abrogation of article 370

in the state of J&K the people of the state would gain the benefit of having better educational opportunities and thus resulting in a well-educated and trained workforce. This move has been strongly criticized by China, and remains a thorny issue between the two countries. The question remains as to how the article itself can be used for the removal of itself. So at that time maharaja, Hari Singh who was a maharaja of this state to protect this state from the aggression of Pakistan asked help from the government of India. The Court laid down no limit whatever regards time or content. It was only in certain grave situations such as facing an attack by foreign or local militants has the Indian armed forces responded with a heavy hand. Due to external and internal circumstances, Article 370 was forced to place in the Indian Constitution. Women are now empowered with the freedom of expression but need to live in constant fear of arbitrary state action and being treated as second-class citizens. Total of Legislative Assembly seats in the State of Jammu and Kashmir were 111 (46 for Kashmir, 37 for Jammu, 4 for Ladakh and 24 for Pakistan Occupied Kashmir). Abrogation of Article 370: Implications and Policy Options for Pakistan, Talking to TTP-Challenge of Legitimization, Change in Afghanistan-Potential Resurgence of TTP, Afghanistan Conundrum: Regional Quest for Peace and Stability, Irans Foreign Policy Outlook under New Administration. Through the abrogation of article 370, people would be more willing to open their businesses and companies in the state as there would not be any hassle in the ownership of land, the employees could reside there freely and not face any issues with residence and ownership of houses and property. So on October 2019 government of India after a long debate removed Article 370 from the Constitution of India bypassing presidential order named as a Constitutional application to Jammu and Kashmir order 2019 and after passing this order the Article 370 was removed and Jammu and Kashmir state was given equal status like other states of India. All the States, therefore, have become equivalent to each other than regular Indian Provinces. Abrogation of Article 370 has opened J&K to investors and even FDIs. Jammu and Kashmir cannot become a precedent binding on all States for all times. The recent controversy regarding the abrogation of Article 370 of the Constitution which guarantees special status for Jammu and Kashmir has instigated a wide array of emotions among the citizens of the State and the rest of the country. The decision to remove Article 370 was appreciable and was a major decision taken in the history of Jammu and Kashmir. After passing of presidential order of 2019 article 35A became inoperative and with this separate Constitution of Jammu and Kashmir also became inoperative and was finished. The future of Kashmir now depends upon the resistance by Kashmiris. He worried that Indians can resort to any means to control Kashmir while U.S. economic pressure through FATF would constrain Pakistans options against India. Hussain, Syed Rifaat. What followed was a 5-day lockdown in the State of Jammu and Kashmir. Not only in India, but around the world, Article 35 A and Article 370 of the Indian Constitution continue to be contentious. Scrapping of Article 370 of Indian Constitution: A Historical Mistake? The problem between India and Pakistan has existed since the split between the two. The Government of India has an opportunity to ensure peace and development in areas affected by terrorism and extremism. The paper stresses on the societal implications of the abrogation and how the everyday lives of Kashmiris would be affected by it. The States which remained undecided were J&K, Hyderabad and Junagadh. Thus it seems imperative that the governments move be countered. Poland, like the European Union, is in favor of dialogue between India and China. NC has no right to claim "feeling sad" over abrogation of Article 370 Sajad Gani Lone This move is also said to be a means to curb terrorism. It is a relationship where a Kashmiri politician and Kashmiris are the subjects and New Delhi is the ruler. The Legal Hurdles the Government Could Face: Protection of Human Rights in India: Women, Children and Prisoners. International Human Rights Organizations may also try to intervene here, due to the excesses committed in the process of bringing about such a resolution. In desperation, the Hindu Maharaja accepted accession to India in return for military aid on the condition that the accession would be settled with the consensus of the residents (Ganguly-1994). Despite this, the state has developed its own identity as a special state. The post J-K moving towards peace after Article 370 abrogation, as terrorism declines in Valley appeared first on HW News English. https://www.thenewhumanitarian.org/photo feature/2020/07/14/Kashmir-military-conflict-violence-women. "Scrapping of Article 370, a temporary provision in the Constitution, has proven