The unprecedented lockdown, localising trouble-spots and gradual easing of the restrictions are part of the new strategy. However, a sudden and well-planned attack from Pakistan in the form of local tribesmen, along with its army, changed the scenario dramatically. This step will help in integrating the Jammu & Kashmir region with the rest of India. The comparison is fallacious, in that it pitches the question of preservation of specific cultures and traditions against the question of uniformity of law, national integration, security and social justice. Cloudflare Ray ID: 7780b9f55ddb8d00 It seems prepared for initial criticism and trouble brewing in certain pockets of the state. This Article is temporary in the sense that the Constituent Assembly of Jammu and Kashmir had the right to modify, delete or retain it, and also it was considered to be temporary only till a plebiscite was held to ascertain the public wish. Led by a shrewd leader Modi, who is extremely unpredictable (every alternate day the Pakistani media keeps wondering what is going through Modis mind), the NSA Ajit Doval and EAM S. Jaishankar are known to be on same wavelength as Modi and are astute practitioners of the art of statecraft and strategic issues. So irrespective of high levels of Indian security arrangements, Pakistan will continue to infiltrate terrorists to India through Kashmir, Punjab, Rajasthan or even through more porous borders like Nepal and try its best to create some major terror attack and bring the global attention on the issue. However, it sees Indian action in Kashmir as affecting its position in Ladakh when the two sides meet on border dispute in the next few weeks. Abrogation of Article 370 Kashika Mahajan BhartiyaVidyapeeth College, B.B.A L.LB . The article, referred to as the Permanent Residents Law, also bars female residents of Jammu and Kashmir from property rights in the event that they marry a person from outside the state. Interestingly, these communities apart from Dalit Hindus were never given Permanent Resident Certificate (PRC) by J&K state. The issue covered by various media channels. Section 6 of J&K Constitution that derives its power from Article 35-A of Indian Constitution discriminates against women residents of the J&K state who marry a person from another state in India. Abrogation of Article 370 was long overdue. As the tumult of the time necessitated, he frequently resorted to numerous seemingly-undemocratic measures, including suspension of the Habeas Corpus, undertaking actions that supplanted decision-making by the Congress, locking horns with and vetoing of the Supreme Court of the United States and rebutting the southern states repeated claims on their constitutional rights to secede. Is Beijings grip on Malaysia and the region inevitable? Article 370 itself mandates a recommendation of State Constituent Assembly dispersed after framing Constitution of the State of Jammu and Kashmir, but did not make any such recommendation. T he abrogation of Article 370, a temporary provision of the Indian Constitution, relating to the state of Jammu & Kashmir, by the incumbent Modi Government in India has made it to the headlines of global media. Critics of Monday's move are linking it to the economic slowdown that India is currently facing - they say it provides a much-needed diversion for the government. Specifically, Right to Information Act, Right to Employment, Every Federal Government initiative and policy regarding the expenses can come under Comptroller and Auditor General and monitor the expenses. Yes, Article 370 (3) permits deletion by a Presidential Order. So irrespective of critical comments of many from legal fraternity in India, it looks like the government will not have a very tough legal battle ahead. This article earlier granted a special status to Kashmir, due to which Kashmir was able to maintain a constitution of its own, separate from the Indian constitution. They were not even allowed to even avail Bank loans. In spite of repeated portrayal of Modi as a leader of Hindu nationalist party, in domestic and global media and by Pakistani PM Khan and his ministers, the entire Arab world has maintained a studied silence on the Article 370 issue whereas UAE has explicitly described it as an internal affair of India. The UNSC has snubbed Pakistan by even refusing to talk about the informal meeting and by not maintaining any minutes or repertoire or talking to media, about it, irrespective of repeated efforts of China. The Chinese are very deft in securing territories, with stealth and threat, without firing a single bullet and that is clearly evident in their actions in Tibet (1955), against India (1962) and in the South China Sea against countries like Vietnam, Philippines, Taiwan, Thailand, Indonesia and Malaysia. He said that women and other groups have got rights. At that time, two-thirds of the Kashmir territories were under Indian control while rest, one-third was under the control of Pakistan. A virtually bankrupt economy with PM Khan, rushing from Saudi Arabia, UAE to China and IMF in search of loans and bailouts, rising inflation and declining confidence of common people in the government, Kashmir is turning out to be a good diversion for the government. Again, Article 35-A which was not ratified by Parliament and temporarily attached to Article 370 in 1954 violates the very basic rights of Gender Equality of Indian Constitution. The government is also moving to break up the state into two