Apna Gyaan

Article 370 revoked!!!!, On August 5th, 2019, the Government of India repealed Article 370 (except its first clause). It is done by the issuance of Presidential Order.

On the same day, Rajya Sabha passed the Jammu and Kashmir reorganisation bill, 2019, by 125 votes in favour and 61 in against. And On August 6th, 2019, Lok Sabha passed the bill by 351 votes in favour and 72 in against.

Okay!! 😄Now, some of you may be struggling what exactly was Article 370 or why is it revoked or what will be its implications??🤔🧐

Let me resolve all these facts for you guys. I will narrate a story and I am sure you will get everything that is required to solve the riddle of Article 370 and Kashmir.

Historical Overview

So, the story starts with the British Era in India. When India was under British control. India was divided into two main parts,

• British India and
• Princely States

Approximately, 50% of India was under the direct control of the British Government. But the rest 50% was under the Princely States. British ruled the Princely States by the Doctrine of Paramountcy (means, Princely States were internally autonomous)

So, in the real sense Princely states never felt the pain of British Imperialism. As we know, the Muslim League because of its stubborn tactics rejected all the possibilities to stay undivided.

So, it was finalised that British India will be divided into two parts,

• Pakistan and
• India

Finally, on July 18, 1947, the Indian Independence Act came and one of its provision was for the Princely States,

• Either join India or
• Join Pakistan or
• Stay Independent

So, all the witty Princely States annexed to India. Though few of them tried to create trouble. But all thanks to our then leaders especially Iron Man of India Sardar Vallabh Bhai Patel.

Now, here comes our Kashmir issue, Kashmir was also one of these princely states. But, Maharaja Hari Singh of the Kashmir denied annexing with either of the country (Pakistan or India). He opted last option and remained independent.

Kashmir: History of Article 370

So, the story starts when few Fidayeen’s or Kabayili or Tribal people, sponsored by Pakistan, attacked Independent Kashmir in October 1947. 🧐

Actually, Kashmir has a unique demographic feature. The head of the state was Hindu, Maharaja Hari Singh, Dogra King. But the majority of the population was Muslim.

So, when these tribal people entered Kashmir, Maharaja Hari Singh decided to annex with the Indian State. He signed the instrument of accession to India. But it was conditional accession to India,

• Clause 7, stated that Kashmiri people will not be committed to the future Indian Constitution.
• Clause 8, Kashmir will be a sovereign state. (I mean seriously!!🤔🥺, Country within-country??)

These two clauses started the Kashmir issue. So, here, I would like to introduce a new character in our Story… “Sheikh Mohammad Abdullah”.

Article 370’s father Sheikh Mohammad Abdullah

Maharaja Hari Singh after the conditional signing of the instrument of accession to India left Kashmir due to some health issues. He appointed his son Maharaja Karan Singh, as the reagent of Kashmir.

Sheikh Mohammad Abdullah was an eminent personality of Kashmir Valley. He was an influential and charismatic leader of the Kashmiri people. Sheikh Abdullah was famous as Sher-e-Kashmir. So, now he led the Kashmiri people for their special state status clause.

During the same time, the Constituent Assembly of India was drafting the Indian Constitution. So, Sheikh Abdullah on behalf of Kashmiri people demanded special status for the Kashmir. Except, the following areas,

• Defence,
• Communication,
• Foreign Affairs and
• Finance

The above written four fields were in hands of Union Government of India. Rest for all the issues or areas Sheikh Abdullah demanded Kashmir be a Sovereign state.

Sheikh Abdullah asked for special provision for the Jammu & Kashmir. But it was against the federal feature of the Indian Constitution. So the founding father of the Indian Constitution or the then Law Minister Dr Bhim Rao Ambedkar denied giving this special status tag to any state. In his own word,

You wish India should protect your borders, she should build roads in your area, she should supply you food grains and Kashmir should get equal status as India. But Government of India should have only limited powers and Indian people should have no rights in Kashmir. To give consent to this proposal, would be treacherous thing against the interests of India and I, as the Law Minister of India will never do it.