to be a major step towards restoring peace and normalcy in the erstwhile princely In August 1947, India gained independence from the British and Pakistan was created as a Muslim majority country. consistently with prolonged shutdowns (Source- The Wires Report 2020). This seems to be a very unwelcome welcome that the populace of J&K will be receiving. Other challenges like Pakistan-sponsored terrorism, extremism, proxy war and internet ban in the state also persist. The Gandhian path of non-violence and peace must be adopted to ensure lasting harmony in Kashmir. Privacy Policy|Terms & Conditions|Copyright Policy|Subscribe Newsletter|Contact Us|Join Us|. Altaf Hussain Wani shared the sentiments and concerns of the Kashmiri people on this development and said that Kashmiri people will continue their freedom struggle against the Indian occupation but expect Pakistan to increase its support for the cause. The state now has seen internet shutdown for over a year and isolation from the outside world with no means of communication. The repercussions at the international front were multifold. The report stated that the terror incidents in J-K were 417 in 2018 which The post appeared first on . Despite all these efforts there continues to be a situation of political vacuum in J&K as its Kashmirs main political leaders who played an important role in winning back those alienated remain to be under detention. Majority of the States population will be in the union territory of Jammu and Kashmir which basically comprises the Kashmir valley a Muslim majority and Jammu with a Hindu majority and the newly created union territory Ladakh, filled with an almost equal population of both Buddhists and Muslims. One must not assume and infer that the Centre might now use these similar provisions in other States. There were various loopholes in the passage of this bill. JAMMU, Dec 11: The security situation in Jammu and Kashmir has improved post-abrogation of Article 370 from the then state in August 2019, as the number of terrorism-related incidents and terrorists has significantly reduced, according to a report. As the Honble Prime Minister had stated, with the opening of top educational institutions such as IIT, AIIMs, IIM etc. But since the abrogation of Article 370, the newly carved-out Union Territory of Jammu and Kashmir, is fast emerging as an industrial hub. [vi]Constitution of India. It has been exactly three years since the historic decision of the abrogation of Article 370 was promulgated, and a lot has changed in Jammu and Kashmir, especially when it comes to the state of women. However, August 2019 broke through this identity and Jammu Kashmir transited to a Union Territory within India. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); (vitag.Init = window.vitag.Init || []).push(function(){viAPItag.display("vi_1872479435")}), 2022 Law Corner (Unit of Capito Legal LLP) | All Rights Reserved. Since the imposition of section 144 and the enhanced security measures the valley has remained relatively peaceful, the restrictions hence were a well-planned and enforced lockdown. Yes! The maharaja realized that he needs help from India thus making him reach out to Prime Minister Jawaharlal Nehru and Patel who agreed to send troops under a condition that the Maharaja should sign an Instrument of Accession (IOA)[6] favoring India, which would basically hand over control of Defense, Communication and Foreign Affairs of Kashmir to India. The opening up of the valley coupled with the anticipated influx of Hindu populace stirs up fear of being repressed and subjugated in the minds of the Muslim majority population. As no culture can survive without contact from outside and opportunity to cross-fertilize. Also Read: Actor Nawazuddin Siddiqui Names His Favorite Politician. Our Constitution, being federal in nature, this move to convert a State into a Union territory is not of a federal nature. Similarly, now the State of Jammu and Kashmir would have just one National Flag, i.e. By making provision for amendment, they never intended to bestow operation of the Constitution with absolute rigidity, but provided facility for flexibility to keep pace with everchanging needs of society and to serve justice. Amendment of Article 370, upto present, was a myth; but it is clear that, it can be dealt with using logistic approach and can be diplomatically modified to reality. Yes, it should be repealed. Article 370 has done more harm than good to both Kashmiris and Indians. It has kept Kashmir isolated with no progress. Kashmiris themselves (I am referring to the people from the Kashmir Valley) have no ambition to prosper. The abrogation of Article 370 and 35A is a progressive step and was necessary for the growth and advancement of the region as well as for the whole country. Copyright 2022 The Law Brigade Group Journal Division of Libertatem Media Private Limited Company Identification Number: U22190GJ2021PTC122007, There was the separate Constitution of Jammu and Kashmir state, The Constitution of India