Why Article 370 of the Indian Constitution Needed to Be Nullified
A Constitution (Application to Jammu & Kashmir) Order, 2019, was promulgated by President Ram Nath Kovind in concert with the Government of Jammu & Kashmir with immediate effect. It supersedes the Constitution (Application to Jammu and Kashmir) Order, 1954. It said that all provisions of the Indian Constitution apply to Jammu and Kashmir (J&K).
What was Article 370?
The Indian Constitution conferred a special status on J&K under Article 370. A limitation on the power of the Indian parliament to make laws for the state was also included in this measure. It allowed the state of Jammu & Kashmir to have its own Constitution and flag and take decisions, except in matters of defense and foreign affairs. The special status was described as temporary. In October 1949, the Constitution was amended to include the temporary provision.
The reasons for the reorganization of Jammu and Kashmir
Two reasons led to the bifurcation of the existing state of J&K into two Union Territories:
1) Jammu and Kashmir's Ladakh Division was geographically large but sparsely populated, with difficult terrain, and the people of Ladakh had long sought Union Territory status for their region.
2) Jammu and Kashmir's prevailing internal security situation and cross-border terrorism.
Implications
There were different classes of citizens created by section 370 of the Indian Constitution, creating discriminatory laws with regard to permanent residents and employment under state governments, as well as the acquisition and settlement of immovable properties in the state. Moreover, Article 370 discriminated against based on gender, class, caste, and place of origin.
● In contrast to being the basis of J&K's merger with India, Article 370 has prevented it from merging with it.
● Article 370 stifled democracy, allowed corruption to flourish, led to widespread poverty, and prevented socio-economic infrastructure from developing. There is no way to combat terrorism without addressing this problem.
● J&K was also excluded from applying the 73rd and 74th Amendments due to article 370. The revocation of article 370 made Panchayats and Nagar Palikas constitutional bodies allowing regular elections.
● Increasing the opportunity for development in J&K was made possible by opening the doors to private investment. The state's socio-economic infrastructure would be improved due to increased investments. By opening up the sale of lands, private individuals and multinational companies would invest, and the local economy would be boosted.
Conclusion
As soon as article 370 was removed, J&K became a true part of India in both letter and spirit. By repealing article 370, an end to all Kashmiri problems will be reached. Undoubtedly, this step would stand the test of legal scrutiny. The purpose of Article 370 was temporary and transient, so it had to be eliminated. The Jammu and Kashmir constitution itself states that the state is an integral part of India. As a result, the integration process had already been completed. It is important to note that Article 370 only provided Jammu and Kashmir with some degree of autonomy, which has been removed now.
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