Article 370: Story of Kashmir Situation

by  Adv. Rupa K.N  

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Article 370

Introduction

The imposition of Article 370 of the Indian Constitution granted Jammu and Kashmir unique status. Jammu and Kashmir is a region of Kashmir that has been disputed for many years between China, India, and Pakistan since 1947. Article 370 was given three specific titles:

  • Transitional
  • Special Provisions
  • Temporary 

Why is Kashmir so highly controversial?

Kashmir is a Himalayan area claimed by both India and Pakistan.

The region was previously a princely state known as Jammu and Kashmir, but it became a part of India in 1947, shortly after the subcontinent was partitioned following the end of British control.

Following that, India and Pakistan went to war over it, and each came to control distinct sections of the land, with a ceasefire line agreed upon.

For the last 30 years, there has been bloodshed in the Indian-administered side – the Union Territory of Jammu and Kashmir – as a result of a separatist insurgency against Indian rule.

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What has happened?

There were signals of trouble in Kashmir within the first days of August.

Tens of thousands more Indian soldiers were mobilized, a major Hindu pilgrimage was canceled, schools and universities were closed, visitors were told to leave, phone and internet services were blocked, and regional political leaders were placed under house arrest.

However, the majority of conjecture was that Art 35A of the Indian constitution, which granted special rights to the citizens of the state, would be repealed.

The administration then startled everyone by announcing that it was repealing practically all of Article 370, which includes 35A and has served as the foundation of Kashmir’s complicated relations with India for nearly 70 years.

How important is Article 370?

The provision granted the state some autonomy, including a distinct constitution, flag, and the ability to adopt laws. The central government retained control over foreign affairs, defense, and communications.

As a consequence, Jammu and Kashmir may establish their own regulations for permanent residency, property ownership, and fundamental rights. It might also prevent Indians from owning land or settling in the state.

The constitutional clause has been the bedrock of India’s frequently troubled relationship with Kashmir, the only Muslim-majority area to join India at the division.

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Article 370 Requirements

Article 370 has the following provisions:

  • To implement legislation in Jammu and Kashmir, the Parliament needs the permission of the Government of Jammu and Kashmir. Some exclusions are defense, economics, communication, and international affairs.
  • According to Article 370, no one from outside Jammu & Kashmir may acquire property in the state. The national government does not even have the authority to declare a financial emergency in Jammu and Kashmir.
  • Article 370(1) of the Indian Constitution binds Jammu & Kashmir as a state (c). Article 1 exercises are performed with the assistance of Article 370. If Article 370 is removed, Jammu and Kashmir will be considered autonomous states until new laws are enacted.

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The Importance of Article 370

Article 370 delegated several authorities to the state of Jammu and Kashmir, including:

  • Constitutional Separation
  • a distinct flag
  • Capability to write laws.

There were also certain exclusions that the Indian Union had complete authority over, such as:

  • Communications for Defense and Foreign Affairs
  • Because Jammu and Kashmir had the freedom to determine their own laws, no one from outside the state was permitted to buy land and reside there.

Why was Article 370 dissolved?

Article 370 was rejected by the government, and it was included in the 2019 election agenda. It was important to cancel it in order to put Kashmir on par with the rest of India’s states and union territories. When the Modi administration regained power, it wasted no time in carrying out its commitment to repeal Article 370 of the Indian Constitution.

Article 370 was eventually repealed on August 5, 2019. Jammu and Kashmir will not have a separate constitution and will operate in accordance with the Indian Constitution, similar to the other states and union territories. All Indian laws will apply to Kashmiris, and persons from neighboring states can now acquire property in Jammu and Kashmir. Get online advice.

Explore the Past, Present, and Future of the Region's Autonomy

2019 Reorganization Act

This was an act approved to review and recreate the state of Jammu and Kashmir that took effect on October 31, 2019. The act included several updates, such as:

  • It is made up of 103 clauses.
  • The union territory was granted the application of 106 central legislation.
  • 153 state legislation was repealed.
  • The Jammu and Kashmir Legislative Council was disbanded.

The bill was proposed following the repeal of Article 370 by the President’s decree, which withdrew Jammu and Kashmir’s special status.

What situation prevails now?

The bloodshed and terrorism curve in Jammu and Kashmir from 2019 to the end of 2022 using official data published annually by Jammu and Kashmir police. The data on civilian deaths were also cross-checked with independent evidence from rights groups, minority representation organizations, and media accounts. Although there has been a significant decrease in terrorist violence, the data indicated some concerning tendencies.

New risks, low numbers

The number of active terrorists in Jammu and Kashmir has decreased significantly as a result of the Union territory’s unrelenting anti-militancy operations. According to the police, the number of active terrorists has dropped from 250 at the end of 2019 to “a little more than 100” towards the end of 2022. The security forces now say they want to reduce the number of armed insurgents to less than 100.

In the previous four years, security personnel in Jammu and Kashmir have killed at least 750 terrorists. Contrary to common belief, 83% of those slain were Kashmiri youth. However, the foreign presence of militants looks to be rising recently.

Local youth recruitment into militant ranks looks to be decreasing. In 2022, just 100 Kashmiris would have joined terrorist groups, compared to 143 in 2019. According to Dilbag Singh, the Jammu, and Kashmir police chief, 65 freshly recruited terrorists were killed in 2022, while 17 were apprehended. “Eighteen are still active,” Singh stated earlier this month during the police department’s annual news conference in Jammu.

Conclusion

Article 370 of the Indian Constitution was applied to give the people of Jammu and Kashmir the ability to have their own control due to disputes with neighboring countries, but it was reversed, resulting in a slew of revolts and setbacks that were swiftly countered by the government. It incorporated Jammu and Kashmir into the Indian Union, elevating it to the same status as the other states.

Article 370 was removed by the government to put Kashmir on par with the rest of India's states and union territories. Understand this from a subject expert today.

Adv. Rupa K.N

Adv. Rupa K.N

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Advocate Rupa K.N, with over 24 years of independent practice, specialises in providing legal expertise, advice and guidance to a broad range of customers. Having been practising law independently for several years after doing her B.A. LLB from Bangalore University and PGDM from the National Institute of Personnel Management.

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