will apply to Jammu and Kashmir state like other states, Now there will be a system of single citizenship, Now there will be reservation for minorities, Earlier if women of Jammu and Kashmir marries to the man who is not resident of Jammu and Kashmir then she has to lose his share of the property, Now will not have to lose the property if she marries the man who is not resident of Jammu and Kashmir. Policy Analyst Syed Muhammad Ali said that Pakistans future Kashmir policy must holistically address the concerns of the Kashmiris and Pakistans security interests, besides commanding credibility in New Delhi and enjoying acceptability in the international community. Kashmir did become a legal part of India but the territorial differences between Pakistan and India ripped apart Kashmiri citizens and their sense of belongingness. This was followed by the commencement of the Quit Kashmir movement[4], a moment against the Maharaja. It analyses abrogation of article 370 and Kashmiris identity assertion in the context of demand for autonomy, self-rule, shared rule, and sense of belongingness in the Northeast. The central government imposed the Armed Forces Special Powers Act which provided the armed forces with unprecedented power to fight against the armed militancy taking place. Antonio Gutters, UN Secretary General reminds India of their 1972 Shimla Agreement, and that bilateral negotiations should be conducted. According to Article 370, the state Jammu and Kashmir have their separate Constitution drafted by its constituent assembly, and this state is governed under this Constitution. Sardar Vallabhbhai Patel, Indian Home Minister worked to convince these States to join India and in the meanwhile Maharaja Hari Singh signed a standstill agreement with Pakistan[5] which effectively opted for a status quo. The major problem in front of India is terrorism. Sharma, Bodh Raj. Jammu & Kashmir became a hotbed of unrest as a result of this unequal distribution. Under the cover of these acts, military personnel commit heinous crimes under blanket impunity. To conclude, the need of this hour is to devise a logistic interpretation of Article, keeping in mind the real intention of framers behind it. Download ABROGATION OF ARTICLE 370-A CRITICAL ANALYSIS. The stoppage of the clamp down on the media or the state of emergency situation within the state, and the release of the leaders from their house arrest would make the people of the state feel more respected and inclusive and thus would wish to aid the process rather than be averse to the same. Jammu & Kashmir has been seething with turmoil since August 2019 due to the abrogation of Article 370. WebArticle-370, as we all know, accords Special Status to the State of Jammu and Kashmir. Countries like Bahrain throughout time have arrested Pakistanis for creating ruckus. They were speaking at a roundtable discussion at Islamabad Policy Institute (IPI) on the Abrogation of Article 370: Implications and Policy Options for Pakistan. Indias External Affairs Minister S Jaishankar has reassured and re-affirmed the same. Some of them are positive, rest are negative. The power of parliament to make laws for the state of Jammu and Kashmir is limited to, Those matters which are in the union list and in the concurrent list which in consultation with the government of the state and are declared by the president of India correspond to matters specified in the Instrument of Accession-, Such other matters in the state list as with the concurrence of the state and as the president order may specify, It has been held that the president has the power to vary, amend or modify a Constitutional provision in any way he deems necessary while applying it to state. In many ways, this order on Article 370 was critiqued to be unconstitutional. It is also under question whether this would violate the basic structure of the Constitution as per the Keshavananda Bharti case. If you found any of such content on this website, please report us atinfo@lawcorner.in. Now, every resident of the State of Jammu and Kashmir would enjoy just single citizenship as like in all other States. He further stated that he would give J&K full statehood upon the improvement of the situation thus, indicating that the temporary nature of the States status as a Union territory. SEBI Repealed: Securities and Exchange Board of India (Central Database of Market Participants) Regulations, 2003: Hurried Seizure and Auction by The Bank on Assumptions and Surmises Amounts to Unfair Trade Practice: NCDRC. The political attitude and administration have always tried to curb the proactive participation of women in society. Similarly, the tenure of the Assembly is reduced to 5 years from earlier 6 years. In an address to the nation on 8th of August 2019, the Prime Minister addressed the Kashmiris and promised to implement more schemes and jobs. Subsequently, the government acquired access to track all kinds of digital transactions to keep an eye on money laundering and terrorist funding creating an atmosphere