ARTICLE 370

INTRODUCTION- Article 370 of the Indian Constitution granted Jammu and Kashmir special status within India. It provided Jammu and Kashmir with its own autonomy while maintaining the region’s connection with India. It has had its own state Constitution. The abrogation of Article 370 has led multiple changes in the political setup of Jammu and Kashmir. A series of political developments in Jammu and Kashmir before and after the revocation of Article 370 and 35A on August 5, 2019, is essential to discuss here. The Kashmir-centric political parties were aware on Kashmir’s special status and identity, faced deep existential crisis in J&K. As we know the development agenda and the sharp decline of terrorism is the claim of the Modi-led NDA Government, so we need to ascertain the truth of harsh political realities at gross-root level. The sharp decline in terror activities, nepotism and local recruitment in militant outfits in the Kashmir valley after the abrogation of article 370 restored peace and development activities. Abrogation of Article 370 has deteriorated the Indo-Pak relations and instability in South Asia and the peace process of

several decades has been derailed. The harmonious relations between the people of Jammu and Kashmir and the rest of India have been shattered down. Moreover, the dismemberment of Jammu and Kashmir State into two Union Territories – Jammu Kashmir and Ladakh not only eroded the ethnic identity of the people. But after the abrogation of Article 370 things in Jammu and Kashmir are altogether different, there is a sharp decline in both violent and quasi-violent protests in the Jammu and Kashmir. The Bharatiya Janata Party (BJP- largest political party of the world) described the abrogation of article 370 and 35A as a process of complete integration of Jammu and Kashmir with the rest of India. However, the BJP’s ‘New Kashmir’ slogan has also sought to establish a new political order that suits the party’s national interests.

Jammu and Kashmir Reorganization Act, 2019

The election manifesto of the ruling Bharatiya Janata Party (BJP) for the 2009, 2014 and 2019 General Elections affirmed its intention to abrogate Article 370. After winning the election, the BJP government dissolved Article 370 with two Presidential Orders—CO 272 and CO 273 on August 5 and August 6, 2019, respectively. The Jammu and Kashmir Reorganization Act, 2019 was passed by the parliament of India containing provisions to reconstitute the state of Jammu and Kashmir into two Union Territories (UTs) called Jammu & Kashmir and Ladakh, and became effective from 31 October 2019. A bill for the act was introduced by the Minister of Home Affairs, Mr. Amit Shah, in the Rajya Sabha on 5 August 2019 and was passed on the same day. It was then passed by the Lok Sabha on 6 August 2019 and received the president’s assent on 9 August 2019.In December 2023, the Hon’ble Supreme Court of India delivered a historic judgment on the abrogation of Articles 370 and 35A. The act consists of 103 clauses, extends 106 central laws to the UTs, repeals 153 state laws, and abolishes the Jammu and Kashmir Legislative Council among other things. The introduction of the bill was preceded by a presidential order which indirectly amended Article 370 of the Indian constitution and revoked Jammu and Kashmir’s special status.

Immediately after the abrogation, several individuals and organisations around the Country moved the Supreme Court to challenge its constitutionality.

Santosh Kumar v. State of J&K, serve as critical touchstones in this abrogation.

The case affected the rights of Jammu and Kashmiri citizens in addition to the legality of the Presidential Order. It subtly raised concerns about the consequences for those who had previously benefited from special rights and protections under Article 35A, which was also affected by the abrogation, by debating the legitimacy of the abrogation. Since the court’s decision addressed not only the legal aspects but also the more general issues of governance, autonomy, and the rights of the people of Jammu and Kashmir, political actors, civil society, and international observers closely examined it.

In Re Article 370 of the Constitution of India, Citation: 2023 (SC) 1050

The Constitution bench of the Supreme Court, led by Chief Justice of India DY Chandrachud and composed of Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, pronounced the judgment. The Court held that the State of J&K had no internal sovereignty and the concurrence of the State Government was not required to apply the Indian Constitution to the State of J&K. It was held that Article 370 was a temporary provision.

IMPACT OF ABROGATION- The abrogation removes the special status granted to Jammu and Kashmir by the Constitution. This means that the Indian Parliament’s power to make laws for the newly formed Union Territories is no longer restricted to three subjects. The Constitution and other territorial laws of India apply to these two territories as they would to any other State and Union Territory in the Country. The Constitution of Jammu and Kashmir is redundant and the region no longer has a separate flag.

It economically, the reorganization seeks to usher in opportunities for development, as central government schemes can now be implemented uniformly in the Union Territories.

The removal of separate citizenship rights and the application of the Indian Constitution might result in greater interaction between the peoples of J&K and the rest of India.

The move has also triggered anxiety about renewed violence from neighboring Pakistan, which perceives this as an aggressive assertion of Indian sovereignty over Kashmir. There are fears that this might lead to an uptick in state-sponsored terrorism, impacting the safety and security of the local population

Conclusion- Doubtless to say, the abrogation of article 370 have created new kind of political atmosphere in the troubled Jammu and Kashmir, unexpected positive political participation has been started, new political parties has been emerged with a new ideological setup and master plans for the development of the state under the broader vision of liberal democracy.

It has not only reshaped the political landscape of Jammu and Kashmir but has also sparked significant socio-economic debates across India. While it has opened opportunities for development and integration, it has simultaneously raised questions about constitutional validity, federalism, and the preservation of the region’s unique identity