The issue of Article 370 is over: But the issue of terrorism victims needs to be over in the light of the Supreme Court decision

26 Dec The issue of Article 370 is over: But the issue of terrorism victims needs to be over in the light of the Supreme Court decision

(This article is a summary of the combined editorials of ‘Indian Express’, ‘The Hindu’, ‘Official website of the Ministry of Home Affairs of the Government of India’, ‘Jansatta’, ‘Sansad TV’s program Sarokar’, monthly magazine ‘World Focus’ and ‘PIB’. It is related to the summary. It also includes the suggestions of the PLUTUS IAS team. This article is specifically related to the ‘Indian Polity and Governance’ section of the UPSC Civil Services Examination . This article is related to ‘ Daily Current Affairs’ under ‘In the light of the Supreme Court decision. The issue of Article 370 is over: But the issue of terrorism victims needs to be over).

General Studies – Indian Polity and Governance.

Why in Discussion / News ? 

On 11 December 2023, the Honorable Supreme Court of India delivered its historic judgment on the abrogation of Articles 370 and 35A . Through this decision, the Supreme Court confirmed the sovereignty and integrity of India, which every Indian cherishes in his mind. The Supreme Court held that the government’s decision to abrogate Article 370 on August 5, 2019—which ended the special status of the erstwhile state of Jammu and Kashmir—was taken to promote constitutional integration and not disintegration. The Court also accepted the fact that Article 370 was ‘temporary’ in nature.  

Process of abrogation of Article 370 by Parliament/Central Government :  

By Presidential Order : 

In the Presidential Order of the year 2019, the Parliament introduced a provision and gave a new meaning to the ‘Constituent Assembly of Jammu and Kashmir’ as ‘Legislative Assembly of Jammu and Kashmir’ and then used the President’s rule to abrogate Article 370. Through this, the powers of the Legislative Assembly were assumed.

By Resolution in Parliament: 

Concurrent resolutions were passed by both Houses of Parliament, Lok Sabha and Rajya Sabha, on 5 and 6 August 2019 respectively. These resolutions also repealed the remaining provisions of Article 370 and replaced them with new provisions. 

Jammu and Kashmir Reorganization Act:

The Jammu and Kashmir Reorganization Act 2019 was passed by the Parliament on 5 August 2019. This Act divided the State of Jammu and Kashmir into two Union Territories – ‘Jammu and Kashmir’ and ‘Ladakh’.

 

Reason for abrogation of Article 370 – 

Reasons for unification and development of the Nation:

Article 370 hindered the full integration of Jammu and Kashmir into the Indian Union and at the same time it also created a feeling of separatism, which hindered the development of Jammu and Kashmir . It was also believed behind its integration that complete integration of Jammu and Kashmir into India would create better access to resources, infrastructure and opportunities for the people of Jammu and Kashmir.

From a strong national security perspective :

Article 370 was being misused by Pakistan to support terrorism and separatism in Jammu and Kashmir region. Repealing it would strengthen national security as the Government of India would have greater control over this area and crack down on terrorist activities .

With a view to end discrimination :

Article 370 discriminated against women, Dalits and other marginalized groups in Jammu and Kashmir. By repealing it, these groups will come under the ambit of Indian laws and they will get equal rights and opportunities.

With a view to ensure transparency and accountability in governance :

Article 370 had created a lack of transparency in the governance of Jammu and Kashmir and in determining accountability. With its repeal, the state of Jammu and Kashmir will come under the ambit of the Central Vigilance Commission (CVC) and the Right to Information Act (RTI) , thereby ensuring better governance and accountability .

From the perspective of economic prosperity and development:

Article 370 hindered economic development in Jammu and Kashmir. Repealing it would allow for more investment, tourism and job creation in the area. 

Highlights of the decision given by the Supreme Court:

Article 370 is a temporary provision:

The Supreme Court held that Article 370 was a temporary provision and the state of Jammu and Kashmir had no internal sovereignty. The Supreme Court also held that Article 370 was  a ‘temporary provision’ for two primary reasons.

1. It served a transitional purpose , which was to make an interim arrangement for the establishment of the Constituent Assembly of Jammu and Kashmir, which was to draft the state constitution.
2. Its objective was to  facilitate the integration of Jammu and Kashmir into the Union of India in view of the war-like situation prevailing in the state in the year 1947.

The Governor can assume the ‘all or any’ role of the State Legislature:

The Supreme Court, citing the landmark decision of SR Bommai vs Union of India (1994) (which deals with the powers and limitations of the Governor under President’s rule), held that the Governor is an ‘all or any’ member of the state legislature. ) can assume the role.

• The Chief Justice of India (CJI) said that the Governor (President in the case of Jammu and Kashmir) can act ‘all or none’ of the state legislature and such action should be judicially tested only in exceptional cases.
• It is not necessary to take the consent of the state government to remove Article 370 : The Court said in its decision that the President, exercising the powers under Article 370 (3 ) of the Constitution, can unilaterally notify that Article 370 has ceased to exist. Is.  
• The Supreme Court further held that there was no need for the President to obtain the concurrence of the State Government in this regard, as specified by the proviso to Article 370(1)(d).