smaller, federally administered territories. Not limited to this, about 7 regional medical colleges were allotted in J&K and Ladakh and as well modernizing the medical facilities in Government hospitals in J & K. As per the Prime Ministers directive premier colleges like IIT and IIMs are set up in Jammu and Kashmir and the construction is underway to promote higher education and right to education for men and women. Article 371 does not create a state within a state, often at cross-roads with it, endangering national security, promoting discrimination, inequality and sectarian strife, going against basic tenets of Indian democracy as Article 370 did. Interestingly, J&K residents can insult Indian Constitution, Preamble, National flag and even burn it. Shehla Rashid's petition in the Supreme Court argued that if Article 370 (1) (d) is read with Article 368, the State of Jammu and Kashmir is allowed to decide if the amendments made by the Constitution of India will apply to it or not. The power to abrogate Article 370, which was originally vested in the 'Constituent Assembly of J&K' was effectively transferred to 'Parliament', via Constitution Order 272. Any opposition to annulment of this retrograde provision, inherently antithetical to democracy and the uniform rule of law, therefore is scarcely understood but for political expediency. India's BJP-led government is hailing its decision to strip the state of Jammu and Kashmir of autonomy after seven decades, characterising it as the correction of a "historical blunder". He said that the . Even after generations passed, these people were treated as second grade citizens. While assuring support on the Afghanistan issue, it will continue to link it to Kashmir and demand direct or indirect mediation. And not to forget, China will have to accept India as a more than aregional, developing country and sort out the border dispute on a truly mutually acceptable fair terms. Pakistan, if it continues to behave like it is doing today, could well turn out to be a big example of a failed, radical Islamic state torn by divisive, terror-driven policies and being managed by some UNSC mandated international peace keeping force in not so distant future. The article allowed the state a certain amount of autonomy - its own constitution, a separate flag and freedom to make laws. The area was once a princely state called Jammu and Kashmir, but it joined India in 1947 soon after the sub-continent was divided up at the end of British rule. Another less-talked part of Kashmir remains, under what India calls illegal occupation of China which occupied Aksai Chin (approximately 37,555 sq km), during the short border skirmish with India in 1962 and Shaksgam Tract, ceded by Pakistan to it in 1963. At no point of time, Pakistan removed its forces from Kashmir and on the contrary, carved Gilgit and Baltistan, part of the Kashmir under its occupation into Northern Territories. It helped it in portraying India to the status of a regional player, a rival of Pakistan while showing herself as an emerging superpower, rival to the only existing superpower, the USA. Although Maharaja Hari Singh signed the instrumentation of accede into India in 1947, the integration of Kashmir didnt happen until Aug 5th 2019. With respect to the former state's strategic position, the abrogation of Article 370 was the right move, if achieving normalcy in the region is the . But, it is not going to be an easy job. The big examples have been calling bluff to so-called nuclear blackmail by Pakistan, by conducting the surgical strike (2016) and Balakot airstrikes (2018) on terrorist camps inside Pakistan-administered Kashmir. Why did 2018 see more violence in Indian-administered Kashmir? And so would have Jawaharlal Nehru! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); A.M.Hocarts Caste: A comparative study, The Real Cost of Leather: Chamars, Cow, and Colonialism, The Story of Islamic Imperialism in India Part 1. One constitutional expert, Subhash Kashyap, told news agency ANI that the order was "constitutionally sound" and that "no legal and constitutional fault can be found in it". "I want to tell the people of Jammu and Kashmir what damage Articles 370 and 35A did to the state," Mr Shah told parliament. The narrative of Sikhs coming to the aid of Hindus needs to be re-examined. Aug 5th, the day when entire India resonates for two main reasons, One being abrogation of article 370 of Indian Constitution for Kashmir and the other is reviving the lost identity of Hindu Temple Your email address will not be published. Kashmiris as well as. On the 5th of August 2019, Article 370 and 35A was revoked leading to the various changes in the country. Article 370 Essay: One of the highly controversial topics in the country from last year was the abrogation of article 370. Rajesh Kumar Sinha is a Librarian, South Eastern Railway, India. A region located in the northern part of the Indian subcontinent administered by India from 1954 to 31 October 2019, giving it the power to have a separate constitution, a state flag, and autonomy over the state's internal administration. He stressed the need to evolve a political consensus on Kashmir policy and suggested downgrading of Pak-India bilateral relations to the Charge de Affairs level. Even though the former CIC who served as a bureaucrat in the Valley when the separatist movement was at its peak accepted Article 370 was an "irritant" as it denied benefits to J&K residents that were granted to other state residents, he said that the abrogation should have followed a consultative process with the people. On the other side, by portraying its anti-India stand, it will continue to hold its sway in Pakistan who undoubtedly have been demoralised by absence of any support from Arab World, the US and others. Later, when the J&K Constituent Assembly created the state's constitution and dissolved itself without recommending the abrogation of Article 370, the article was deemed to have become a permanent feature of the Indian Constitution. The abrogation of Article 370 was followed by a wave of protests and stone-pelting in the valley, compelling the government to cut down all means of communication. