NATIONAL LAW UNIVERSITY ODISHA, CUTTACK
Project in
LEGAL HISTORY
On
History of Article 370
Submitted To
Mr. Kapil Sharma
Assistant Professor of Law
Submitted By
Aayushman Singh Solanki
Abhinav Baranwal
Abhinav Sharde
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ACKNOWLEDGEMENT
This project is a subject of extensive research could not have been completed without a few
things. First of all, we would like to express our gratitude to our teachers MR. K APIL
SHARMA for helping and guiding us towards the completion of this project. We would also
like to thank the administration for the provision of best facilities without which the
completion of this project would have been impossible. We would also like to acknowledge
the constant support of our seniors who showed the right track. Lastly, we would like to thank
the almighty whose blessings helped us to complete this project.
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TABLE OF CONTENTS
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TABLE OF CASES
INTRODUCTION
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The research project is mainly based on the History of ARTICLE 370 of the Indian
Constitution. First of all let us know something about this Article. Article 370 is the most
contentious provision of the constitution of India So Article 370 is a part of the PART 21
which deals with “Temporary, Transitional and Special provisions”, Article 370 is a
temporary provision granting special autonomous status to Jammu and Kashmir. This Article
has always been a subject of heated debate since the time Constitution came into full effect
from 26th January 1950.
The origin of Article 370 can be traced back to the British Raj in India. Before the Indian
Partition, India was divided into two different sets of geographical areas: provinces which
constituted 60% of the land area of the subcontinent that was known as British India and
Princely States which constituted the rest 40% of the British India. There were total 562
Princely States that were ruled by the Maharajas, Nawabs, Princes and ranged in Size and
Population. Britishers looked after their defence, foreign policy and communication. After
Indian partition it was left to the discretion of these Princely States that whether they want to
live as Independent territories or they want to accede to the provinces of India or Pakistan.
Most princely states accepted the proposal of Sardar Vallabhai Patel to accede to the Indian
province except some states of Hyderabad, Junagarah etc. . Jammu and Kashmir was one
such Princely State that was ruled by Maharaja Hari Singh Dogra that didn’t accept the
proposal. When India parted a major column of armed people from Pakistan invaded
Kashmir and almost captured Srinagar. Confronted with the chances of losing Kashmir to
Pakistan, Maharaja Hari Singh Ji decided to seek help from India. Sardar Patel told that India
could take action only if Kashmir acceded to India. Maharaja accepted the proposal and
signed the INSTRUMENT OF ACCESSION ON 26th October, 1947.
However, the accession was partly provisional. For example, CLAUSE 7 read that Maharaja
was not committed to accept the future constitution of India. Also CLAUSE 8 read that
nothing in this Instrument accepted the Sovereignty of Kashmir. India only had jurisdiction
over the subjects like DEFENCE, COMMUNICATION, EXTERNAL AFFAIRS and some
ancillary subjects like ELECTION AND JURISDICTION of court in these 3 matters. With
such an Instrument in hands India sent its Forces to Kashmir. Later Sheikh Abdullah who was
under the custody was released by Maharaja Hari Singh. Though Abdullah criticised the
Pakistani attack on Kashmir but asserted the sovereign right of people of Kashmir to decide
their Future. Abdullah in 1948 was made the Prime Minister of Kashmir. After all this the
Kashmir issue was taken to UNITED NATIONS by Jawaharlal Nehru and this issue was
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given a tag of an International dispute between India and Pakistan. But after a huge round of
discourse and discussion the idea of separate Kashmir was overruled. In 1949 Maharaja and
Abdullah decided that Kashmir should remain a part of India with maximum possible
autonomy. Kashmir was granted a Special Status by India in ARTICLE 306 A of the Draft
Constitution. This special status was granted as per the CLAUSE 7 of the Instrument of
Accession. This ARTICLE 306A was enshrined as ARTICLE 370 in the Constitution of
India as a “Temporary Provision”.
RESEARCH METHODOLOGY
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The Research Methodology that is to be used in this project is the Doctrinal Methodology;
research undertaken is descriptive in nature with an analytical approach to the topic. Both
primary and secondary data has been used and examined in a holistic manner for the purpose
of the dissertation. The mode of citation followed by the researchers is OSCOLA style of
citation.
OBJECTIVES
1. To give detailed idea that under what circumstances the Article 370 came into
existence.
