell their lands. Companies from outside can now invest in the state which will
lead to the economic growth of the state as well as the country. Removal of the
educational barrier in the state means the rest of Indians can now avail of the
facilities of the university present there, which as a result, will create new job
opportunities. This increase in opportunities will lead to a reduction in crimes
and terrorism. Another advantage is that Kashmiris would now come under the
Indian laws and can avail themselves benefits of things like the right to
education and right to information, which are must, to maintain the dignity of
an individual as stated by the Indian constitution.

As far as psychological impacts are concerned, a single flag and a single

constitution would cause the Kashmiris to feel further integrated with India.
Like that of two sides of a coin, the decision of the removal of article 370 has
been argued against as well. They argue that the Kashmiris were not informed
before taking such a historic decision. Several troops were called, the internet
was shut, the landlines were turned off, politicians were placed under house
arrest, people were locked inside their houses, and the government decided
without apprising the Kashmiris. Some believe that taking this step is no less
than a dictatorship because the decisions were taken without discussion and
deliberation with the people of the state. People also believe that this decision is
unconstitutional. It was taken when no state assembly existed. This amounts to
cheating as people were fooled and misled. The counterargument to this states
that the people had been informed and to stop a lot of violence that would have
taken place, bringing in the troops was necessary. Moreover, if people were
previously informed about the decision, the issue could have existed now as
what has been ongoing for the past 70 years.

Additional changes to Kashmir

Another significant decision that has been taken is that Jammu and Kashmir
will be made a separate union territory and Ladakh will be made a separate
union[1]. Making the state a union territory means that the central government
has greater control over it as compared to a normal state. People going against
this say that democracy would be further reduced now because the elected state
government would not be asking the state to take decisions in all fields.

Conclusion

In a nutshell, the removal of article 370 will lead to more development in

Kashmir. People will now have more job opportunities and the stereotypical
mindset of people will also change. It is kind of difficult to estimate the impact
of the decision in the long term or the short term. The main purpose behind the
removal of article 370 is to integrate Kashmir with India but this integration
would not be fruitful until the local Kashmiris heartily accept it. The
government will be unable to accomplish the purpose behind its decisions if
they are forced upon them or if decisions are taken without their consent first. It
is also important for local people to have more representation within the
government of the state in order to achieve the desired goals.

[1] https://www.hindustantimes.com/india-news/jammu-kashmir-and-ladakh-
become-separate-union-territories-from-thursday-10-points/story-
fsYC3R1HFXFZxzlwomycrJ.html