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Thus, Every law that Parliament makes is automatically implied to J&K. This is one part of the story that has not been properly attended to by the world media. Second, he has some wonderful personal rapport with most of the world leaders who are unlikely to take an explicit stand against him. However, if the situation is handled effectively, both inside the state as well as on the Pakistani infiltration front, as the first fortnight has shown, very soon the Indian state of Jammu & Kashmir may witness fresh elections for a new legislative assembly and usher in an era of peace, progress and prosperity. From the Indian perspective, the Modi government, with a comfortable legislative majority, is not known to buckle down under pressure. Introduction. The government, while justifying its move, said that Article 370 was the "root cause" of terror in the Valley and hindered the economic and social development of the region. And finally, with China-Pakistan Economic Corridor (CPEC) being fast tracked in Kashmir under Pakistans control, questions are certain to be raised if the wishes of people in that part of Kashmir have been taken before allowing China to exploit their natural and human resources. The abrogation of article 370 of the constitution that would terminate Kashmir's special status compared to other states in its 1st schedule of our constitution. Much to the chagrin of the Indian government, it has even been discussed informally by the UNSC at New York, at the prodding of China. The Kashmir Valley was placed under a virtual lockdown with all communication lines cut and political leaders placed under house arrest. Apart from this, the Federal Government has a much higher vision in making J&K as a Tourist hub which is pivotal for its wealth generation. The US has its priority on withdrawal of its troops from Afghanistan. Despite the fact that J&K has 1% population of the entire India, Indian budget allocated over 10% of the budget funds to just J&K until 2019. Foreign Policy News is a self-financed initiative providing a venue and forum for political analysts and experts to disseminate analysis of major political and business-related events in the world, shed light on particulars of U.S. foreign policy from the perspective of foreign media and present alternative overview on current events affecting the international relations. They were denied every benefit of the State, right to education, right to buy property, right to vote, right to employment in the same state they were born. Arguments stating that it was a temporary provision and was subsequently required to be done away with in a few years, favored its abrogation. The abrogation has enabled the bifurcation. There are 4 main reasons for Pakistan's anxiety. In SBI vs. Santosh Gupta (2016), the Supreme Court held that because India's Constitution is superior to J&K's, Parliament had legislative authority to enact the provisions. The Congress could not have taken steps such as construction of the Ram temple, the surgical strike or the abrogation of Article 370 because it does not care for the country's security or the . Article 370 is exclusively provided to Jammu & Kashmir. Ambassador Abdul Basit said that as Pakistan's High Commissioner to India he had forewarned in 2014 about the likely abrogation of Article 370 by the BJP government. had a separate Flag and separate constitution with a constituent Assembly valid for 6 years while the rest of Indian states has 5 year validity. The 'abrogation' of Article 370 is difficult to digest for many in India, too. Even, the Indian Penal Code was not applied in J&K as it had its own Penal code called Ranbir Penal Code. The children from such parents are not entitled to the Permanent Resident Certificate (PRC) of J&K, consequently the benefits thereupon, such as the right to acquire immovable property and a government job also ceases. Since such an Assembly was dissolved on January 26, 1957, one view is it cannot be deleted anymore. What probably compelled the Chinese to make a hue and cry on the issue, taking it to the UNSC, even on an informal basis, was Indian Home Minister Amit Shahs assertion in Indian Parliament that when India talks of the whole of Kashmir being an integral part of the country, that includes the Aksai Chin, too, currently under Chinese control. Santosh Gupta, the court held that the J&K is a quasi-federal structure of the Indian Constitution. The abrogation of Article 370, a temporary provision of the Indian Constitution, relating to the state of Jammu & Kashmir, by the incumbent Modi Government in India has made it to the headlines of global media. Also, going by the way, Indian government is working on various welfare projects in other