2. To study the various issues related to Article 370.
3. To examine the changes in the working of the State after the abrogation of the Article.
RESEARCH QUESTIONS
1. Who drafted the Article 370?
2. What were the special powers which was granted to Jammu and Kashmir through the
special Article of 370?
3. What were the problems with the Article which make it notorious throughout the
Indian history?
SCOPE
The researchers intents to study the consequences prior to, during and after the
introduction of Article 370. We studied the various laws and regulations which were
created through the Article. We also critically examine the implications of the Article
with respect to various fields and what changes will come after its revocation.
LIMITATIONS
The research of this project work limits to the study on the evolution and revocation
of Article 370. We have worked on the on the developments which occured between
the time frame of 1947-2019. As the Article is in itself a very wide area to study, we
have not included any other laws and regulations which is incidental to it.
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A. HISTORICAL BACKGROUND
1. PRE-INDEPENDENCE ERA
The origin of Article 370 can be traced back to British Raj in India. Prior to the partition of
1947, India was divided in two different segments of geographical regions: provinces which
constituted 60% of the land area of the sub -continent known as British India and princely
states which constituted the rest 40% of British India. The 562 such princely states were ruled
by the Princes, Maharajas, Nawabs, Rajas and so on and ranged in size and population. They
contributed 100 million of the subcontinent’s total population of 400 million inhabitants at
the time of independence. British looked after the defence, foreign policy and
communications of these states. But the states were not directly ruled by the British and were
allowed governance in internal matters such as law and order, civil liberties, health, education
and economic development in return for which they each acknowledge British ‘paramountcy’
through individual treaties. The British gave an Indian State and its ruler protection against
neighbors and usurpers by stationing company troops in its capital under the control of a
British Resident. Their citizens were not British subjects, like the other Indians, but ‘British
protected persons’. The troops were, of course, very much a two-wedged weapon: while they
were also keeping him in check, a privilege for which he was expected to pay. The case of
Jammu and Kashmir was very telling in this context. 1 The British transferred the state forever
to Maharaja Gulab Singh under treaty of Amritsar, for 75 lakhs in 1846, and fixed a nominal
annual payment to protect his territories from external enemies.
1
Prem Nath Bazar, Struggle for freedom in Kashmir, New Delhi 1954, pp 140-160
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2.TREATY OF ACCESSION
In February, 1947, Government announced that independence would be given to British
India, the plan was to create two independent dominions of India and Pakistan based on the
Hindu and Muslim majority areas of the various provinces that constituted British India. The
policy was announced by the British Government’s with regard to Indian states. Neither the
British Government nor the cabinet mission made any suggestion regarding the future of the
princely States except that they would become legally independent. The prospect of all 562
Indian States exercising their independence came under chaos over the dominions of India
and Pakistan since both competed to absorb these states. There was an agreement between
J&K with Pakistan and India that both will not attack J&K. While India kept its word and
refrained from attacking, J&K chose to remain independent when India and Pakistan gained
their independence on 15th and 14th August 1947, respectively. In spring, internal revolt
begins in the Poonch region against oppressive taxation under the recently imposed direct
rule by the Maharaja. In August, Maharaja’s forces fire upon demonstrations in favour of
Kashmir joining Pakistan, burn whole villages and massacre innocent people. Pakistan
attacked Kashmir on 6th October 1947 by “Azad Kashmir Forces” supported by Pakistan.
Confronted with the chance of losing Kashmir to Pakistan, Maharaja Hari Singh requested
help from India. Immediately VP Menon arrived in Srinagar and told the maharaja that India
could take actions only if Kashmir will acceded to India. Maharaja wanted to keep it
independent but reluctantly due to the grave situations created by Pakistani invaders, he
acceded Jammu and Kashmir to India. Thus, on October 26,1947, Maharaja Hari Singh
signed Instrument of Accession whereby only Defence, Communication and External Affairs
were surrendered by the state to the Dominion of India.
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3.EVOLUTION OF ARTICLE 370 AND DELHI AGREEMENT
By 1949, Sheik Abdullah and Maharaja Hari Singh decided that Kashmir should remain
united with India with maximum possible autonomy. Prime Minister Pandit Jawaharlal Nehru
made certain commitments in consideration of the accession made by Jammu and Kashmir.
He directed Sheikh Abdullah to consult Dr. B.R. Ambedkar to prepare an article to be
included in the constitution for the inclusion of Jammu and Kashmir. B.R. Ambedkar refused
to draft Article 370 as according to him was discriminating. Thus, Nehru directed N.
