370, the past, and the decline

Jammu & Kashmir, 31 March 2024: Today through this article we will know about the story of the beginning and end of Dhara 370.

To know and understand the history of Section 370, let us go towards Jammu and Kashmir through this article. Let us tell you that Jammu and Kashmir is a part of the wider region of Kashmir and is located in the northern part of the Indian subcontinent. It has been a subject of conflict between India, Pakistan and China since 1947, so it was given a special status under Article 370 of the Indian Constitution.Article 370 gave Jammu and Kashmir the right to have a separate constitution, a state flag and internal administrative autonomy while it was governed by India as a state from 1952 to 31 October 2019.

Article 370 of the Indian Constitution: Special status of the state of Jammu and Kashmir

The special status of the State of Jammu and Kashmir in terms of autonomy and its capacity to make laws for the permanent citizens of the state is acknowledged by Article 370.
Permanent residents also received unique benefits from the state in areas including housing, real estate, education and employment in government but these benefits were not available to others.
According to some Kashmiri officials, Article 35A of the Indian Constitution forbids challenging any state law merely on the ground that it violates the rights guaranteed to all Indian residents by the national constitution.
The fundamental rights of the Indian Constitution were applied, inter alia, to Kashmir in a Presidential Order of 1954, with some reservations.
These were further changed by the state legislature, which also inserted “preventive detention laws” that protected those from human rights complaints for 25 years.
Cottrell stressed that the autonomy and unique status granted to the state of Jammu and Kashmir allows for “very weak standards of human rights” there.

Article 370 of the Indian Constitution: Instrument of Accession

Let us tell you that at that time Maharaja Hari Singh of Kashmir had signed the Instrument of Accession in October 1947 in which three areas were listed in which Jammu and Kashmir would hand over its authority to the Government of India, and these three areas were….
1.Foreign Affairs

2. Defense
   3.Communication

Maharaja Hari Singh named Sheikh Abdullah as Prime Minister of the provisional administration of the state in March 1948. Sheikh Abdullah and three other associates entered the Indian Constituent Assembly in July 1949 and worked to negotiate the unique status of Jammu and Kashmir, resulting in the approval of Article 370. Sheikh Abdullah was the one who drafted the controversial clause.

Article 370 of the Indian Constitution

1.If we talk about Article 370, it requires the consent of the Jammu and Kashmir government before the Parliament can make laws in the area, except in circumstances related to defence, foreign affairs, finance and communications.

2. Residents of Jammu and Kashmir are subject to distinct citizenship, property and fundamental rights laws compared to the rest of India. Article 370 prevents residents of other states from purchasing immovable property in Jammu and Kashmir. The Center is not authorized by Article 370 to declare state financial emergency.
3. The important thing to note here is that Article 370 (1) (c) specifically says that Kashmir is subject to the application of Article 1 of the Indian Constitution to Article 370. The states of the Union are listed in Article 1. This indicates that the state of Jammu and Kashmir is bound to the Indian Union by Article 370. Unless new overriding laws are made, the removal of Article 370, which can be done by presidential order, will make the state independent from India.
4. Both India and Pakistan claim full sovereignty over the Himalayan region of Kashmir.
   The region became part of India in 1947, first known as Jammu and Kashmir, after the end of British administration.
   The ceasefire line was agreed upon after the war broke out between India and Pakistan and they took control of different parts of the area.
   5.The state of Jammu and Kashmir, which is controlled by India, has experienced 30 years of violence as a result of a separatist insurgency against Indian rule.

Article 370 of the Indian Constitution History

1. Let us tell you that the Government of India issued a Presidential Order on August 5, 2019, which changed the 1954 order and made Jammu and Kashmir subject to all the articles of the Indian Constitution.
2. The resolution, which received a two-thirds majority in both houses of the Indian Parliament, served as the foundation for the order. All sections of Article 370 except clause 1 were inactivated by an order on 6 August.
3. Additionally, Parliament approved the Jammu and Kashmir Reorganization Act, 2019, which established the bifurcation of the state of Jammu and Kashmir into the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh. The restructuring took place on October 31, 2019.
4. The Supreme Court of India received a total of 23 petitions challenging the Central Government’s intention to abrogate Article 370 of the Constitution, resulting in the formation of a five-judge bench.

Article 370 of the Indian Constitution was removed

Part XXI of the Indian Constitution, titled “Temporary, Transitional and Special Provisions”, is where Article 370 was drafted. According to the document, the Jammu and Kashmir Constituent Assembly was considered to have the right to recommend what part of the Indian Constitution should apply to the state And the State Assembly can also abrogate Article 370 completely, and if any such situation arises then in this situation the State will be subject to the entire Indian Constitution.
After convening the State Constituent Assembly, it made recommendations regarding the provisions of the Indian Constitution that should apply to the state, on the basis of which a Presidential Order was issued in 1954. Since the State Constituent Assembly had dissolved itself without recommending the abrogation of Article 370, it was considered that this provision was now permanently incorporated into the Indian Constitution.

History became Article 370.

Ultimately, during the tenure of Modi government, Section 370 was abolished and after 4 years, 4 months, 6 days, the ‘Supreme’ approved the decision of Modi government and Section 370 remained history.

Important points about the Supreme Court’s decision regarding Section 370

1. The Supreme Court said that the President has the right to remove Article 370 and the decision to remove Article 370 was constitutionally correct.
2. The Supreme Court said that all the provisions of the Constitution apply to Jammu and Kashmir. This decision was for the integration of Jammu and Kashmir.
3. The Supreme Court said that there was no malice of any kind in removing Article 370.
4. The Supreme Court said that steps should be taken for early elections in Jammu and Kashmir and elections should be held in Jammu and Kashmir by 30 September 2024.
5. The Supreme Court said that statehood should be restored in Jammu and Kashmir soon.
6. The Supreme Court said that Article 370 was a temporary provision. Jammu Kashmir is an integral part of India. Jammu and Kashmir had no internal sovereignty.
7. The Supreme Court said that the decision to separate Ladakh was valid.