ARTICLE 370 OF INDIAN CONSTITUTION

The recent observation marked the fifth anniversary of the repeal of Article 370, which gave Jammu and Kashmir unique status. The Indian government abolished Article 370 on August 5, 2019.

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ARTICLE 370 AND 35A OF INDIAN CONSTITUTION

• The Indian constitution's Article 370 granted Jammu and Kashmir special status.
• N Gopalaswami Ayyangar, a member of the Indian Constituent Assembly, wrote the draft of it. It was introduced in 1949 as a "temporary provision."
• This Article 370 clause 1 gave Jammu and Kashmir the freedom to keep its own flag, constitution, and laws governing all save communications, foreign policy, and defense.
• The Article 370 clause 1 was based on the conditions of the Instrument of Accession, which was signed in 1947 when Pakistan invaded Jammu and Kashmir by Hari Singh, the region's ruler.

REPEAL OF ARTICLE 370

• Presidential Order: The "constituent assembly of Jammu and Kashmir" was reinterpreted by Parliament in the 2019 Presidential orders to refer to the "Legislative Assembly of Jammu and Kashmir."

  • Parliament then seized the authority of the Legislative Assembly to repeal Article 370 by using the President's rule.

• Parliamentary resolutions: Concurrent resolutions were approved by the Lok Sabha and Rajya Sabha, the two chambers of Parliament, on August 5 and 6, respectively.

  • These resolutions repealed Article 370's remaining clauses and added new ones in their stead.

• The 2019 Jammu & Kashmir Reorganization Act: The legislation to divide the state of Jammu and Kashmir into the Union Territories of Jammu and Kashmir and Ladakh was approved by Parliament in 2019.

JAMMU AND KASHMIR REORGANISATION ACT, 2019

• It created the two Union Territories of Jammu and Kashmir and Ladakh out of Jammu and Kashmir.
• Article 370, which had given Jammu and Kashmir a special status, was repealed.
• The districts of Leh and Kargil became part of Jammu & Kashmir, while the remaining areas were incorporated in the Union Territory of Ladakh.
• Jammu and Kashmir kept five Lok Sabha seats, while one was moved to Ladakh.

• Legislature: The seats in the Legislative Assembly will be reserved for tribal and scheduled caste people to keep the proportion intact of their population in the Union Territory of Jammu and Kashmir.

• The Lt. Governors can nominate two women members for the Assembly to represent women if women are not sufficiently represented to justify equality between men and women.
• The elected Legislative Assembly will be for 5 years, and the Lt. Governor will summon the Assembly once every six months.
• The Legislative Assembly has the right to pass a law for any given part of the Union Territory of J&K related to any of the matters listed in the Indian Constitutions State's List except for the "Police" and "Public Order."
• Any matter specified in the Concurrent List will be applied to Indian Union Territories. Furthermore, Parliament will have the decision-making power to create laws for Jammu Kashmir and its Union Territory.

SUPREME COURT JUDGMENT ON ARTICLE 370

REQUIREMENT FOR THE ABROGATION OF ARTICLE 370

• Integration and Development: The revocation of Article 370 enabled better access to resources, infrastructure development, and economic opportunities, aiding the region's integration with the rest of India.

• National Security: Improved control and stricter security measures by the Indian government enhanced national security and counter-terrorism efforts in the region.

• Ending Discrimination: Equal rights and opportunities were ensured for women, Dalits, and other marginalised groups under Indian laws, promoting social justice.

• Legal Uniformity: The abrogation aimed to eliminate legal confusion and disparities by applying uniform laws across India, ensuring equal rights for all citizens.

• Demographic Changes: Encouraging outside investment was seen as a means to stabilize the region economically and socially, though concerns about demographic shifts and property rights were noted.

• Political Stability: The move aimed to foster a stable political environment, re-establish democratic processes, and improve local governance.

IMPACT OF THE ABROGATION OF ARTICLE 370

• Uniformity in Laws: Changes in Domicile Laws: In April 2020, the Centre introduced the domicile clause for J&K, redefining residence and recruitment rules. This made any individual who has resided in J&K for 15 years or has studied for 7 years and appeared in class 10th/12th examination in J&K, eligible for a domicile certificate, replacing the previously issued Permanent Resident Certificates.

• Changes in Land Laws: The government amended 14 land laws in the former state of J&K, repealing 12 of them, including the Jammu and Kashmir Alienation of Land Act, 1938, and the Big Landed Estates Abolition Act, 1950, which had protected land holdings for permanent residents alienating the non-permanent residents.