Gopalaswami Ayyangar to drove the inclusion of Article 370 to completion and finally
granted a special status to Jammu and Kashmir in Article 306A of the constitution that was
given under clause 7 of the instrument of accession. The article 306A was inserted in
constitution as article 370 as ‘temporary provision’ and it gave Jammu and Kashmir a greater
measure of autonomy as compared to other states and the power of the Union of India is
restricted in the state. The Parliament would need the state government’s concurrence for
applying all other laws.
In 1952, Sheikh Abdullah signed Delhi agreement with the Central Government on Centre-
State relationships, providing for autonomy of the State within India and of regions within the
state.
Some of its provisions were:-
1.The government of India agreed that the residuary power of Jammu and Kashmir would be
vested to the state itself.
2.The state legislature was empowered to make laws for the ‘State Subjects’ who had gone to
Pakistan on account of the communal disturbances of 1947, in the event of their return to
Kashmir.
3.Articles 52 to 62 of the Constitution relating to President should be applicable to the state.
4.The Union Government agreed that state should have its own flag as well as the Union flag
but the State flag would not be a rival of Union flag.
5. It was accepted that the people of Jammu and Kashmir were to have fundamental rights but
in view of the grave situation of the state the whole chapter could not be made applicable to
the state.
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6.It was agreed that, for the time being, the Board of Judicial Advisers in the state would be
the highest judicial authority and the Supreme Court should have only appellant jurisdiction.
7.The State Government contented that the Government of India would have full authority to
proclaim emergency in the event of war or external aggression but was averse to
proclamation of general emergency on account of internal disturbance.
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B. WHAT IS ARICLE 370? AND ITS IMPLICATIONS.
1.BRIEF EXPLANATION OF ARTICLE 370
Article 370 provides special status to northern state of India Jammu and Kashmir. The special
status accorded to the state in the article meant that its people lived under a different set of
law for example, they have a separate constitution and a separate State flag along with a
Union flag. The Article was incorporated in Part 21 of the Constitution as a Temporary,
Transitional and Special Provision. In 1954, a Presidential order was issued, which specify
the articles that would be applied to the state but as the Constituent Assembly dissolved
without recommending the abrogation of Article 370, the article seemed to have become a
permanent feature of the Indian Constitution and so this special status. This special status
delinks Jammu and Kashmir from rest of the country, it is because of this Article that the
Government of India cannot enforce any law connected with the state without the approval of
the State Government. Only defense, external affairs and communications fall in the central
list. This article along with article 35A explains that the Jammu and Kashmir’s residents lived
under different laws, including those related to Citizenship, ownership of property and
fundamental rights as compared to other states of India.
It won’t be an exaggeration if it is called constitutionally recognized separatism. On the basis
of this ‘special status’ all over the world raise volley of questions in front of the government
of India.
As of recent developments, the president of India Shri Ram Nath Kovind issued a
constitutional order which revoked the historic Article of 370 and make all the provisions of
the Constitution applicable of Jammu and Kashmir. The Jammu and Kashmir Reorganisation
Bill was also passed in Lok Sabha and Rajya Sabha to divide the state in two different Union
Territories that will be called as Jammu and Kashmir and Ladakh.
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2.ITS IMPLICATIONS
a) Jurisdiction of Indian Parliament
* There is no state list in Jammu and Kashmir, the jurisdiction of the Parliament is restricted
to the matters given in the Union list and Concurrent list. In addition to this, the residuary
power of legislation belongs to State Legislature rather than to Parliament.
* Power to make laws on preventive detention is also vested on the Legislature of the state
and not on the Indian Parliament. So, no such laws made in India is applicable on the state.
* Power of Parliament under Article 3(alteration of name of or territories of a state) does not
extend to the Jammu and Kashmir. Any international treaty or agreement affecting the
disposition of any part of the state does not affect it, until and unless its own state legislature
rectifies it.
b) Emergency
Proclamation of emergency made by Parliament under Article 352 shall not have any affect
on the state without the consent of its Government. The Union cannot abrogate the
constitution of the state in the event of failure to comply with the directions given by the
Union. On the breakdown of Constitutional machinery, Governor’s Rule is to be imposed. In
addition to all of these implications, the Union cannot impose financial emergency (Article
360) on the state.
c) Fundamental Rights
In addition to the fundamental rights enjoyed by the people of other states of India, some
special rights in connection with employment, acquisition of property and settlement have
been conferred on the residents of the states by their state’s constitution. Shockingly, Right to
property is a fundamental right rather than constitutional as in other states.
d) DPSP And Fundamental Rights
The whole Part 4 (Directive Principles of State Policy) and Part 4A (Fundamental Duties) of
the constitution is not applicable on the controversial state of Jammu and Kashmir.
