It is the hottest topic in India today. The government stunned everyone by revoking this article.
Let’s talk about first
How it all started:
At the time of Independence in 1947, the then king of Jammu and Kashmir Maharaja Hari Singh, chose to make Jammu and Kashmir an Independent state.In the same year after being attacked by Pakistani army which impersonated as kabilai and sent thousands of troops in an attempt to acquire Kashmir by force, Maharaja Hari Singh asked help from India.
In exchange of help, Maharaja hari singh signed an instrument of accession with India which allows Jammu and Kashmir to become a part of India. Under this accession Jammu & Kashmir transferred only three subjects which was Defense, foreign affairs and communications. In 1948, Maharaja appointed an interim government with Sheikh Abdullah as PM of Jammu and Kashmir. In 1949, Sheikh Abdullah negotiated the special status to Jammu and Kashmir by adoption of article 370, with Indian Government. It was a temporary provision which promises to grant an autonomous status to Jammu and Kashmir
What are the provisions of article 370?
1. Jammu and Kashmir will have a separate constitution.
2. Jammu and Kashmir will have a separate State Flag.
3. To apply and implement any law in Jammu and Kashmir, Indian parliament has to get the approval from Jammu and Kashmir government except in case of Defense, foreign affairs and communications.
4. Residents of Jammu and Kashmir will have dual citizenship.
5. No outsider is allowed to buy property in the valley other than the residents of Jammu and Kashmir.
6. Article 370 states that if a Kashmiri girl marries a person outside valley; she will not have the rights on inherited properties. While if a Kashmiri boy does the same, he will have the rights on inherited property.
The provisions in article 370 were temporary and transitional and it was bounded in constitution of India by article 35(a) in 1954 by presidential order.
On 5th August 2019, President of India Sh. Ram Nath Kovind issued a presidential order to revoke 1954 order i.e. article 35(a).
On 6th August 2019, another bill was passed in both the houses of parliament of India making article 370’s all special provisions to be inoperative. And converted Jammu and Kashmir into 2 different Union Territory’s. Where Jammu and Kashmir as Union Territory with legislative assembly and laddakh as Union Territory without legislative assembly.
The negatives of Article 370:
1. Article 370 has built a barrier between Kashmir and rest of the India, cultivating a psychology of separatism
2. The citizen of Jammu & Kashmir can purchase property and stay anywhere in India but an Indian is deprived from such rights.
3. Article 370 was a hindrance in the growth of Kashmir. Jammu & Kashmir was underdeveloped due to this provision. There was no industrial sector.
4. This provision was largely responsible for terrorism and separatists activities in Jammu & Kashmir.
5. Corruption was at peak in Jammu & Kashmir than other states
6. As there was lack of employment, the youth joined terrorist groups.
7. Lack of medical facilities. The health conditions were pathetic. Absence of private hospitals. No doctor from other states wanted to come to Kashmir and practice because of lack of security and terrorist activities.
8. Poor education system in Jammu & Kashmir. The people of Jammu & Kashmir couldn’t enjoy the benefits added in the Indian constitution like Right to education. Education institutes didn’t want to come to Kashmir as no professor would come and work there because of life risk.
9. Lack of employment and opportunities in Kashmir.
10. Lack of basic facilities like 24hrs water supply, 24hrs electricity, 24hrs wifi.
11. RTI – Right to Information was not applicable in Kashmir.
12. Insulting Indian flag was not illegal in Jammu and Kashmir.
13. No reservations for minorities such as Hindus and Sikhs.
14. Duration of Legislative assembly was for 6 years where as other states of India the assembly is for 5 years.
15. Panchayats did not have rights.
Guys I personally feel Removal of Article 370 is one of the best decisions in the history for the betterment of the Kashmir state.