THE CONSTITUTIONAL PATH OF ARTICLE 370
Gautham. K & S. Sunderasan, B.com.; LL.B.(Hons.), BBA; LL.B.(Hons.)
SASTRA Deemed To Be University
Mail: gauthamkrishna506@gmail.com, samsundar.law@gmail.com
ABSTRACT:
The Constitutional Path of Article 370 contains an elaborate discussions relating to various circumstances and historic events that resulted in the existence and construction of such an Article contained here within the Constitution. The article starts with the evolvement of Jammu and Kashmir from being ruled by different rulers to its transformation into a sovereign state of India. The article contains an analysis of both pre and post-independence considering the plight of Kashmir in numerous instances. The article deals about Article 370, governing the rights of people of the state and the reason for having a temporary characteristic. A constituent of the article is annexed with a view to share the intent of the Constitutional makers while including the provision in the Constitution. A short note about Article 35A is also mentioned in this Article. The intention behind the abrogation of both the Articles is discussed in the light of the recent presidential order to understand and comprehend the current condition of Jammu and Kashmir. The article involves an exploration wherein different country’s view about the abrogation is discussed. In the end, the article is concluded placing reliance on ‘Time’ to determine the effectiveness of the abrogation.
INTRODUCTION:
"Constitution is not a mere lawyer's document, it is a vehicle of Life, and its spirit is always the spirit of Age"
Bhimrao Ramji Ambedkar
In the light of B.R. Ambedkar's opinion on Constitution, it is evident that our constitution is not one that should be meddled with and the provisions that are contained within our constitution are to be regarded as imperative. The makers of the constitution had a clear vision to include Article 370, which grants special status to the state of Jammu and Kashmir. The existence of the said Article is the result of the Instrument of Accession which was discharged by Maharaja Shri Hari Singh. The exposure of the Accession and its impact on the country as a whole is discussed here. Considering the recent presidential order correlating with the quashing of the aforementioned Article, this paper also includes various circumstances or instances that led to the elimination of Article 370 along with Article 35A that granted distinct status provision. It is essential to avail of an outlook on the international perspective in terms of quashing Articles 370 and 35A. The same is contained herein with respect to countries like China and Pakistan.
HISTORY OF JAMMU AND KASHMIR: A PRE-INDEPENDENCE AND POST-INDEPENDENCE ANALYSIS
Jammu and Kashmir, prior to independence, was ruled by prodigious kings of that time. Post-independence, Kashmir became a portion of the Indian dominion. The history involves various incidents through which Kashmir witnessed the rise of many empires.
A PRELUDE ON THE PRE-INDEPENDENCE HISTORY:
The name "Kashmir" is evolved through the ages and had acquired its name from the two Sanskrit scripts namely "Ka" and "Shimira" which means dried up land. The initial habitants of Kashmir were the worshippers of serpents who called themselves as the "Tribal Nagas". The Nilamata Purana clearly illustrates the lives and way of living of the mentioned tribesmen. They had inhabited the mountains around the Satisara Lake and their occupation revolved mainly around agriculture. The advent of the Aryans to Kashmir paved the way for the genesis of new political systems in the embodiment of kingships. Kalhana, a renowned Kashmiri author, mentions the name of the first king of Kashmir to be Gonanda in his famous work. It is revealed in his works that the then king Gonanda is believed to have fought against lord Krishna in Mathura, the kingdom of Lord Krishna, and was also killed as a result. The significance of Buddhism gained wider popularity during 250 B.C. when King Ashoka conquered Kashmir. This is also said to have marked the real history of Kashmir. Kalhana in his remarkable work "Rajatarangini" depicts that Hinduism was gaining popularity along with Buddhism. The Mauryan Empire acquired Kashmir as the core segment of its empire and the monarchy of Guptas concluded with the rise of the Hunas. Mihirakula expropriated the royal seat of Kashmir during the period of an internal rebellion during his stretch of exile. With the passage of time, Kashmir witnessed the origination of the dynasty of Karkota which was endowed by Durlabhavardhana. The advent of the Karkota dynasty failed to establish a sturdy directorate in Kashmir. In the later years, with the able guidance of a minister by the name