of suspicion and mistrust among the populace. Later in March 1948, an interim government was appointed in J&K by the Maharaja. The implementation of the Unlawful Activities Prevention Act in J&K after the abrogation has led to further detention of 255 non-violent protestors (Duschinski, Bhan-2017). Pakistans bid for debate in the UNSC has also been rendered unsuccessful. The end of sovereignty When someone tells you who they are, listen. Also, the chaos can be caused as emotions of people got hurt due to the curfew was imposed for the security of the Valley. Pro-Pakistan Kashmiri activists foresee the abrogation as a ploy of the Indian government to further tighten the noose over Kashmir and disruptive violence to be the new normal in the valley. In year 2020, August 5 has become the historical date after Ram Mandir Bhoomi Pujan in Ayodhya. While India in August 2019 was traversing the innovative arenas opened by internet services, Kashmir was thrust into an internet shutdown. PRELIMINARY ASSESSMENT: INDIAN LOK SABHA ELECTIONS 2019, Structural reforms needed for benefiting from CPECs next phase. The centre has doled out a carrot in the guise of increased women and lower-class representation in public spheres promising a pot of gold at the end of the rainbow. The populace has not been able to grasp the idea thoroughly with harsh measures being implemented to ensure peace and internal security. The citizens of Jammu and Kashmir are caught in a perpetual flux of violation of human rights, charges, arrests, and violent incidents. WebArticle 370 of the Indian constitution [a] gave special status to Jammu and Kashmir, a region located in the northern part of Indian subcontinent and part of the larger |VOLUME 2|ISSUE 2|JUNE 2020|ISSN (O): 2581-6705|, Law Audience Journal (ISSN (O): 2581-6705), PUBLICATION ETHICS AND PUBLICATION MALPRACTICE STATEMENT, ABROGATION OF ARTICLE 370-A CRITICAL ANALYSIS. With the abrogation of Article 370, all these provisions have become defunct and J&K has come under the control of the central governments orders. Clause (3) of this article also states that after a recommendation from the constituent assembly of this state the Article 370 can be removed. Another drawback was that it was almost impossible to send skilled labor to the state as they could not buy land to build their homes. Get latest articles and stories on India at LatestLY. On August 2019 president of India by superseding presidential order of 1954 and passed a presidential order of 2019 and after the execution of this order Government of India introduced two resolution in the upper house one Jammu and Kashmir reorganization bill and other a bill to remove Article 370 which was passed by a two-thirds majority in the upper house by this Article 370 was removed from Indian Constitution. Anti-India campaign on Kashmir and Article 370 will arise as per Pakistan. It is permanent, unless Constituent Assembly so recommends. The federal character of our country is now in question, as has been enshrined in the constitution. 2017. The Maharaja signed the Instrument of Accession and Indian troops intervene, continuing the armed conflict. On 5th August 2019, all these provisions ceased to be operative with the abrogation of Article 370 and a full-fledged inclusion of Jammu and Kashmir into India. Further, this article endorses the implementation of only two articles of the Indian Constitution in the state, subject to the clause that the President can at any time through a public notification declare Article 370 to be non-operative. Terrorism can be fought with inputs and employment of an effective military strategy and not by removing a historically derived special status. The heavily armed military has effectively enforced law and order but they have made Kashmiris feel alienated and second-class citizens in India. Pakistan, which took advantage of the temporary special status to J-K, created a notion that Kashmir is an unsettled agenda of partition and it needs to be settled. A bit of reading never hurts. http://file:///C:/Users/DELL/Downloads/Myth%20of%20Normalcy_Yale%20study%20(1).pdf. The clause is written in Part XXI: Yet the argument here remains, that India has assured that there will be no implication for either the External Boundaries of India or the Line of Actual Control with China. A total lockdown, with the disablement of communication, wouldve created a sense of enhanced fear, confusion and chaos, something that the people did not deserve to have been subjected to. The New Humanitarian. But this seems to be a modus operandi for the ruling party to denote that politicians in Kashmir are essentially corrupt, which is not necessarily the case. Post this the demand for a plebiscite was dropped and Sheikh Abdullah resumed being in power as the Chief Minister of J&K with the support of the Congress. Either side could radicalize people. So finally now we can conclude that the removal of Article 370 was justified and a necessary step. 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