parts of the country, a fair number of Kashmirisare hopeful of better socio-economic conditions in near future. Prime Minister Narendra Modi and the Hindu nationalist Bharatiya Janata Party had long opposed Article 370 and revoking it was in the party's 2019 election. At the time of Indian independence from the British rule in 1947, almost 600 princely states were part of India. It is not in a position to pressurise India to change its track on Kashmir nor can mediate, directly, given the need for Indian support against China in the Indo-Pacific region and elsewhere. The compliance of these conditions was to be followed by a plebiscite. This presents a conundrum to the opponents of the move- first in pressing for interpretation while looking at the constitution of J&K in linking it to Article 370, and then in opposing interpretation while pressing for letter of the law of the Indian constitution in an attempt to de-link it from its right to remove it. The move also fits in with Mr Modi's desire to show that the BJP is tough on Kashmir, and Pakistan. The abrogation of 370 thus rectifies an egregious trespass on the basic tenets of India's democracy, constitution and national integrity. The law should be the same for everyone. The War in Ukraine: Understanding and resisting the global elites deeper agenda, Kingdom of Norway and Saudi Arabia bilateral diplomatic relations, EU Today Russian Prisoners of War: Angola, Afghanistan, Ukraine - IEyeNews, CPEC: A Game Changer for Pakistans Energy Sector | Paradigm Shift, US Congress and the Armed Conflict in Ethiopia Counterpunch Eritrean Express News, US Congress and the Armed Conflict in Ethiopia CounterPunch 04:42, Congress Risks Prolonging the Ethiopian Civil War The American Conservative 00:10. Pakistan which should have retaliated either directly or indirectly after the Surgical Strike and Air Strike, failed to do so. Aware of the Modi regimes decisiveness and popularity, the Chinese seem more perturbed by the openquestioning of Aksai Chins status by India rather than keeping their all weather ally Pakistan, in good humour. The other is Buddhist-majority Ladakh, which is culturally and historically close to Tibet. Kashmir is a Himalayan region that both India and Pakistan say is fully theirs. J&Ks Special Status that came with Article 370 of Indian Constitution also attached with Article 35-A that gives special authority for J&K to define Permanent Citizens and provide special rights and privileges. Article 370 abrogation: The petitions stated that the Centre has constituted a delimitation commission to mark boundaries in the territory for all the constituencies before an assembly election . Khans ramping up of rhetoric against India and Modi, in particular, could well give him some time and popular support as is evident in its media and other places. And it is the reason that usually reluctant Chinese have been cosier to India in recent months. UK apart, one from its continued colonial hangover where some of its leaders feel that they have a role in sorting out Kashmir issue and the current state of turmoil in British polity, may induce it to make some remarks which are unlikely to be given much significance by the Indian establishment. This website is using a security service to protect itself from online attacks. But the other view is that it can be done, but only with the concurrence of the State. To him, the nations destiny could not be held hostage to the semantics of legal language or the obstinacy of technicalities- nor could the interpretation of the constitution be allowed to saunter beyond the realm of rationality and confront the very existence and preservation of the union. "You may think you have scored a victory, but you are wrong and history will prove you to be wrong. Learn on the go with our new app. Opposition political parties could launch a legal challenge but Kashmir is an emotive issue with many Indians, and most parties would be wary of opposing the move lest they be branded anti-India. Love podcasts or audiobooks? Article 370 was worked out in late 1947 between Sheikh Abdullah, who had by then been appointed Prime Minister of J&K by the Maharaja and Nehru, who kept the Kashmir portfolio with himself and kept Sardar Patel, the home minister, away from his legitimate function. Many Federal Government policies were automatically implied to J&K residents and to be specific about 1.5 Million J&K residents were insured under Federal Governments Health Insurance Scheme ( AyushMan Bharat) and about 78,00 people got treated using this Health insurance scheme so far since Aug 2019. But the way it was done is against the democratic principles because the public or the state leaders are not consulted before passing this bill. Thus, the abrogation of article 370 also abrogates the article 35-A and Gender Equality is much preserved as per the Article 14 of Indian Constitution. First, Modi is a hugely popular leader in India and has led his party to back-to-back electoral victories, unheard of in Indian politics in the last four decades. Many Kashmiris believe that the BJP ultimately wants to change the demographic character of the Muslim-majority region by allowing non-Kashmiris to buy land there. The government says this will bring development to the region. There have been protests both for and against the decision, India has had a fraught relationship with Kashmir for decades, Hindu rightwing groups have welcomed the move, Former chief minister says India has