Article 370 and Article 35A Finally Removed. Analysis By- Mohit Singh

Article 370 An Evil Which Was Easy to Kill Yet Managed to Survive For 70 Years. 

Prime Minister Modi had promised to all Indians, that post winning the election he would scrap this Article by adding this issue in his manifesto’s top priority category and finally, Article 370 and 35A has been revoked, for which we were waiting for several years and were never sure that we Indians would witness this historic event at least in our lifetime, but NDA Government made it possible, thus proving the fact ‘Modi Hain Toh Mumkin Hain’. Article 370 and 35A had been a bone of contention for India and her state Jammu and Kashmir since independence. Kashmir was like a country existing within a country, terrorism flourished and was at the apex influencing thousands of youth living in Kashmir Valley.

But what actually comes to our mind is, that how did NDA government successfully revoke article 370 without much resistance.  

The Process: Many debates took place in the past 70 years regarding Article 370 but none of them proved to be fruitful and constructive. In fact, B.R Ambedkar had earlier warned that Article 370 is such an ingredient that could potentially threaten India’s integrity. So, as mentioned countless debates took place but all these debates and discussions inevitably led to one conclusion, repealing Article 370 could be onerous and ungovernable, other conclusion to what the previous government arrived was, to end both the articles there was a need of a Constitution Amendment Bill. One thing was clear that Article 370 was under a temporary provision, but many didn’t know that it could be easily removed by a mere Presidential order as mentioned under 'Clause 3 of Article 370', and the same happened. NDA Government with simple issuance of Presidential Order resorted to legal interpretations of the constitutional provisions to do away with Article 370. From now onwards, Jammu and Kashmir will no longer be entitled to have autonomous status also, J&K will discontinue to have its own flag. Removal of Article 35A was akin to removal of Article 370. From now onwards an Indian Citizen is free to buy land, property and reside in J&K, henceforth all the provisions of Indian Constitution shall now apply on Jammu and Kashmir. 

In short Article 370 was removed by making use of Article 370. 

So Was It That Easy: The Solution Was Extremely Easy But The Step That Had To Be Taken Required Nerve.

It was very easy but till 5^th August 2019 no steps were taken and the main reason was a possibility of a sturdy reaction by the extremists and separatists that could cause instability in the valley. So, now in order to efficiently handle the situation, a significant portion of army was deployed, regarding army the government has continued to maintain status quo. 

Details: Article 370 comes under Part 21 of the Constitution along with a heading which is ‘Temporary, Transitional, and Special Provisions’. The heading itself made it clear that Article 370 is a temporary and transitional law. So, the bill that got introduced was not regarding removal of Article 370 rather the bill was introduced with respect to bifurcation of Jammu and Kashmir thus carrying the name Jammu and Kashmir reorganization bill, which got passed by the parliament and received President’s assent as well thus, adding two more Union Territories, J&K and Ladakh to already existing 7 UTs. 

Issues Involved: The special status which J&K was entitled to has been revoked, because of which Pakistan could possibly approach ICJ (International Court of Justice) as a retaliatory step. Secondly, what Pakistan can possibly do is, in the forthcoming UN General Assembly Pakistan PM can raise this issue in order to generate pressure on India. But all this shouldn’t worry India because Pakistan’s puny diplomacy stands nowhere, on the contrary Indian diplomacy is considered to be one of the best in the world. Recently, Indian diplomacy left Pakistani diplomacy toothless by rendering a big blow in Kulbhushan Yadav Case in ICJ, yesterday even UN rejected Pakistan’s proposal to raise Article 370 issue by literally ordering Pakistan to stay out of it by declaring to Pakistan and the world that Article 370 is India’s internal matter. So, Indian leaders and diplomats have many other issues to focus upon, one can be raising the Pak Occupied Kashmir issue in forthcoming UN General Assembly. Indian Prime Minister Narendra Modi will soon visit US to meet Donald Trump so there is a possibility of emergence of new dialogue concerning POK issue, well who knows POK issue may come in India’s favour. The way Indian leadership is tackling issues, POK issue coming in India’s favour seems very much possible. ‘Modi Hain Toh Yeh Bhi Mumkin Hain’. 

                                        Photo Credit: The Print

                                           Photo Credit: BJP Live    

Next Part Will be on Clever Planning that was done by BJP to Remove Article 370.

To Be Continued...……..