5 years after abrogation of Article 370- Explained Pointwise

August 5, 2024, marks the 5 years after the abrogation of Article 370. On August 5, 2019, Prime Minister Narendra Modi announced the abrogation of Article 370 and the end of special status for the state of Jammu and Kashmir. Subsequently, Parliament used its powers under Article 3 of the Constitution, for the first time, to withdraw statehood and create two Union Territories. The Supreme Court in a 5-0 unanimous ruling upheld the Centre’s abrogation of Article 370 of the Constitution.

Since, 5 years have passed after the abrogation of Art 370, there is a need of introspection of the achievement of stated objectives of removal of Art 370 and the challenges ahead.

What was Article 370 of the constitution? How was it removed?

Article 370- Article 370, was added to the Indian constitution, as a ‘temporary provision’, on October 17, 1949. It permitted the state of J&K to draft its own Constitution. The Constituent Assembly of Jammu & Kashmir was empowered to recommend which articles of the Indian Constitution should apply to the state. It restricted the Indian Parliament’s legislative powers in the state.

Article 35A- Clause 3 of the Article 370 gave the President of India the power to amend its provisions and scope. Article 35A stemmed from Article 370 and was introduced through a Presidential Order in 1954, on the recommendation of the J&K Constituent Assembly. Article 35A empowered the Jammu & Kashmir legislature to define the permanent residents of the state, and their special rights and privileges.

Presidential Proclamation Abrogating Article 370- On 5th August 2019, President of India in the exercise of the powers conferred by Clause (1) of Article 370 of the Constitution had issued the Constitution (Application to Jammu and Kashmir) Order, 2019. The laws of the Parliament will now be applicable to the state of Jammu and Kashmir.

What was the rationale for the abrogation of Article 370?

1. Promotion of National Integration- Article 370 allowed a separate constitution, flag and powers to Jammu and Kashmir, which created a sense of separate identity among the people of the state. This was used to misguide youth and created a demand of separatism among them. A rationale was provided that the abrogation of Article 370 was a means to promote national integration.

2. Aid in the fight against Terrorism- Owing to cross border terrorism, around 42 thousand people had lost lives in the state of Jammu and Kashmir. The special status accorded to Jammu and Kashmir, due to Article 370, was considered an impediment in fight against terrorism. It was reasoned that abrogation of Article 370 allowed for the application of stringent anti-terror laws like UAPA.

3. Reduction of Corruption and graft- Article 370 resulted in poor anti-graft architecture in the state of Jammu and Kashmir. Anti-corruption agencies could not enter the state, which resulted in massive corruption, money laundering and hawala transactions. It was reasoned that abrogation of Article 370, allowed for the stringent application of the PMLA and FEMA Act.

4. Promotion of economic development- Due to the application of Article 370, the land in the state could only be sold and bought by the permanent residents of the state. As a result, large businesses houses did not invest in the region owing to land concerns. It was reasoned that repeal of Article 370, would allow greater investment in the state of J&K.

5. Effective implementation of affirmative policies- Various affirmative legislations such as Right to Education, Right to Information were not available to the citizens of Jammu and Kashmir. Also, the reservations benefits, to OBCs, SCs, STs were not available to the marginalized sections of the state. It was reasoned that abrogation of Article 370 would allow for effective implementation of affirmative policies.

What have been the positive developments post abrogation of Article 370?

1. Improvement in Governance- There have been substantial gains on the governance front, with the improvement in the last-mile delivery of services, digitisation of 1000 public utilities, near completion of major projects in the PM’s development package.

2. Improved economic situation of J&K- The abrogation of Article 370 and the improved governance has helped in attracting Rs 6,000-crore worth of investments. The number of tourists visiting the UT went up from 3.4 million in 2020 to 21.1 million in 2023.

3. Increased trust in the Political and electoral System- Despite the detention of several elected leaders in August 2019 during abrogation of Article 370, the people of J&K have shown their faith in the ballot. The 2024 general election was an incident-free poll, with voter turnout at 58.6 percent, the highest in 35 years.

4. Absence of a counter-hegemonic view on Kashmir- There has been an emergence of consensus across political parties on the abrogation of Article 370. The customary call for boycott, bandhs, civil unrest and stone pelting incidents, have stopped since the abrogation of Article 370 in Kashmir.

5. Social Stability- With the decline in violence and the restoration of normalcy, public and social life in the Jammu and Kashmir region has returned to a more stable state. Events promoting peace and development are now being held in areas that were previously considered no-go zones.

What are the prevailing challenges after the abrogation of Article 370?

1. Changing theater and character of conflict- The infiltrators from across the border have become more active in the Jammu sector. Pakistan, its partnership with China and its sponsorship of terror has increased in the region. For ex- Increased terror attacks on civilians and army personnel in Jammu region.

2. Erosion of social capital- The constitutional amendments, followed by legislative changes, executive fiats and administrative orders have eroded the social capital of Kashmir. There has been concentration of power in the region.

3. Political Challenges- The abrogation has marginalized traditional political entities, causing a vacuum in local governance and representation. Mainstream political parties, such as the National Conference and the Peoples Democratic Party, have struggled to regain their footing in the Jammu and Kashmir region.

4. Social and Human Rights Concerns- Post-abrogation, there have been widespread reports of human rights violations, including restrictions on civil liberties, internet blackouts, and the detention of political leaders and activists.

5. Diplomatic Challenges- Internationally, the abrogation of Article 370 has complicated India’s diplomatic relations, particularly with Pakistan.

What Should be the Way Forward?

1. Restoration of Political Engagement- There is a need to reintegrate local political parties into the governance process. This can be achieved by facilitating dialogue between the central government and regional political leaders to address their grievances. For ex- Regular meeting between LG and heads of political parties.

2. Enhancing Security and Community Trust- Building trust between security forces and local communities is necessary for restoration of normalcy in J&K. Initiatives that promote community policing can help in reducing tensions and fostering a cooperative environment.

3. Cultural and Educational Programs- Initiatives that promote cultural exchange and education can help bridge divides between different communities within J&K. This includes support for local arts, crafts, and educational institutions that foster a sense of unity.

4. Addressing Human Rights Concerns- The government should be transparent in its actions and responsive to the concerns of the local population regarding security measures and civil rights.