-B R Ambedkar to Sheikh Abdullah on Article 370

Mediation of Gopalaswami Ayyangar

Many eminent leaders like Dr. BR Ambedkar, Maulana Hasrat Mohani Saheb, Shyama Prasad Mukharjee denied considering special provisions for the Jammu and Kashmir.

So, the then Prime Minister Jawahar Lal Nehru asked Mr. Gopalaswami Ayyangar, who was once a Diwan of Kashmir state, to intermediate on this issue. Gopalaswami Ayyangar was known as Minister without portfolio.

So, Gopalaswami Ayyangar drafted Article 306-A for the special provisions. Later this Article became Article 370 of the Indian Constitution. Article 370 of the Indian Constitution came with the following provisions,

• Article 370 of the Constitution is a ‘temporary provision’ which promises to grant autonomous status to Jammu and Kashmir.
• Except for defence, foreign affairs, finance and communications, the Parliament needs the state government’s concurrence for applying all other laws.
• Part IV (dealing with Directive Principles of State Policy) and Part IVA (dealing with Fundamental Duties) are not applicable to the state.
• Part-VI (Centre-State Relationship) is not applicable to the Jammu and Kashmir.

Stubborn Sheikh Abdullah was even not happy with these provisions. He did not like the “Temporary” word of Article 370. He desperately wanted to have Iron Clad Autonomy.

Nehru-Abdullah Agreement, 1952

The unsatisfying demands of Sheikh Abdullah led to the Nehru-Abdullah Agreement of 1952. As we all know, there are three lists according to schedule-7 of the Indian Constitution. Governing Subjects are divided into three lists,

• Union List,
• State List and
• Concurrent List

But, when there are few subjects, which are not in any of the above lists. So, according to the Indian Constitution, these are residuary powers, which always lies with the Union Government.

So, by the agreement of 1952, Nehru accepted the condition that residuary subjects regarding Jammu and Kashmir would be in hands of Jammu and Kashmir legislature. No interference of Indian Union.

Sadly, Abdullah was still not happy, he was so desperate for Iron Clad Autonomy that he threatened for sedition. This led to the arrest of Sheikh Abdullah. But unrest in Kashmir was continued.

Article 35-A 🤔

This article was incorporated into the Indian Constitution in 1954. Its provisions are,

• It empowers J&K legislature to define the state’s “permanent residents” and their special rights and privileges.
• It protects certain provisions of the J&K Constitution which denies property rights to native women who marry a person from outside the State. The denial of these rights extends to her children also.
• The article bar non-J&K state subjects to settle and buy property in J&K.

This article became the reason for the economic deprivation of the Jammu and Kashmir. Because of Article 35A, infrastructure companies could not invest in Jammu and Kashmir and economic integration is not possible without its dismissal.

So, this was all about the history of Article 370. Fortunately, as a historic move, the Government of India, repealed Article 370 of the Indian Constitution.

Article 370 Revoked 🤗

Earlier the provisions of the Indian Constitution were not applicable to Jammu and Kashmir. But after the revocation of Article 370, the picture will be like this,

Article 370 Repealed!! but How?🤔

As per the Article 370, clause 3,

The President may, by public notification, declare that this Article shall cease to be operative. However, the clause carries a rider, that is the President would have to first get the consent of the Constituent Assembly of J&K before issuing such a notification.

-Article 370 (Clause 3)

Earlier the problem was with the word Constituent Assembly of J & K. Actually, Constituent Assembly of Jammu and Kashmir was dissolved in 1956, after that there was no Constituent Assembly.

So, by August 5th notification, President amended this word by ‘Legislative Assembly’. (See the magic words 😍) So, now Article 370 is extinct.

Bifurcation of Jammu and Kashmir

The Government also introduced Jammu and Kashmir reorganization bill, 2019 in the Parliament. The bill seeks to make the State in two Union Territories,

• First in Jammu and Kashmir with legislative assembly and
• Second is Ladakh without legislative assembly.

The Jammu and Kashmir Reservation (Second Amendment) Bill 2019 has provisions of 10 percent reservation for Economically Weaker Sections of upper caste in the state was also passed.

This was all about Article 370, I hope, you guys don’t have any confusions now. 😊

Thanks and Stay Civilised. 😊