Jammu and Kashmir: Special Status, Political Stability, and the Removal of

Article 370

Jammu and Kashmir, the northernmost region of India, has been a focal point of both
strategic significance and political complexity since the partition of India in 1947. The
region's political status, its relationship with the Indian state, and the special provisions
governing it have been the subject of intense debate, conflict, and legal discourse for decades.
This article explores the historical context behind Jammu and Kashmir’s special status, the
evolution of political stability in the region, the constitutional changes, including the removal
of Article 370, and the present situation in the region.

The Formation of Jammu and Kashmir’s Special Status

When India gained independence in 1947, the princely states had the option to join either
India or Pakistan, or remain independent. Jammu and Kashmir, under the rule of Maharaja
Hari Singh, faced a unique situation. While the majority of its population was Muslim, the
Maharaja opted to remain independent. However, following an invasion by tribal forces from
Pakistan and the deteriorating security situation, the Maharaja sought India's help in October
1947.

The Indian government, led by Jawaharlal Nehru, agreed to provide military assistance
under the condition that the Maharaja sign the Instrument of Accession (IoA) to India. This
legally-bound agreement allowed Jammu and Kashmir to accede to India in exchange for
protection. The Instrument of Accession covered three areas: defense, foreign affairs, and
communications. The rest of the state's internal affairs were left to the Maharaja and the
regional government.

However, India’s Constitution was drafted, and the state of Jammu and Kashmir was
accorded special status under Article 370. The article allowed Jammu and Kashmir to have
its own constitution and a significant degree of autonomy. Key aspects of Article 370
included:

 Separate Constitution: Jammu and Kashmir had its own Constitution, which came
into force on November 26, 1957.
 Autonomy: While Jammu and Kashmir was part of India, it retained control over
most of its domestic affairs, with limited involvement of the Indian Parliament.
 Article 35A: This provision, which was a derivative of Article 370, granted the state
legislature the authority to define permanent residents of the state and extend special
privileges to them. This provision ensured that only "permanent residents" could own
property in the state.

These provisions created a unique political and legal framework that set Jammu and Kashmir
apart from the rest of India.

Political Stability and Challenges in Jammu and Kashmir

1. The Kashmir Conflict: One of the primary challenges to stability was the ongoing
conflict between India and Pakistan over the region. The territorial dispute over
Jammu and Kashmir has been the root cause of multiple wars (1947, 1965, 1971) and
numerous skirmishes, including the 1999 Kargil War. Both countries claim the
region in its entirety, but control different parts of it. This dispute has led to
heightened tensions in the region for decades.
2. Internal Discontent and Insurgency: In the late 1980s, disillusionment with Indian
governance grew among certain sections of the Kashmiri population, leading to an
insurgency against Indian rule. The insurgency was further exacerbated by the support
of Pakistan-based militants, resulting in a prolonged period of violence and unrest.
The state was placed under presidential rule multiple times in response to insurgent
activities, leading to periods of direct central government control.
3. Regional Autonomy and Political Dynamics: Local political parties in Jammu and
Kashmir, such as the National Conference (NC) and People’s Democratic Party
(PDP), played significant roles in managing the region's affairs, but the relationship
with the central government was always tense. The special status provided by Article
370 also contributed to political divisions within Jammu and Kashmir, with different
communities and regions (Kashmir Valley, Jammu, and Ladakh) holding divergent
views on the issue of autonomy and integration with India.
4. Human Rights Concerns: Over the years, allegations of human rights abuses,
including the use of excessive force by security forces and violations of civilian
rights, have been a source of major concern. The military presence in the region,
particularly during the insurgency and subsequent counter-insurgency operations, has
raised questions about civilian casualties and the treatment of Kashmiri Muslims.

The Removal of Article 370: A Landmark Decision

On August 5, 2019, the Indian government, under Prime Minister Narendra Modi,
announced a landmark move to abrogate Article 370 through a presidential order, followed
by a resolution in Parliament. This decision effectively revoked the special status of Jammu
and Kashmir, making it fully integrated with the rest of India.

The key aspects of the decision included:

1. Revocation of Article 370: The special provisions, including Jammu and Kashmir’s
separate constitution and its autonomy in domestic affairs, were nullified. This
brought the state on par with the rest of the Indian states under the Indian
Constitution.
2. Reorganization of the State: Jammu and Kashmir was reorganized into two Union
Territories:
o Jammu and Kashmir (with its own legislature).
o Ladakh (without a legislature).

This reorganization meant that Jammu and Kashmir would no longer have a state
assembly and would be governed directly by the central government.
 3. Article 35A: The revocation of Article 370 also led to the scrapping of Article 35A,
which had granted exclusive rights to "permanent residents" of Jammu and Kashmir.
This opened up the region to people from other parts of India to buy land and settle in
the region, a provision that was highly contentious.

The government's decision to remove Article 370 was met with mixed reactions. While
supporters argued that it would pave the way for economic development, integration, and
greater political stability, opponents, including many in Jammu and Kashmir and Pakistan,
viewed it as unconstitutional and a violation of the region’s autonomy.

Present Situation in Jammu and Kashmir

The revocation of Article 370 marked a new chapter for Jammu and Kashmir, but it also
created a new set of challenges:

1. Security and Law and Order: Following the revocation, the region experienced a
period of intense security lockdown. Communications, including internet access, were
suspended, and security forces were deployed in large numbers. The situation remains
sensitive, and although violence has decreased in some areas, there have been periodic
outbreaks of protests and clashes between security forces and civilians.
2. Economic Impact: Jammu and Kashmir’s economy, especially in sectors like tourism
and agriculture, has been significantly affected by years of conflict. With the
abrogation of Article 370, the central government has promised to bring economic
development, improve infrastructure, and attract investments. However, the ongoing
security situation continues to pose challenges to achieving these goals.
3. Political Response: Local political leaders in Jammu and Kashmir, including former
chief ministers like Omar Abdullah (National Conference) and Mehbooba Mufti
(People’s Democratic Party), have strongly opposed the removal of Article 370,
claiming that it undermines the region’s identity and autonomy. These leaders, along
with thousands of political activists, were arrested and placed under house arrest
following the announcement. The region's political future remains uncertain, as the
state’s traditional political parties continue to challenge the central government’s
move.
4. Demographic Changes and Concerns: The abrogation of Article 35A has opened
the door for non-residents to settle in Jammu and Kashmir. While the central
government has argued that this would bring much-needed development, critics fear
that it may lead to demographic changes that could alter the region’s political and
cultural identity.
5. Human Rights and Global Concerns: Internationally, the revocation of Article 370
has been a point of contention. Countries like Pakistan and organizations such as the
United Nations