earn everything about the special status of Kashmir, that is article 370 history: Now that the Article 370 and Article 35-A has been re… article 370 history, article 370 history, article 370 history
A dispute over Kashmir territory between India and Pakistan has been going on for a long time. Recently, the Indian government decided to revoke an Article 370 and Article 35-A from the constitution; which will legally address Kashmir as any other Indian state. Understanding the history of this region, what is article 370, and what will be the consequences of its revocation – all these concerns will be discussed here briefly.
In 1846, British gifted the territory of Kashmir to Gulaab Singh, who was then King, under the act of ‘treaty of Amritsar’. After that Maharaja Harish Singh came to power and he was the one who wanted Kashmir to be entirely independent.
Maharaja Harish Singh signed a ‘Standstill Agreement’ with Pakistan. According to this agreement, Kashmir got a chance to maintain its status quo until one of India or Pakistan attacked it. In October 1947, Pakistan gave up its patience and attacked Kashmir in the most barbaric way. Then Kashmir reached out to India for protection.
Two mistakes were made by Dr.Jawaharlal Nehru: a. Reaching out to the USA while the matters of India and Pakistan could have been resolved amongst themselves and b. In 1949, Mohammad Ali Jinnah and Jawaharlal Nehru in congruence with Dr.Babasaheb Ambedkar drafted article 370 of the Indian constitution. The article was drafted on Part XXI of the Constitution: Temporary, Transitional and Special Provisions. Except for the matters of defence, foreign affairs and communications, no other India’s intervention was considered.
Good and the Bad stuff
Under Article 370, the state enjoyed certain privileges such as:
- Dual Citizenship
- Own Flag
- Legislative Assembly term in 6 years
- Orders of the Supreme Court are not valid
- Parliament’s Laws are limited
Along with that, it also carried certain disadvantages:
- Gender bias i.e. if any girl from Kashmir married a person outside Kashmir, she would lose her Kashmir’s citizenship
- Outsiders can’t own land. Thus the industrial sector and whole private sector suffers due to the property ownership restrictions
- High Unemployment rate
- No fundamental rights and duties were enjoyed by citizens of Kashmir
- Increase in Terrorism
The only way
There was only one way to remove Article 370 and that was- The President may, by public notification shall declare that this article will cease to be operative but only on the recommendation of the Constituent Assembly of the State. But after 1955, there was no Constituent Assembly in Kashmir.
In other words, Article 370 can only be removed only if a new Constituent Assembly of Jammu and Kashmir is convened and is willing to recommend its revocation. Of course, Parliament being a government discussion body has the power to amend the Constitution to change this provision. But this could be subject to a judicial review which may find that this clause is just a basic feature of the relationship between the State and the Centre and cannot, therefore, be amended.
Thus, to revoke article 370, the government has to follow proper judicial review else this won’t be revoked from the state. This was a golden opportunity for our home minister, Mr.Amit Shah and he took the leap forward.
Now that Article 370 and Article 35-A has been revoked by the government of India, Kashmir is officially a part of India. Along with this decision, the government has also decided to bifurcate the state into two Union Territories that is Jammu and Kashmir, they will have their own independent legislature, and Ladakh, which will be without a legislature.
Except the Separatist party of Kashmir, all other political parties supported this decision of our government.
Revocation of this provision will now lead to more interference of people, more investments and thus employment.