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e) Amendment of the Constitution
Article 368 of Indian Constitution which is for amendment in Constitution is not applicable
on the Constitution of Jammu and Kashmir. The Jammu and Kashmir assembly by two-third
majority amend its own Constitution expect in those matters that are related to the
relationship of the state with the Union of India. If such amendments seeks to affect Governor
or Election Commission, it needs President’s assent to come into effect. In short, the Union
has no power to suspend the Constitution of J&K.
f) Jammu and Kashmir High Court
The High Court of Jammu and Kashmir has limited power when compared to the High
Courts of other states of India. It cannot declare any law unconstitutional. The High Court
cannot even issue writs under Article 226 except for the enforcement of Fundamental Rights.
C. ISSUES AND CHALLENGES
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1). TEMPORARY AND TRANSITION PROVISION:
Article 370 was introduced under Part 21 of the Indian Constitution i.e. Temporary and
Transitional Provisions, it is but still in existence. So who will decide what was actually
meant by the term Temporary and Transitional Provision.
2). DOES NOT FULFILL THE CRITERIA OF SECTION 5 OF INSTRUMENT OF
ACCESSION WHICH SAYS:
“The terms of this Instrument of Accession can’t be changed by any amendment of the Actor
the Indian Independence Act, unless such amendments are accepted by me by and Instrument
supplement to this Instrument”.
3). ENCOURAGES SEPARATIONIST TENDENCY:
Kashmiri locals do not consider themselves as a part of India. The best examples that can be
quoted for this situation is that Kashmiri Locals often ask people coming from different states
to Kashmir, if they have come from India. So we can conclude that the concept of UNITY IN
INTEGRITY, which is one of the best attributes of INDIA’S most cherished culture and
tradition is losing its meaning. This is a big threat to a Nation like India.
4). IT IS AFFECTING THE ECONOMIC DEVELOPMENT:
As per the provisions of ARTICLE 370 people who are not the residents of Kashmir are not
allowed to invest in Kashmir, they can’t buy any property nor are they allowed to carry on
any business. Where rest of our country enjoys Right to Move Freely and carry on trade in
any part of India thereby developing India as a whole, Kashmir has always been lagging
behind due to the restrictions put by Article 370.
5). IT PERMITS CORRUPTION:
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As we have CAG, Lokpal, CBI to investigate corruption issues in other States of India,
Kashmir due to Article 370 does not come under these anti-corruption bodies. When
corruption is on its toll in India it becomes a very important issue of debate that since the top
most investigation bodies of India does not have its operation in Kashmir, is Kashmir totally
a corruption free State and does not need such authorities.
6). IT IS A THREAT TO THE INDIAN SECURITY:
As we all know that Pakistan is a great threat to our country due to its deep involvement in
terrorist activities. Article 370 also gives Pakistani citizens entitlement to Indian Citizenship,
if a Pakistani man marries a Kashmiri girl. This issue is very sensitive and it needs to be
looked upon with great caution and care. By doing this we are allowing and welcoming the
terrorists to be our Son in Laws.
7). RIGHT TO INFORMATION IS NOT APPLICABLE TO THE STATE OF
JAMMU AND KASHMIR:
Residents of Jammu and Kashmir have no access to the RIGHT TO INFORMATION and are
deprived of the procedure to file a complaint. This implies that the most important aspect of a
Democracy to have a TRANSPARENT GOVERNMENT is missing from the State. RTI has
always proved to be the most important tool to fight corruption, but in its absence, Politicians
in Jammu and Kashmir will get a chance to escape from the accountability to the citizens and
this is the basic reason why these politicians are refusing to abrogate ARTICLE 370.
8). People of Kashmir are not able to enjoy some beneficial laws like they are not permitted
to marry the residents of other states. Also women from Kashmir ceases to be a state subject
if she marries a non-Kashmiri man thereby losing her state identity, and this is quite
discriminatory as it doesn’t happen with the women of other states as they have only one
citizenship and this is the Citizenship of India.
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9). NON-APPLICABILITY OF THE EMERGENCY PROVISIONS
In the state of Jammu and Kashmir ARTICLE 352 and ARTICLE 356 are not applicable.
Under ARTICLE 356 where President can declare his rule in any state of India, for Jammu
and Kashmir he has to first consult with the Governor of State who himself is appointed by
the President.
