Article 370 revocation

Published on 03 Feb 2025

In 2019, the President of India issued a Constitution (Application to Jammu and Kashmir) Order, which withdrew the special status granted to Kashmir under Article 370. This move made the entire constitution applicable to Jammu & Kashmir and also resulted in the abolition of Article 35A. The government also bifurcated the state to two union territories, Jammu & Kashmir and Ladakh for effective governance.

Special privileges enjoyed by Jammu and Kashmir before Article 370 suspension

• Separate constitution and flag: Jammu and Kashmir had its own constitution which determined the governance in the state. The state also had a separate flag showing its autonomy.

• Limited application of Indian laws: Many Indian laws were not automatically applicable to Jammu and Kashmir unless the state government agreed to adopt them.

• Dual citizenship: The residents of Jammu and Kashmir were recognized as citizens of both India and the state thus gaining certain exclusive privileges.

• Permanent residents: The state had a concept of permanent residents who were entitled to special privileges in terms of land ownership and government jobs.

• Financial autonomy: The state had control over its finances and taxation policies, which allowed it to collect and spend revenue independently.

Positive impacts of Article 370 suspension

• Security

• Reduction in militancy: The action by central agencies has reduced the terror related events in the state bringing better peace.

• Example: Acts of terror in the region have declined by 32% between 2019 and 2022. (MHA data)

• Better law and order: Events of stone pelting have reduced indicating more order in the region.

• Example: Stone pelting incidents have declined from 618 in 2019 to 76 in 2021. (MHA data)

• Arrest of over ground workers: The enforcement agencies have been efficient in tracking down local terrorist elements and arresting over ground workers.

• Example: Arrest of over ground workers has increased from 82 in 2019 to 178 in 2021. (MHA data)

• Economic 

• Development projects: The government has launched many development initiatives in both Jammu Kashmir and Ladakh to improve their economy.

• Example: The government has sanctioned 54 projects under the PM Development Package for Jammu Kashmir.

• Example: The construction of Zojila tunnel and Leh airport expansion.

• Tourism promotion: Efforts are being taken to promote tourism into the union territories which can improve the job opportunities.

• Example: Jammu Kashmir hosted the G20 Tourism working group.

• Investment promotion: The government is looking forward to attract huge investment to the region to address the developmental deficit in the region.

• Example: Global Investors Summit was held in Jammu Kashmir which saw participation from more than 200 domestic and foreign companies.

• Social

• Social security schemes: The extension of Ayushman Bharat, Ujjwala Yojana, Awaz Yojana etc. has been beneficial to the common people of the region.

• Example: Under Ayushman Bharat, more than 21 lakh beneficiaries have been registered and 1.5 lakh have availed free treatment in J&K. (MoHFW)

• Health and Education: Better skilling programmes and health drives have been conducted to improve the social sector.

• Example: Employment oriented skill development has been provided to 75000 youth in Ladakh.

• Political

• Grassroot democracy: Conducting elections at the local level has strengthened the democratic network in the region.

• Example: Constituting a hill council for Kargil district to ensure local representation.

• Inclusivity: Reservation for women, SC,ST and OBC looks to bring diverse representation into politics.

Concerns which still persists

• Suppression of opinions: Detentions in the name of security have increased and this involves misuse of power to suppress critics.

• Example: Over 5000 were detained to prevent protests against abrogation actions.

• Resurgence in militancy: Attack against civilians and troops have resurfaced in certain regions disturbing peace.

• Example: Militancy on a hike in Pir Panjal region which had experienced a decline in the past 15 years.

• Unemployment: Despite efforts at bridging the development deficit, unemployment touched around 23% in March 2023. (CMIE Data)

• Effect of internet shutdown: Frequent internet shutdown some lasting as long as nearly 6 months affected job prospects, education and health sector, etc.

• Example: Internet shutdown in 2019 caused loss of 18000 crore rupees and nearly 5 lakh lost their jobs.

• Border security concern: Despite more control by the union government, Ladakh faces significant border issues from China.

• Example: Galwan clash

• No legislature for Ladakh: Lack of elected assembly for Ladakh has been a concern and questions the democratic principles in the region.

Way Forward (based on recent 2023 judgement)

• Conduct Elections & Restore Statehood: J&K’s statehood should be restored as soon as possible and the elections to the legislative assembly of J&K should be held by 30th September 2024.

• Establishment of ‘Truth and Reconciliation Commission’: Constitution of a Truth-and-Reconciliation Commission along the lines of the one set up in South Africa after apartheid to address human rights violations both by state and non-state actors in Jammu and Kashmir since the 1980s.

In December 2023, the Supreme Court of India delivered a historic judgment on the abrogation of Articles 370 and 35A. Through its judgment, the Court has upheld the sovereignty and integrity of India, something that every Indian cherishes. The Supreme Court observed that the decision taken on 5th August 2019 to abrogate Article 370 which ended the special status of the erstwhile state of J&K, was done to enhance constitutional integration and not disintegration. The Court has also recognised the fact that Article 370 was not permanent in nature.

Tags:
Security

Keywords:
Internal security Terrorism in Kashmir Article 370 Article 35A

Syllabus:
General Studies Paper 3

Topics:
Internal Security