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THE REFUTABLE IRRELEVANCE OF ART 370



The Union Territory (UT) of Jammu & Kashmir (J&K) was formerly one of the largest princely states of India and is bounded by the Indian Union Territory of Ladakh, to the south by Himachal Pradesh and Punjab, to the southwest by Pakistan and to the northwest by the Pakistan administration portion of Kashmir. The UT of J&K is bestowed by blissful climate and the flora and fauna of the region remains a symbol of pride for the nation. When the erstwhile state formed a part of India in 1947, it was widely felt that substantial ground would require to be covered before the state was truly integrated with the country being to the unusual conditions prevailing at that time. Hence, Art 370 was intro to accord special status to the state of J&K in Oct 1949. However, the relevance of art 370 in the current scenario thus became a relevant question for the government.


The attempt of tribal invasion to get J&K accede to Pakistan further led to instrument accession according to which on 26 October 1947 the entire state of J&K became an integral part of India namely- the northern areas of Gilgit - Baltistan, PoK, Jammu, Ladakh & Kashmir. To neutralize the political scenario of the state and to give certain prudential rights to the citizens or the residents of the state provision of art 370 was introduced in the state of J&K. Art 370 granted special status to the erstwhile state of J&K. Aim of the statute that time was firstly, to preserve the distinct identity of the people of J&K and secondly, to moderate the feeling of uncertainty prevalent among the people of Kashmir. Except Foreign Affairs, Defense Finance and Communication, the Indian parliament needed the concurrence of the state government for applying all other laws. In addition, the state was allowed to have its own flag and constitution. Also, no one from outside the state could purchase property in the state. Although the jurisdiction of supreme court was extended over J&K as a functional requirement. In 1952 Delhi Agreement came, according to which state Constituent Assembly was required to be set up so that constitutional relationship was required to be build up between state & India. And that was the purpose of making the provision (Art 370) temporary.

While the abrogation of Art 370 has created an era of hope and progress in the newly formed UT, there is a desperate appeal from the local political class and for restoring it. There is a complete denial of development & reduction in violence & bloodshed affected in the region post abrogation. Also, seeking frequent Chinese support in the matter by the political leaders of the of the UT displays desperate & un-nationalist intent. There is an improvement in overall social-economic and ground security in the state which have attained progressive statistics since 05 August 2019. As per the official data of Ministry of Home Affairs, there has been a reduction of approx 60% in violence incidents in comparison to the data of 2018. These figures depict a huge improvement in ground situation bringing peace to the lives of common people. The firm approach adopted by the government has put the extremist in complete disorder. Approx 70% reductions in protest & stone pelting incidents in the valley has been recorded which has paved way for constructive commitment of youth. Post abrogation the government of the UT has received Rs 13,600 crore for investment & has acquired 6000 acres of land for setting of industries as part of development initiative.



While strong political will supported by military support may have contributed to the initial success, long term success shall only prevail by fulfilling the promises made during the time of abrogation. For long, the Article 370 needlessly remained as a false symbol of pride for the people of J&K abrogation of the same was seen as a loss of pride by the people of the region. This sentiment has to be dealt at the earliest and the solution to it is by ensuring positive change in the livelihood of the people. Risk of youth getting exploited by unfriendly elements is a direct result of generation going unaddressed, uneducated and thereby unemployed. Due to the lack of synchronized efforts all development activities are lagging behind. As it is said peace rests in prosperity, hence some initiative needs to be implemented towards progress in development activities before people of J&K loss patience.


Security agencies & NGOs op in the area have to continue their excellent effort in countering the radicalisation of the unprivileged and uneducated youth by the inimical agents. Information Warfare is an instrument which enables success without actually fighting a war. Effective concerted efforts will ensure total exposing over our adversaries and putting the positive picture ahead. The abrogation of the Article 370 has led the foundation for promising peace & prosperity in the UT of J&K. However, the gains of the initial phase have to be transformed into a decisive long-term victory not only for the government but also for the people of J&K. Besides all, our national interest and solidarity moves towards restoring peace and maintenance normalcy in the country.

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