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D.COMPARISON BETWEEN STATUS OF J&K AND OTHER STATES
IN INDIA:
1. SEPARATE CONSTITUTION2:
Only the state of J&K has a constitution of its own. Its Constitution was enacted by a separate
Constituent Assembly on 26th January 1957. Rest all states have to follow the Indian
constitution which came into effect on 26th January 1950. Thus the relationship between
Union and these states is based upon a Quasi Federal Structure.
2.FUNDAMENTAL DUTIES, DIRECTIVE PRINCIPLES OF STATE POLICY
AND FUNDAMENTAL RIGHTS:
PART 4 i.e. DPSP and PART 4A i.e. of the Constitution are not applicable to the state of
J&K. Apart from that Article 19(1)(f) and Article 31(2) that is Right to Property and are still
applicable in the state in contradiction to other states.
3. COMPARISON AS TO THE POSITION OF HIGH COURT:
The High Courts in other states of India can declare a law unconstitutional under Article 226
of the Constitution, but this is not applicable to Jammu and Kashmir except for the
ENFORCEMENT OF FUNDAMENTAL RIGHTS.
4. COMPARISON ON THE BASIS OF EMERGENCY PROVISIONS:
The Indian Union has no power to declare Financial Emergency in the state of J&K under
Article 360. Emergency can be imposed only on the grounds of War or External Aggression.
Emergency can be imposed only on the grounds of Internal Disturbance when it is made at
the request or with concurrence of the government of the state, while in all other states
2
Aditya Jain, “Article 370 – A Critical Analysis” (2019) Vol.2 pg No.16
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Financial Emergency can be imposed. National Emergency can also be imposed in other
states.
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E. LANDMARK CASES
Sampat Prakash v. State of Jammu and Kashmir3
The main issue that was raised by the petitioner was based on the fact that ARTICLE 35(c)of
J&K Constitution as initially introduced by the Constitution Order,1954, had given protection
any law relating to the preventive detention in J&K against invalidity on the ground of
infringement of any one of the fundamental rights guaranteed by Part 3 of the Constitution
for a period of 5 years only. Subsequently this period was extended to 10 years and late 15
years by the Presidential Orders dated 1959 and 1964. The petitioner challenged these
extensions on the ground that orders making such modifications could not be validly passed
by the President under Article 370(1). Article 370 could only have been intended to remain
effective until the Constitution of the State was framed and thereafter it must be held to
become ineffective that any modification made by the President subsequent to the
enforcement of the Constitution would be without the authority of law. The above argument
was rejected by the Supreme Court and held Article 370 should be held to be continuing in
force because the situation had existed when this article was incorporated in the Constitution
had materially altered, and the purpose of introducing this article was to empower the
President to exercise his discretion in applying Indian Constitution and a reference was also
made that Article 368 of the Constitution in its application to State of J&K under which an
amendment to the Constitution under Article 368 is of no consequence in the State of J&K
unless applied by the President under Article 370 (1).
3
Sampat Prakash v State of J&K [1969] 1 SC 562.
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Mohd, Damnoo v. State of J&K4
The petitioner challenged the validity of his detention under the J&K Preventive Detention
(Amendment) Act, 1967, on the ground that the Act is invalid as it has not been assented to
by the Sadr-I-Riyasat of the State. On November 16, 1952, the President had made an order
substituting another Explanation for the existing one in clause (1) of Article 370, as “For the
purpose of this article, the Government of the State means the person for this time being
recognised by the President on the recommendation of the Legislative Assembly of the State
as the Sadr-i-Riyasat of J&K, acting on the advice of Council of Ministers of the State for the
time being in office.” According to the counsel on behalf of the petitioner, neither the State
Assembly nor the President were competent to impair the functioning of the Sadr-i-Riyasat of
the State unless the Constitution of India was amended under Article 368 and 370 (3) or a
fresh Constituent Assembly was convened to amend the Explanation. The above argument
was not accepted by the Supreme Court and the Court explained the following feature of
Article 370 (1) (b) and (d) is the necessity of the concurrence of the State Government.
Article 370 (1) merely recognised a constitutional position in the State. It was contended
Article 370 (1) (b) and (d) places no limitation on the framing or amendment of the
Constitution of J&K. basically, it was pointed out that the change in the designation and the
mode of the appointment of the Head of the State, the constitutional position in the State
remains basically the same and the Governor is the successor to the Sadr-i-Riyasat and can
validly exercise his powers as Head of the State.
