Model Answer
Article 370 grant special autonomous status to Jammu & Kashmir exempts it from the Indian Constitution (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution.
It restricts Parliament’s legislative powers in respect of J&K. For extending a central law on subjects included in the Instrument of Accession (IoA), mere “consultation” with the state government is needed. But for extending it to other matters, “concurrence” of the state government is mandatory. The IoA came into play when the Indian Independence Act, 1947 divided British India into independent India and Pakistan.
Indian Parliament needs Jammu & Kashmir government’s nod for applying laws in the state — except defence, foreign affairs and communications
Integrationist approach meant that giving autonomy to J&K was the original mistake. Not only should special constitutional provisions be removed, the Indian State must assert its authority in full.
Issues due to Article 370
- Affects unity and integrity: It wreaks havoc on the unity and integrity of the country as it creates boundaries for the people of J&K by providing them with separate constitution and rights. It builds emotional and psychological barriers between the people of Kashmir and the rest of India, thus fostering a psychology of separatism.
- Rising militancy and separatism: The separatist lobby in the state has used this barrier to build a mindset of alienation among the people. The poor and the down-trodden people of the state were exploited by the separatist leaders to keep this special status alive. It has led to rising militancy in the region. Most of youth take to stone pelting, remain unemployed and are devoid of welfare development.
- Violation of Right to Equality: No outsider can settle in the state, own any property and cannot vote in the state. Article 35 A had been used to define permanent residents. This violates the fundamental right to equality for Indian citizens and creates barriers for investment and thus development.
- Corrupt and radical administration: The state administration had been completely subverted from within by the separatist leaders who had infiltrated into the system over a period of time. This has led to government resources being used to further promote the propaganda of separatists.
- Affects International image: Existence of this statute is used by Pakistan and its proxies in the valley to mock at the very concept of ‘India being one from Kashmir to Kanyakumari. This affects India’s image on the international platform.
Development by abrogating article 370
- It would head towards ending separatism, nepotism and corruption and would provide welfare tothe people of Jammu and Kashmir.
- Women will enjoy greater rights as all the laws made at the centre will be implemented without any hindrance.
- SC, ST and individuals from other backward communities in other regions would enjoy special benefits as the central laws for welfare of these communities.
- The financial benefits for central government employees, including security forces, like LTC, HRA and more will be provide to those posted in Jammu and Kashmir.
- The vacant posts in Jammu and Kashmir will be filled. This will benefit the youth of Jammu and Kashmir. Local youth will receive employment.
- State companies as well as private companies will be encouraged to create jobs for the local youths in the state.
- J&K and Ladakh have the potential to become the biggest tourist destination in the world.
- Film industry would come to J&K for shooting their projects. Sport training, scientific education will help the youth of J&K to showcase their talent across the world.
- Several herbal and organic products are scattered across J&K and Ladakh. If they are identified and marketed in the global market, then it will greatly benefit the people and farmers of these regions.
Challenges
- It may swell the ranks of separatists.
- It may feed the rage and increase the distance between Srinagar and New Delhi.
- It may even push mainstream politicians to promote extremists views.
- It could lead to more bloodshed and encourage Pakistan to fish in muddied waters.
- Elements keen to destabilise India would seek to build a narrative that Delhi is taking away powers from the local level.
- It is important that the process of turning the state into a UT does not lead to alienation.
Way forward
- The government should launch a comprehensive outreach programme to all Kashmiris.
- It must remain on guard to ensure Pakistan, and radical militants, do not take advantage of the situation.
- It should simultaneously engage in dialogue with Kashmiri political actors, civil society, media, citizens and allay their apprehensions.
- The Centre must show to Kashmiris that its intent of removing the special status is to create more opportunities, and prosperity.
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