Ratification of Jammu and Kashmir Reorganization Act 2019 :

The Supreme Court confirmed the Jammu and Kashmir Reorganization Act 2019 to the extent that the Union Territory of Ladakh was separated from the State of Jammu and Kashmir.

The views of the State Legislature are recommendatory in nature and are not binding on the Parliament:

The Supreme Court also said that the views of the state legislature regarding the proposed reorganization are recommendatory in nature and not binding on the Parliament.

During President’s rule, Parliament is not the only law making body:

The Chief Justice said that the power of Parliament in a state under/during President’s rule is not limited to mere law making. This also extends to executive action.

• The Court also said that when a proclamation under Article 356 is in force, there are a number of decisions which are taken by the Central Government on behalf of the State Government for the purpose of day-to-day administration. 
• Every decision and action taken by the Central Executive on behalf of the State is not subject to challenge.
• Openly challenging every decision would lead to chaos and uncertainty.

Along with holding elections, restoration of statehood: The Supreme Court said that the statehood of Jammu and Kashmir should be restored as soon as possible. He ordered that the elections to the Legislative Assembly of Jammu and Kashmir should be completed by 30 September 2024.

Establishment of ‘Truth and Reconciliation Commission:

Justice Kaul, in his concurring opinion, has ordered a proposal to set up a ‘Truth and Reconciliation Commission’ on the lines of the commission established after apartheid in South Africa to resolve the issues that have arisen since the 1980s. To address human rights violations by both state and non-state actors in Jammu and Kashmir.

Article 370: Historical background.

• Article 370 in the Indian Constitution provided  special status to Jammu and Kashmir, which is a disputed area between India, Pakistan and China.
• Its draft was written by Indian Constituent Assembly member N. Gopalaswami Iyengar and it was added to the Indian Constitution as a ‘temporary provision’ in the year 1949 .
• This provision allowed  the state of Jammu and Kashmir to have its own constitution and flag, as well as autonomy in most matters except defence, foreign affairs and communications.
• It was based on the terms of the Instrument of Accession, which was signed by Hari Singh, the ruler of Jammu and Kashmir, to join India after the invasion of Pakistan in 1947.

Effect of abrogation of Article 370: 

Decline in terrorist incidents and incidents of violence:

There has been  a significant decline in the incidents of violence in Jammu and Kashmir since the revocation of Article 370 .

• According to official figures, the number of terrorist incidents has declined by more than 50% in the last four years and security forces have killed more than 300 terrorists.
• The decline in terrorist incidents and violence can be attributed to a combination of factors, including increased security measures, better intelligence gathering and declining public support for extremism.

Initiatives of the Central Government to promote economic development:

The government has implemented several initiatives to promote economic development in Jammu and Kashmir. For example – Prime Minister’s Development Package (PMDP) and Industrial Development Scheme (IDS) . 

• These initiatives of the Central Government have led to an increase in investment, employment creation and economic growth in the region.
• Jammu and Kashmir as a union territory saw  a 31% increase in tax revenue .
• Jammu and Kashmir’s GSDP at constant prices grew at the rate of 8% during 2022-23 , while at the national level it stood at 7%.

Huge investment also in the development of advanced infrastructure sector in Jammu and Kashmir:

The government has also invested heavily in the development of infrastructure sector in Jammu and Kashmir. This includes projects such as the construction of new roads, bridges, tunnels and power lines. These reforms have made it easier for people to travel and do business in the region.

Huge growth in tourism sector :

There has been a massive increase in the number of tourists visiting Jammu and Kashmir since the abrogation of Article 370 . This has been made possible by a combination of various factors including better security, better marketing and the introduction of new tourism initiatives.

• According to a report, Jammu and Kashmir received 1.62 crore tourists in the year 2022, which is the highest in 75 years of India’s independence. 

Path to Solution/Conclusion:

The recent judgment of the Supreme Court has not only reinforced the principles of ‘One India, Best India’ but has also proved the importance of unity, mutual trust, development of nationalism and collective dedication for good governance. The judgment also reveals the Court’s commitment to strengthening the fabric of our nation and reinforcing the values ​​that define us as a society. Which can also be seen as an effort towards defining India as a strong democratic country and making it grow as a democratic country.

PRACTICE QUESTIONS FOR PRELIMINARY EXAM: 

Q.1 Consider the following statements in the context of Article 370.

1. Article 370 was ‘temporary’ in its nature.
2. The Jammu and Kashmir Reorganization Act 2019 was passed by the Parliament on 5 August 2019.

Which of the above statement/statements is correct?

1. Only 1
2. Only 2
3. Both statement 1 and 2.
4. None of these.

Answer – (c)

PRACTICE QUESTIONS FOR MAINS EXAM:

Q.1. Discussing the main arguments behind the abrogation of Article 370, in the light of the Supreme Court’s decision to abrogate Article 370, discuss how it affects the economic and infrastructural development and development of the tourism sector along with the violence in the Jammu and Kashmir region. Will the type affect?