Five years after abrogation of Article 370
August 5, 2024, commemorates five years since the revocation of Article 370. On August 5, 2019, Prime Minister Narendra Modi declared the abrogation of Article 370, effectively ending Jammu and Kashmir’s special status. Following this, Parliament, for the first time exercising its authority under Article 3 of the Constitution, withdrew statehood and established two Union Territories. The Supreme Court unanimously affirmed the Centre’s decision to abrogate Article 370 with a 5-0 ruling.
What was Article 370 of the Constitution?
Article 370: Introduced as a ‘temporary provision’ on October 17, 1949, Article 370 allowed Jammu and Kashmir to draft its own Constitution. It granted the Constituent Assembly of Jammu and Kashmir the authority to determine which articles of the Indian Constitution would apply to the state, limiting the Indian Parliament’s legislative powers in the region.
Article 35A: Derived from Article 370, Article 35A was introduced via a Presidential Order in 1954, based on the recommendations of the J&K Constituent Assembly. It granted the Jammu and Kashmir legislature the power to define the state’s permanent residents and their special rights and privileges.
How was Article 370 removed?
Presidential Proclamation: On August 5, 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019, exercising powers under Clause (1) of Article 370. This order effectively abrogated Article 370, making all Indian Parliament laws applicable to Jammu and Kashmir.
Reasons Behind the Abrogation of Article 370
Enhancing National Unity
- Article 370’s provision for a separate constitution, flag, and powers created a distinct identity for Jammu and Kashmir.
- This separation contributed to separatist movements and misled the youth.
- The abrogation aimed to strengthen national unity by integrating the region more fully with the rest of India.
Strengthening Counter-Terrorism Efforts
- The region faced significant losses due to cross-border terrorism, with around 42,000 casualties.
- Article 370’s special status was perceived as a hindrance to effective counter-terrorism operations.
- Abrogation was viewed as necessary to implement stricter anti-terror laws like UAPA (Unlawful Activities (Prevention) Act).
Combating Corruption and Financial Mismanagement
- The state had a weak anti-corruption framework, leading to widespread corruption, money laundering, and hawala transactions.
- The special status under Article 370 restricted anti-corruption agencies from operating in the state.
- The abrogation was seen as a means to enhance anti-graft measures by applying laws such as PMLA (Prevention of Money Laundering Act) and FEMA (Foreign Exchange Management Act).
Facilitating Economic Growth
- Article 370’s land transaction restrictions limited investment opportunities, as only permanent residents could buy or sell land.
- The repeal was expected to encourage investment by removing these restrictions and promoting economic development.
Expanding Access to Affirmative Policies
- Jammu and Kashmir lacked access to various affirmative legislations like the Right to Education and Right to Information.
- The state also did not offer reservation benefits to marginalized groups such as OBCs, SCs, and STs.
- Abrogation was anticipated to enable the effective implementation of these affirmative policies, extending their benefits to the region’s citizens.
Positive Developments Post-Abrogation of Article 370
Enhanced Governance
- Significant improvements in governance have been observed, including better last-mile delivery of services.
- Digitization of 1,000 public utilities has been achieved.
- Major projects under the PM’s development package are nearing completion.
Economic Growth
- The region has attracted investments worth Rs 6,000 crore following the abrogation and improved governance.
- Tourist arrivals increased dramatically, from 3.4 million in 2020 to 21.1 million in 2023.
Strengthened Trust in Political and Electoral Systems
- Despite the detention of several leaders in August 2019, there has been a notable increase in public confidence in the electoral process.
- The 2024 general election saw a voter turnout of 58.6%, the highest in 35 years, and was conducted without incidents.
Political Consensus and Reduced Unrest
- There is a growing consensus among political parties regarding the abrogation of Article 370.
- The region has seen a reduction in calls for boycotts, bandhs, civil unrest, and stone-pelting incidents since the abrogation.
Social Stability
- The decline in violence and restoration of normalcy have led to greater social stability.
- Peace and development events are now being held in areas previously considered high-risk zones.
Prevailing Challenges After the Abrogation of Article 370
Changing Nature of Conflict
- Increased infiltration and activity by militants in the Jammu sector.
- Escalated terror attacks on civilians and military personnel in Jammu.
- Enhanced regional instability due to Pakistan’s alliance with China and its support for terrorism.
Erosion of Social Capital
- Constitutional and legislative changes, along with executive actions, have diminished the social capital of Kashmir.
- Centralization of power has led to reduced local influence and autonomy.
Political Disruptions
- Marginalization of traditional political entities has created a void in local governance and representation.
- Mainstream parties like the National Conference and Peoples Democratic Party have faced difficulties in re-establishing their roles in the region.
Human Rights and Social Concerns
- Reports of human rights violations, including curtailment of civil liberties, internet blackouts, and detentions of political figures and activists.
Diplomatic Strain
- The abrogation has strained international relations, especially with Pakistan, complicating diplomatic engagements.