Prem Nath Kaul v. State of J&K5
4
Mohd. Maqbool Damnoo v. State of J&K [1972] 1 SCC 536.
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This was One of the earliest and leading case regarding the impact of Art 370 to be decided
by the Hon’ble Supreme Court. In this judgment the Supreme Court traced the passing of
power from the hands of Maharaja Hari Singh to the successor. The Court held that Article
370 in no way reduced the plenary powers of the Maharaja, nor did it try to impose the
President’s will on the state of Jammu & Kashmir. What it did in fact, was that it vested
authority in the Constituent Assembly to decide the relationship that the State wanted to
establish with India. It also observed that the continuance of the exercise of powers conferred
on the Parliament and the President by the relevant temporary provision of Article 370 (1) is
made conditional on the final approval by the said Constituent Assembly in the said matters.
F. CURRENT CHANGES
5
Prem Nath Kaul v State of J&K [1959] AIR 749.
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a) Actions Taken by Union Government
In recent interviews with TV channels, Prime Minister Narendra Modi expressed his
concerns about the weak economic scenario of Jammu and Kashmir which ends up harming
their interests as a whole. In the first few days of August, there were signs of something alien
in the state. Thousands of additional troops were deployed, a significant Hindu pilgrimage
was cancelled, common tourists were ordered to leave, telephone and internet services were
scrapped and regional political leaders were placed under house arrest.
In midst of this, many of us speculated that Article 35A of the Constitution might be
scrapped. But on 5 August 2019, Narendra Modi-led government took a historical decision
and stunned the whole nation by revoking the Article 370 of the Constitution that grants
special power to Jammu and Kashmir and making all the provisions of the Constitution
applicable to the state. Home Minister Amit Shah announced in the Rajya Sabha that the
President had issued a presidential order (C.O. 272) under Article 370, which supersedes the
1954 order. In addition to this, the Jammu and Kashmir Re- organization Act was passed
in both the houses of the Parliament, which bifurcated the state into two union territories to
be called as Jammu and Kashmir with a state legislature and Ladakh without state legislature.
The reorganization is scheduled to take place on 31 October 2019.
The Presidential order also added few clauses to Article 367 under "interpretations". The
phrase "Sadar-i-Riyasat acting on the aid and advice of the Council of Ministers" will be
understood simply as the "Governor of the state". The phrase "State government" shall mean
the Governor, while the term "Constituent Assembly" in the old documents would read the
"Legislative Assembly of the State"6
6
“Article 370” (Wikipedia June 24, 2017) <https://en.wikipedia.org/wiki/Article_370>
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b) Changes After Abrogation of Article 370
The historic decision will bring in very significant changes in Jammu and Kashmir. Some of
the most important of them are as follows:-
* People from anywhere in the country, now, can buy property and reside permanently in the
state. This led to fear in mind of Kashmiris that their state’s demography will transform from
Muslim majority to Hindu majority.
* A separate Union Territory will be created for Jammu and Kashmir with Legislature and
for Ladakh without Legislature. A notification by Union Government says “The Ladakh
division has a large area but is sparsely populated with a very difficult terrain. There has been
a long-pending demand of people of Ladakh to give it a Union Territory status to enable them
to realise their aspiration”7
* Ram Nath Kovind promulgated constitution (Application to Jammu and Kashmir) Order
which state that the Indian Constitution will henceforth be applicable to the state.
* Abrogation of the article 370 will lead to demographic transformation in the state as it
would make possible for any citizen of India to buy properties in Jammu and Kashmir.
* Jammu and Kashmir assembly will no longer in a position to pass significant bills within
the state because now the balance of power has been shifted to the Union Government.
* Now residents of any other states of India can also bag a government job and companies
will not be forced to hire only locals. This will fecilitate investment flow in the state and will
definitely lead to enrichment, resource generation and job creation.
* The revoking of article 370 ends the old-age discrimination against women of J&K. Now if
a woman marries a person from outside the state then she will not be barred from any
property rights and the provision is also extended to the children of such women and they will
also have succession rights over the property
CONCLUSION
7
Online ET, “Article 370 and 35(A) Revoked: How It Would Change the Face of Kashmir” (The Economic
Times August5,2019)<https://economictimes.indiatimes.com/news/politics-and-nation/article-370-and-35a-
revoked-how-it-would-change-the-face-of-kashmir/articleshow/70531959.cms> .
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BIBLIOGRAPHY
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