  • Recently, the Jammu and Kashmir (J&K) government granted proprietary rights to West Pakistan Refugees (WPRs) and individuals displaced during the 1965 India-Pakistan war.

• Bharatiya Nyaya Sanhita (BNS) (formerly called IPC) Comes into Force: With the revocation of J&K's special status, all central laws became applicable, and the erstwhile state's constitution became defunct.

  • The Ranbir Penal Code was replaced with the IPC (now BNS), and the prosecution wing was separated from the executive police in J&K.

• State Investigation Agency (SIA) was Found: In November 2021, the J&K administration established the State Investigation Agency (SIA) as a specialized agency to coordinate with the National Investigation Agency (NIA) and other central agencies for the speedy and effective investigation and prosecution of terrorism-related cases.

• Decline in Violence: Since the abrogation of Article 370, there has been a significant decline in terror activities, local militancy recruitment, and terrorist killings in J&K, with stone pelting, separatist strikes, and violent protests almost vanishing in the last five years.

• Electoral Participation: J&K recorded its highest voter turnout in a 2024 Lok Sabha poll in 35 years, with the Kashmir Valley seeing a 30-point increase from 2019. The 2024 Parliamentary polls were the first major election in the Union Territory after Article 370's abrogation.

• Tourism in Jammu and Kashmir: The region saw an unprecedented surge in tourism, attracting over 21.1 million visitors in 2023, boosting the local economy. There has been a tourism boom post-Covid-19 and after the abrogation of Article 370, which is expected to increase further.

• Trade and Investments: Since the abrogation of Article 370 in 2019, J&K attracted Rs 5,656 crore in investments across various sectors.

  • The New Central Sector Scheme for Industrial Development, launched in February 2021, spurred 310 investments in 2020-21, 175 in 2021-22, and 1,074 in 2022-23.
  • Lt Governor reported Rs 66,000 crore in private investment proposals within two years.

• Enhanced Infrastructure: The government has also invested heavily in infrastructure development in Jammu and Kashmir. This includes projects such as the construction of new roads, bridges, tunnels, and power lines.

  • These improvements have made it easier for people to travel and do business within the region.

EMERGENCE OF NEW CHALLENGES IN J&K AND LADAKH POST ABROGATION OF ARTICLE 370

• Political Instability and Governance Issues: Detention of over 500 political leaders and communication blackouts created a governance vacuum and increased local alienation.

• Security Concerns and Militancy: A resurgence in militant activities led to more recruitment and heightened security challenges, resulting in increased encounters and civilian casualties.

  • Example: Recent terrorist attack on an Indian Army and pilgrims convoy in Jammu.
  • The new trend in militancy in Jammu and Kashmir shows a shift towards local militants, increased use of modern technology, and weakened local intelligence due to troop redeployments to Eastern Ladakh.

• Socio-Economic Disruption: Prolonged lockdowns caused economic contraction, especially in tourism, with over 80% decline in 2020, leading to higher unemployment and youth discontent.

• Human Rights Violations: There has been observed a large number of cases of detentions, excessive force by security, and restricted freedom of expression, fueling local resentment.

• Administrative Challenges in Ladakh: The bifurcation created administrative issues in Ladakh, with inadequate infrastructure and governance. The Ladakh Autonomous Hill Development Council is demanding inclusion under the Sixth Schedule and full statehood to gain greater autonomy in development and control over natural resources.

• Cultural and Identity Concerns: Fears of cultural dilution and demographic changes due to the influx of outsiders, with regional parties voicing concerns over land and job security for locals.

WAY FORWARD

• Timeline and Elections: The Supreme Court suggests holding elections by September 2024. Key tasks include setting a clear timeline, overcoming logistical and security challenges, and ensuring fair elections. Encourage broad political participation to ensure a smooth transition to statehood.

• Security and Human Rights: Ensure civilian safety, address security concerns, and investigate any human rights violations independently to foster peace.

• Economic and Social Integration: Focus on economic development, job creation, and infrastructure improvements. Promote social cohesion and dialogue, such as through Operation Sadbhavana by the Indian Army, and address remaining grievances.

  • Embrace Atal Bihari Vajpayee's vision of Kashmiriyat (Kashmir's inclusive culture), Insaniyat (humanitarianism), and Jamhooriyat (democracy) as the foundation for reconciliation efforts in the state.
  • Maintain transparency and trust through ongoing communication between the central government, state administration, and local people.

Monitoring and Adaptation: Continuously monitor the situation and adapt policies based on feedback to ensure a successful transition.