ABROGATION OF ARTICLE 370 IN JAMMU & KASHMIR

Abstract

This provision is a result of historical controversy which has been going for years, which provided autonomous status to the State of Jammu and Kashmir due to which it enjoys a position giving autonomous status empowering it to have its own Constitution, flag and other legal provisions unlike other States of the Indian Union. The insertion of Article 370 came out as a big controversy which started at the time of independence when Raja Hari Singh signed Instrument of Accession with the Government of India. Article 370 was only link between 

India and Jammu and Kashmir and this is why it was termed as the “umbilical cord” of the Indian Constitution and turned out to be the most sensitive provision of the Constitution.  

Article 370 has remained an enigma which was originally intended to of temporary and transitional nature. The Constitutional validity of Article 370 has been challenged in Apex Court on several occasions, but its Constitutionality has been upheld by the Supreme Court of India. But finally in a turmoil situation where thousands of soldiers and army troops were deployed to the state of Jammu & Kashmir, all communications were cut off and suddenly parliament scrapped off article 370 and 35A of the Constitution via Presidential order invoking article 370 (3) of the Constitution, also establishing Jammu and Kashmir and Ladakh as two separate Union Territories by passing resolution with majority in parliament, former with a legislature and latter without one. Article 370i granted an autonomous status to J&K, while Article 35Aii, incorporated into the Constitution in 1954, provided special rights and privileges to the citizens of the state. 

Art. 370, from its inception it is considered a major impediment for the overall development of Jammu and Kashmir. It is branded as an obstacle between integration of Jammu and Kashmir with other India, which in fact already an integral part of India. An article also promoted as it is major reason behind the terrorist activities in the region. An article is also blamed for denying equal property rights to women. However, It is interesting to study that, are the people of Jammu and Kashmir are not in favour of the overall development of region, or are they don’t want to improve their quality of education by removing article 370, or are they don’t want a terrorism free State. India need to rethink on bringing a sustainable solution on the situation of Jammu and Kashmir. Putting state under surveillance cannot be long term option. As we Indians are very perfect in finding a middle path. Here also we need to look at that middle path to tackle the above problems. To control terrorism, to providing education to Jammu & Kashmir, to giving property rights, to increase growth of economy.