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.
Article 370
- Article 370 of the Indian constitution granted special status to Jammu and Kashmir.
- It was drafted by N Gopalaswami Ayyangar, a member of the Constituent Assembly of India and was added as a ‘temporary provision’ in 1949.
- This article allowed Jammu and Kashmir to have its constitution, flag, and autonomy over most matters except defence, foreign affairs, and communications.
- The provision was based on the terms of the Instrument of Accession, which was signed by the ruler of Jammu and Kashmir, Hari Singh, in 1947 following an invasion by Pakistan.
Repeal of Article 370
- Presidential Order: In the 2019 Presidential orders, Parliament redefined the “constituent assembly of Jammu and Kashmir” to mean the “Legislative Assembly of Jammu and Kashmir.”
- By invoking the President’s rule, Parliament then assumed the powers of the Legislative Assembly to revoke Article 370.
- Resolutions in Parliament: On 5th and 6th August 2019, concurrent resolutions were passed by both houses of Parliament, the Lok Sabha and the Rajya Sabha, respectively.
- These resolutions revoked the remaining provisions of Article 370 and replaced them with new provisions.
- Jammu and Kashmir Reorganisation Act, 2019: It was passed by Parliament in 2019 to bifurcate the state of Jammu and Kashmir into two Union Territories of Jammu and Kashmir and Ladakh.
Supreme Court Judgment on Article 370
- The Supreme Court in December 2023, unanimously ruled to uphold the Centre’s abrogation of Article 370, validating the two Presidential Orders which extended the applicability of the Indian Constitution to Jammu and Kashmir and rendered Article 370 inoperative.
Jammu and Kashmir Reorganisation Act, 2019
- It divided Jammu and Kashmir into 2 Union Territories of Jammu and Kashmir and Ladakh.
- It repealed Article 370, which had granted Jammu and Kashmir a unique status.
- Leh and Kargil districts were included in the Union Territory of Ladakh, while the remaining areas became part of Jammu and Kashmir.
- Five Lok Sabha seats were retained by Jammu and Kashmir, and one was transferred to Ladakh.
- Legislature: The seats in the Legislative Assembly will be reserved for tribal and scheduled caste people to keep the proportion intact of their population in the Union Territory of Jammu and Kashmir.
- The Lt. Governors can nominate two women members for the Assembly to represent women if women are not sufficiently represented to justify equality between men and women.
- The elected Legislative Assembly will be for 5 years, and the Lt. The Governor will summon the Assembly once every six months.
- The Legislative Assembly has the right to pass a law for any given part of the Union Territory of J&K related to any of the matters listed in the Indian Constitutions State’s List except for the “Police” and “Public Order.”
- Any matter specified in the Concurrent List will be applied to Indian Union Territories. Furthermore, Parliament will have the decision-making power to create laws for Jammu Kashmir and its Union Territory.
Supreme Court (SC) Judgement on Article 370
- A Constitution Bench had upheld the abrogation of Article 370, leading to the reorganisation of Jammu and Kashmir into two union territories and denuding it of its special privileges.
- The SC observed that Jammu and Kashmir did not possess sovereignty, as Article 370 and the J&K Constitution indicated no need for a merger agreement to surrender its sovereignty.
- The SC emphasised that Article 370 was intended as a temporary provision, as it was placed in Part XXI of the Constitution. The Instrument of Accession clarified that Article 1, stating “India that is Bharat shall be a Union of States,” fully applied to J&K.
- The SC agreed that the President can make irreversible changes, including dissolving the State Assembly, but these powers are subject to judicial and constitutional scrutiny.
- The Court held that the Constitution of J&K is inoperative because the Indian Constitution now fully applies to Jammu and Kashmir.
There a Need to Abrogate Article 370
- Integration and Development: The revocation of Article 370 enabled better access to resources, infrastructure development, and economic opportunities, aiding the region’s integration with the rest of India.
- National Security: Improved control and stricter security measures by the Indian government enhanced national security and counter-terrorism efforts in the region.
- Ending Discrimination: Equal rights and opportunities were ensured for women, Dalits, and other marginalised groups under Indian laws, promoting social justice.
- Legal Uniformity: The abrogation aimed to eliminate legal confusion and disparities by applying uniform laws across India, ensuring equal rights for all citizens.
- Demographic Changes: Encouraging outside investment was seen as a means to stabilise the region economically and socially, though concerns about demographic shifts and property rights were noted.
- Political Stability: The move aimed to foster a stable political environment, re-establish democratic processes, and improve local governance.