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  • Aditi Singh

ARTICLE 370 OF INDIAN CONSTITUTION

Updated: Apr 28, 2020




India's crowning glory and Heaven on Earth.. majestically enchants tourists and enthralls nature-lovers..
Kashmir, a land known for its bewitching beauty and equally controversial for its morbid history..
A land adorned with pacifying waters of Jhelum, Chenab and Dras..
and beautifully embroidered with entrancing lakes..

With the abrogation of Article 370, on 5th August 2019, our honorable Prime Minister Sh. Narendra Modi made a historic leap towards the restoration of peace and tranquility in the Kashmir valley, which definitely envisages the welfare of the community and natives of the valley who have witnessed a terribly morbid and bloodshed-ridden history, and beauty of their land marred with violence, terror and turmoil. The revocation of Article 370 inevitably anticipates and promises " one nation, one constitution" as Sh. Narendra Modi addressed this move during his speech on India's 73rd Independence day. From now on, India will possess 28 states and 9 union territories, The territories of Jammu and Kashmir ( with legislature) and Ladakh ( without legislature) being new additions after splitting the state of Jammu and Kashmir which will be administered by the union government.


Before we proceed on to understand what consequences the annulation of Article 370 envelops within itself, we need to be acquainted with what it implies. Article 370 of the Indian Constitution, conferred the Indian state of Jammu and Kashmir special status over other states keeping in view the bleak circumstances in which it became a part of the Indian territory in the year 1947 by the consent of Maharaja Hari Singh. The article granted Jammu and Kashmir the liberty to frame its own constitution and implement its own laws. The duration of legislative assembly was of 6 years in contrast to 5 years in any other state in the country. Jammu and Kashmir possessed its own separate flag and was exempted from the enforcement of Article 356 and 360 in the valley. Which relate to rule by President in case of an emergency. The natives were bestowed with dual citizenship and relished the right to purchase land and property unlike any other citizen of the country. Moreover, RTI was not applicable and the article made no provisions for the reservation of minorities. Also, any law imposed by the centre throughout the country, could only be adhered to in the region if the state assented to it.


The revocation of article 370, directly implies the termination of the special status enjoyed by the state of Jammu and Kashmir, the natives will now be entitled to only single citizenship, article 356 and 360 is enforceable in the valley, and minorities will be eligible for reservation. Indian citizens from other states can purchase land and property in the valley and productively invest in the region for trade, ultimately leading towards its prosperity, RTI can be invoked, and the duration of assembly will be of 5 years from now on.


Apart from the loss of the special status, the valley has a lot to gain from the abrogation of Article 370 and the future does seem glittering and promising. Scrapping of the article has opened gates for genuine and positive development of the valley in terms of social , economic, educational, health and infrastructural realms. With the freedom of sale and purchase of land in the region, FDI sector has got a lot to gain and offer. Many foreign investors will be eager to invest in the region owing to the wide extent of possibilities in store with the region. Blessed with unparalleled scenic beauty and picturesque landscapes the valley strives to serve the nation's tourism sector with a palatable revenue which can contribute in oodles to our nation's GDP and development. The tourism sector in Kashmir has vast potential to spread and flourish, which can now be easily accessed and exploited for the community's development and for India as a whole.


The history of Kashmir is smeared with violence and bloodshed which has caused a lot of unrest in the region over the years, violation of fundamental rights, and lots of families completely destroyed and displaced from their beloved abode. But, with the shredding of the article, it is for sure that peace shall be restored in the region and the inhabitants' fundamental rights will be taken due care of. Without any doubt, the country can place its trust in the government to provide quality healthcare, education in the region and prosperity of the minorities who have suffered terrible burns of neglect and apathy . Along with it the natives will have access to the emancipation to roam freely without any fear as exercised by citizens of India elsewhere in the country.


On the whole the entire move by Narendra Modi led government is highly commendable, intelligent,far sighted and well thought of. It seeks to protect and ensure the welfare of the citizens of the country and unites the country under the implementation of One Constitution throughout the country. Its success will further be evinced via concrete steps in the right direction, which shall be visible in near future.

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