The Scrapping of Article 370: Facts and Impacts

✍️ Sayyid Jadheer Ahsan (Malappuram) for WordForPeace.com

Article 370 is the most debated and controversial provisions of the constitution. It came into effect in the Indian state of Jammu and Kashmir in 1949 and was supposed to be a temporary provision. However, it kept on for decades even though many political bellwethers and other prominent people in the country demanded its revocation.

History:

Jammu and Kashmir additionally got independence from the British rule but the king of Jammu and Kashmir Raja Hari Singh decided not to join the Indian Coalescence and wanted to keep his principality as independent state. On October 20, 1947 Kashmir was captured by Pakistan-backed “Azad Kashmir Army” which seized a component of the Kashmir region which is now known as Pakistan-occupied Kashmir (POK). Maharaja Hari Singh signed the “instrument of accession” of Jammu and Kashmir to India with the then Prime Minister of India, Pandit Nehru on October 26, 1947.

Under this agreement, the state surrendered defence, communication and external affairs to the Ascendancy of India. The Article 306A was enshrined as article 370 in the constitution as an ephemeral provision. Thus, the temporary provision of the article 370 came into force from 17 November 1952.

Advantages:

The State gave priority to the interests of its local citizens. There  was less competition in the state and more preponderant opportunities for its residents. Jammu and Kashmir boasts of its local handicraft items. The regime of this state has kept its local culture and business alive. It has always enheartened local business over peregrine brand, magnification opportunities and good income is provided to the Employers and prevalent labours.

Disadvantages:

Due to the vigor of article 370 and 35A, any legislation passed by the parliament was not applicable to the state till it was passed by the state assembly. It gave the state autonomy to have its own constitution and flag. Under the rule, Indian Parliament did not have any major rights over Jammu and Kashmir. It was only able to control issues of Defence and other international cognation. The Right to Information (RTI), Right to edification (RIE) did not have automatic extensions to Jammu and Kashmir. Moreover, non-residents of the state could not buy a property in the state.

Impacts:

Though the residents of Jammu and Kashmir worry that the scrapping of Article 370 may hamper their local business and thus can be a threat to their livelihood, the condition of the state has not been very good ever since the enforcement of article 370. Life of people in the Kashmir region has since been miserable. As a result of the abstraction, there would be unprecedented changes, though obviating the facilities of Internet, mobile accommodations and conveyance will remain a question mark. Whether the decision taken by the central regime is right or erroneous is debatable, there would be a consequent impact on celebrations, arts, rituals, customs etc.

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