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The abrogation of Article 370 took place through the Constitution (Application to Jammu and Kashmir) Order, 2019 and the Jammu and Kashmir Reorganisation Act, 2019 resulting in the application of 890 central laws, the repeal of 205 state laws, and modifications to 130 state laws. The Supreme Court of India has upheld the validity of this act in its recent Judgement given in December of 2023. The abrogation, though debated heavily, is responsible for the integration of Jammu and Kashmir in India as a result of which many benefits have been extended to the people of Jammu and Kashmir.
During India’s freedom struggle against the British Colonial establishment, the then princely State of Jammu and Kashmir had fought alongside the Indian Nationalist.
Cabinet Mission: On 16.05.1946, the Cabinet Mission had issued its statement that British India would be free to decide its own future constitution and an interim government was to carry out the task of administration till the Constitution of independent India was created.
Indian Independence Act: In 1947 with the passing of the Indian Independence Act of 1947, it was stated that two independent dominions: Dominion of India and Dominion of Pakistan were to be established post 15.08.1947. The Act also provided that the suzerainty (suzerainty means the right of a country to partly control another country) of the British Crown would lapse and return back to the Rulers of those States. Therefore, with the passing of the Act over 500 princely States now had the choice to accede to either of the two dominions established by the Act. Thus, even after giving our freedom to us after nearly 200 years of subjugation, the British Crown had created a new problem for the newly Independent Indian State. However, after a lot of effort, arrangements were made with the Princely States to accede to the Indian Dominion.
While this was happening the Pakistani army had infiltrated the princely state of Jammu and Kashmir (who at that time had expressed no intention to become part of either of the two dominions and remain an independent territory). On 26.10.1947, Maharaja Hari Singh turned to India, asking for its aid and help. After which he made an offer of accession to Indian dominion.
Accession accepted: On 27.10.1947, Lord Mountbatten accepted the offer of accession, but he added another condition that as soon as the law and order was restored in Kashmir, meaning it was cleared of the pakistani invaders, the question of Kashmir’s accession should be settled by a reference to the people.
Article 370 in the Constituent Assembly: On 17.10.1949 draft Article 306-A (which later became Article 370) was heavily discussed and debated in the Constituent Assembly and the peculiar circumstances surrounding the accession of Kashmir to India were appreciated and Article 370 was adopted in Part XXI of the Indian Constitution titled “Temporary, Transitional and Special Provisions”. Also by 26.01.1957 Constitution of Jammu and Kashmir came into force, which established its status as a state of the Indian Union and gave the new State its bicameral legislature and a High Court.
As an effect of Article 370 Jammu and Kashmir (hereinafter referred to as “J&K”) was given special status in the Indian Constitution and was treated differently not only from the other princely states who acceded to the Indian Dominion but also the other States of Indian after independence. As India developed, the State of Jammu and Kashmir was kept away from the mainstream.
Limitations on Power of Parliament to enact law: as per the provisions of Article 370, the Parliament had the right to enact laws with regard to defence, external affairs and communication for Jammu and Kashmir. For the purpose of enacting a law in relation to any other matter or subject, the Centre (Parliament) was required to seek the consent of the assembly of J&K and because of the effect of agreement signed between princely state of Kashmir (through its then Raja) the Parliament’s power was severely limited in connection of J&K.
Other limitations on J&K: a) the State of J&K was exempted from the Application of many provisions of the Indian Constitution, b) purchase of land in J&K by citizens from other States of India was barred, c) provision with regard to Financial emergency (under Article 360) were not applicable to J&K. d) the provisions of Right to Information Act, 2005 were also not applicable to J&K. e) Tenure of Legislative assembly of J&K was 6 years, whereas the tenure of Legislative Assemblies of the other States of India was 5 years.
These limitations posed a challenge in the integration of J&K as a State of India and effective governance of J&K was a difficult task and development and investment suffered in the region with the people of J&k were left to be primarily dependent on tourism as a major source of Income.
Effect abrogation of Article 370: with the Application of Indian laws to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh, 890 Central Laws were made applicable and 205 State laws were repealed and about 130 State laws were modified in the Union Territories of J&K to be in line to the Constitution of India. Some of the notable effects of the abrogation are as follows:
By the Indian Independence Act, 1947 two independent dominions were created i.e. Dominion of India and Dominion of Pakistan. The Act also ended the British Crown’s control over princely States, giving them the option to join either India or Pakistan. After negotiations many princely States agreed to join India. Meanwhile, the Pakistani army infiltrated Jammu and Kashmir, which had intended to stay independent. Maharaja Hari Singh sought India’s help against Pakistan's invasion and agreed to join India. Later, he acceded to India however, it was noted that once invaders were gone, a referendum with the people to decide which country they wish to join.
Article 370 in the Constituent Assembly: Article 370 was adopted in Part XXI of the Indian Constitution titled “Temporary, Transitional and Special Provisions” after a lot of discussion. Also on 26.01.1957, Constitution of Jammu and Kashmir came into force, which established its status as a state of the Indian Union and gave the new State its bicameral legislature and a High Court.
Effect of Article 370:
Since its inception the abrogation has become a topic of heated political and national debates and was challenged in the Supreme Court which in its 2023 judgement:
With the opening up of the valley to the rest of India, it has made the people of J&K recipients of various schemes and benefits. The Union Territory is now subject to various benefits which are boosting and driving its economic growth on an active footing. Recently the Government of India initiated the largest recruitment drive conducted in a fair and transparent manner which recruited nearly 29000 people and 5523 candidates were referred to recruitment agencies. Other schemes like Mission Youth JK and Himayat Scheme have also been launched for providing better employment opportunities to the youth. The Government of the Union territory has obtained the G.I. (Geographical Indicator) tag for Saffron and Basmati rice. The Ukhu village of Pulwama is to receive the title of “Pencil wala Gaon” as 90% of the pencil slate is manufactured there. Other than that there are various development initiatives which have fostered a new era of development in the valley. There is an under progress All India Institute of Medical Sciences in Jammu and Kashmir separately and 7 other medical colleges in the Union Territory of J&K. Indian Institute of Technology (IIT) Jammu and Indian Institute of Management (IIM) Jammu have also been made functional and the number of Degree Colleges and Engineering colleges has increased from 96 to 147. Metro projects in Jammu and Srinagar are being planned. This change has been welcomed by the valley and during 2022, the valley saw high tourist footfall with over 1.88 crore tourists visiting Jammu and Kashmir (26.73 visited Kashmir which is double from the previous highest footfall in 2016 of 12.99 lakhs ). Therefore it is correct to say that with the integration of J&K with India with the abrogation of Article 370, Kashmir is contributing its share towards Atma nirbhar bharat.
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