betrayed Kashmir, Why a special law on Kashmir is controversial, Kashmir: Why India and Pakistan fight over it, The funerals driving Indian Kashmir youth to militancy, Ukraine strikes Wagner HQ in Luhansk, governor says, Search under way after people pulled from icy lake, Roads blocked as violence continues in Kosovo, Nasa's Orion capsule makes safe return to Earth, Bodies of 27 people dumped by roadside in Zambia, Four charged in EU Parliament corruption case. One positive fallout of Article 370 abrogation is that the people of Kashmir have realised three very important things. China that made a part of Kashmir under its occupation, a part of its Xinjiang Uyghur Autonomous Region province, till recently enjoyed the dispute between the two south Asian neighbours. Lastly, Indian government seems to have done its homework well. The historic decision set off a major political as well as social makeover of the region, which had enjoyed special rights since Independence. Advertisement Prabhash K Dutta By virtue of this resolution, it was to be stripped of this special status. The . Aug 5th, the day when entire India resonates for two main reasons, One being abrogation of article 370 of Indian Constitution for Kashmir and the other is reviving the lost identity of Hindu Temple in Ayodhya after winning the court proceedings last year. The great Abraham Lincoln, whose immortal lines from his famous Gettysburg address in 1863, of government of the people, by the people and for the people have attained meaning in popular imagination of being the very definition of democracy, would have supported the Narendra Modi governments move to abrogate Article 370 in philosophy- had he been alive. Also, now no special powers or perks are given to the citizens of J&K and they are treated like any other citizen of India. Thus, they cannot buy any immovable property, not eligible for employment by the state government, cannot contest or vote in local body or Assembly elections, cannot avail of scholarships and other grants offered by the state government to its permanent residents and, above all, cannot seek redress in any Local or High court or Supreme Court of India.This is a direct violation of Article 14 of Indian constitution that guarantees the Equality of Citizens. That could leave any challenge up to individuals or activists. As per the terms of ceasefire agreement adopted by the UNO on 5thJanuary, 1949 Pakistan was required to withdraw its forces, regular army and irregular forces while India was to maintain a minimum number of forces to preserve law and order. The precarious state of the Pakistan economy is another factor that needs attention. As a result private investment in developmental works was severely constrained No large industries developed in the state No major investment in Education, Health or Tourism Employment opportunities especially for youth remained restricted Thereafter, the Article itself, inserted via a presidential proclamation post the merger of the state to the Indian union, not via a constitutional amendment, was removed via the same procedure- and later ratified by parliament too. J&K Constituent Assembly was mandated to decide the fate of Article 370 but before its dissolution, it didn't make any recommendation for repealing or modification of Article 370. If those Orders were to be treated as valid and legal, the use of Article 370 (3) by Central Government now, seems perfectly in order. The union territory of Ladakh too, will join in the other parts of India as a terror-free tourism hot spot for global tourists. Please consider supporting us by disabling your ad blocker, The abrogation of Article 370 and its implications, Americas election systems are more than just machines theyre people, who are overworked, underpaid and feeling pressured, In Bulgaria, the battle for the fundamentals of democracy is still raging, The implications of the 1% stock buyback excise tax, Avoiding a war without a winner: How we could ease the deadly US-China dispute. Soon after Indias Independence in 1947, many Valmiki and Gurkha communities moved to Jammu and Kashmir from Punjab on persuasion by Sheik Abdullah to work as scavenging workers. The passage of the Article 370 requires the Indian Parliament to take the approval of the Jammu & Kashmir government for the application of the laws passed by the Indian parliament in the state. Kashmir, a Muslim-majority state was ruled by Hari Singh, a Hindu ruler who initially decided to maintain a sovereign kingdom of Kashmir. In the first few days of August, there were signs of something afoot in Kashmir. Last year, a report by a Beijing think tank believed to have close ties with Chinese intelligence had linked the June 2020 clash between China and India in Ladakh to the abrogation of. The State was now to be bifurcated into two union territories under the Jammu and Kashmir . It was that 'wrong' that . Article 370 was included in the Indian Constitution as a temporary provision for J&K. Articles 370 (1) (c) and 370 (1) (d) (which are relevant) deal with the applicability of the Indian Constitution to J&K. Article 370 (1) (c) states that Article 1 and Article 370 of the Constitution shall apply to J&K. Article 370 (1) (d) states that other . Think you have scored a victory, but you are wrong and history will prove you to be followed a... Its own Penal Code called Ranbir Penal Code called Ranbir Penal Code was not applied J... 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