5 Years After Removal of Article 370

Context:

Recently, the fifth anniversary of the revocation of Article 370, which granted special status to Jammu and Kashmir, was observed. On 5th August 2019, the Government of India revoked Article 370.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Understanding Article 370 of the Indian Constitution: Special Provisions for Jammu and Kashmir
2. Removal of Special Status of Jammu and Kashmir: Article 370 and Subsequent Developments
3. Impact of the Abrogation of Article 370
4. Challenges Ahead for Jammu and Kashmir: Addressing Key Concerns

Understanding Article 370 of the Indian Constitution: Special Provisions for Jammu and Kashmir

Context and Scope:

• Article 370 is the initial provision of Part XXI, titled ‘Temporary, Transitional and Special Provisions,’ in the Indian Constitution.
• It grants special provisions to Jammu and Kashmir (J&K), allowing the state to have its own constitution and offering exemptions from certain aspects of the Constitution of India.

Exemptions and Legislative Restrictions:

• Article 370 exempts J&K from the application of the Indian Constitution, with the exception of Article 1 (which defines the territory of India) and Article 370 itself.
• It enables the state to draft its own constitution.
• Parliamentary legislative powers over J&K are restricted, necessitating “consultation” with the state government for extending central laws related to subjects listed in the Instrument of Accession (IoA).

Instrument of Accession and Powers:

• The Instrument of Accession (IoA) was signed in 1947 by Raja Hari Singh of J&K and Governor General Lord Mountbatten.
• The IoA granted Parliament authority to legislate on Defence, External Affairs, and Communications for J&K.
• However, for extending these powers to other subjects, the “concurrence” of the state government is essential.

Application and Transformation:

• Often described as a “tunnel,” Article 370 facilitated the gradual application of the Indian Constitution to J&K.
• Through a 1954 order, a significant portion of the Constitution, including numerous Constitutional amendments, was extended to J&K.

Removal of Special Status of Jammu and Kashmir: Article 370 and Subsequent Developments

Article 370(3) and Removal of Special Status:

• Article 370(3) allows for the removal of Jammu and Kashmir’s special status through a Presidential Order.
• Such an order requires prior concurrence from J&K’s Constituent Assembly, which was dissolved in 1957.

Views on Removal:

• One perspective holds that since the Constituent Assembly was dissolved, the removal of special status is not possible.
• Another viewpoint suggests that removal can occur with the concurrence of the State Assembly.

2019 Developments:

• The Constitution (Application to Jammu and Kashmir) Order 2019, issued by the President, eliminated J&K’s special status and extended the Indian Constitution’s provisions to the region.
• The J&K (Reorganization) Act 2019 led to the division of J&K into two Union Territories: J&K with a Legislative Assembly and Ladakh without one.

Legal Challenge and Supreme Court Hearing:

• The Supreme Court of India is presently hearing petitions challenging the 2019 abrogation of Article 370.
• These developments are significant in shaping the legal and constitutional landscape surrounding Jammu and Kashmir’s special status.

Impact of the Abrogation of Article 370

• Domicile Clause Implementation:
  • Introduced in April 2020, redefining residency and eligibility for domicile certificates in J&K for individuals with 15 years of residency or 7 years of education culminating in 10th/12th exams in the region.
• Land Law Revisions:
  • Fourteen land laws were amended, with 12 being repealed, altering land ownership rules that previously favored permanent residents over non-permanent ones.
• Rights to West Pakistan Refugees:
  • Proprietary rights granted to West Pakistan Refugees and those displaced by the 1965 India-Pakistan war.
• Legal and Administrative Changes:
  • Bharatiya Nyaya Sanhita (previously the Indian Penal Code) replaced the Ranbir Penal Code, making central laws enforceable.
  • Establishment of the State Investigation Agency in November 2021 to synergize with the National Investigation Agency for efficient handling of terrorism cases.
• Security and Societal Impacts:
  • Post-abrogation, marked decrease in terrorist activities, recruitment, and violent protests, leading to an enhanced peace and order scenario in the region.

Challenges Ahead for Jammu and Kashmir: Addressing Key Concerns

Grassroot Democracy and Development:

• Despite the establishment of District Development Councils (DDCs), genuine grassroot democracy remains a challenge.
• Development plans are often formulated by officials rather than by elected representatives, hampering effective local governance.

Electoral Uncertainty and Protests:

• The delimitation process sparked speculation about early Assembly elections, but their timing is uncertain.
• Efforts to include new groups in the state’s Scheduled Tribes (ST) list led to protests from certain communities like the Gujjars and Bakerwals.

Targeted Killings and Security Vulnerabilities:

• A series of targeted civilian killings, particularly of Kashmiri Hindus and non-Kashmiris, has exposed vulnerabilities despite improved security measures.
• The security situation is complicated by the use of small weapons dropped by drones and alleged “part-time” militants engaged by handlers from across the border.

-Source: Indian Express