The recent abrogation of Article 370 has created far-reaching
consequences for the entire nation, majorly in Jammu & Kashmir. The move took its way as BJP promised of ‘Integrating
the nation’ by repealing Article 370 of the Indian constitution that grants
special status to the state.
The spark triggered when the state minister of Udhampur in
J&K, Jitendra Singh initiated the controversy on BJP’s demand for the
repeal of Article 370 in Prime Minister’s office. This was followed by a strong
objection by Jammu & Kashmir’s chief minister Omar Abdullah who tweeted,
“So the new MOS PMO says process/discussions to revoke Art 370 have started.
Wow, that was a quick beginning. Not sure who is talking.” He further added, “Mark my words and save
this tweet – long after Modi Govt is a distant memory either J&K won’t be a
part of India or Art 370 will still exist.”
PDP chief Mehbooba Mufti went on to comment on this
controversy saying that irresponsible utterances on Article 370 should be
stopped as they could have serious reverberations in J&K.
It is really important to understand how Article 370 has
shaped the changes in J&K governance and what had been the vital aspects of
Article 370’s history. Article 370 of the Indian constitution was a ‘temporary
provision’ that granted special autonomous status to the state. Under
‘Temporary, Transitional and Special Provisions’ PART XXI of the constitution
the state has accorded special status. The provisions of the Indian
Constitution was hence applicable to all the other states except J&K.
article accorded that except for defence, foreign affairs, finance and
communications, Parliament needs the state government’s agreement for applying
2. Jammu &
Kashmir’s residents lived under a different set of laws related to citizenship,
property ownership and fundamental rights in comparison to other Indian
citizens from other states could not purchase land or property in Jammu &
Kashmir according to the provision.
4. The centre
did not hold any power to call for a financial emergency in the state under
Article 370. It was authorised to do so only in case of war or external
aggression in the Union government did not include emergency on grounds of
imminent danger unless the emergency declaration was at the request of the
6. When the states were reorganised in 1956 the provisions of Article 238 did not apply in Jammu & Kashmir.
7. In this article, the Indian Parliament did not have the ability to increase or decrease the state borders.
8. Soon after drafting the Constitution of India,
its principal drafter Dr B.R. Ambedkar refused to draft Article 370.
Minister Pandit Jawaharlal Nehru in 1949 directed Kashmiri leader Sheikh
Abdullah to convince Ambedkar to draft a suitable article under the
constitution for J&K.
10. Gopalaswami Ayyangar drafted Article 370 in the amendment
of the constitution section, Part XXI under Temporary and Transitional Provisions.
11. The original draft is quoted below:-
“The Government of the State means the person for the time being
recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the
Maharaja's Proclamation dated the fifth day of March 1948."
12.This was changed on Nov 15, 1952, as “the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office."
BJP’s manifesto since 2014 had consistently maintained its
word of the commitment of annulling the Article 370. It also assured that it would
take all the efforts to ensure a safe and peaceful environment for all residents
in the state. It did not repeal Article 370 during the Atal Bihari Vajpayee
government due to lack of majority and had been opposing it since the Jan Sangh
Scrapping off the article 370 and bifurcation of the state
into 2 distinct Union territories - Jammu and Kashmir and Ladakh has been
cleared in the Rajya Sabha as Union home minister, Amit Shah spoke during the
budget session of Parliament giving a remarkable solution to revoke these
provisions since it had been the biggest hurdle in ensuring integration of the