of Suyya, Avantivarman of the Utpala dynasty succeeded the throne. The major setbacks of the foregoing kingdom were effectively addressed during the sovereignty of Avantivarman but it ended in vain as they were hit hard in the prospects of economy and politics when the kingdom thrived at the supremacy of the then kings. As a consequence, Kashmir fell into the clutches of the Lohara dynasty but was overthrown after one and a half centuries later by the Muslim sultanates due to internal conflicts involving nefarious cruelty, overgrowing lust, and incompetence to rule on the part of the successors of the Lohara dynasty. From the 14th century, Kashmir witnessed an increase in the Muslim population as it was natural since it was being ruled by Muslim sultanates. The Hindu masses had no other alternative but to either submit to a foreign ruler or to undergo conversion and adopt their customs and way of living. During 1585, Akbar of the Mughal Empire set his eyes on acquiring Kashmir for which he advanced his forces to invade the army of the Chaks. There was an increase in corruption and widespread exploitation in the political management of the Mughal regime throughout the monarchy of Aurangzeb as a consequence of which led to the decline of the Mughal Empire in 1754 during the rule of Ahmad Shah. After the deterioration of the Mughal Empire, the antiquity of Kashmir can be detected back to the time of the Jamuval family and later at the able control of the Sikhs. Later the Anglo-Sikh war broke out that gave the dominion to the British East India Company. The East India Company decided to sell Kashmir to the Dogra rulers to appreciate the loyalty of Gulab Singh.
THE STATE OF KASHMIR AFTER INDEPENDENCE WITH RELATION TO PAKISTAN AND INDIA:
The Indian Independence Act affected the partition of British India by dividing it into two new independent dominions which are India and Pakistan. The partition also provided discretion to Kashmir either to be independent or to endorse to the recently liberated dominions. Maharaja Hari Singh wanted Kashmir to be an independent dominion but was forced to be a proportion of the Indian dominion since the tribesmen of Pakistan penetrated Kashmir. This also marked the first India-Pakistan war to be fought for Kashmir. The main grounds that led to accession were that the Lashkars were an armed force, the Maharaja faced an internal insurgency and external invasion as a consequence of which he approached the Indian armed forces for assistance. The war culminated in January 1949 after the United Nations authorized a ceasefire. By that instance, Pakistan had control over one-third of the state with the remaining part at the control of the Indian government. The constituent assembly of the state ratifies the accretion of Jammu and Kashmir in 1954. The state adopts its constitution on 17th of November 1956 and it came into force from 26th January 1957. After the Sino-India war, the foreign minister of India and Pakistan referred the territorial adjustment dispute to the United States and Britain. All the references resulted in vain and Pakistan involved the UN Security Council regarding the same dispute. Their constant efforts regarding the territorial adjustment did not fetch wanted results and agitations rose from both the countries. In 1965, the troops of Pakistan infiltrated the Rann of Kutch by crossing the ceasefire line which led to the second war fought between India and Pakistan. This is deemed to be a war that involved various forces of attacks like the infantry, air forces, armor, and the war expanded through the international borders of Lahore. The UN had to step down after witnessing a huge war loss on either side or the countries stopped to further attacks after the UN-mandated a ceasefire. Zulfiqur Ali Bhutto, in 1971, refused a Bengali leader to hold his office after he had won the parliamentary elections in Bangladesh. Pakistan becomes furious and counteracts by launching attacks on Dhaka. Air forces of Pakistan attack the northwest parts of India as they were tangled in this conflict. India reacts to this crisis by initiating attacks on East Pakistan which led Pakistan to surrender at Dhaka along with their military soldiers of over 90,000 men. This act of surrender resulted in the inception of an individualistic country known as Bangladesh which was the East part of Pakistan. The Simla agreement was incorporated that strengthened the relationship between Bangladesh and India and promoted a friendly and harmonious relationship among the two countries. Continuing to the already existing conflicts between the two nations, both developed advanced nuclear weapons and many research stations across their countries. Kashmir faced a constant retaliation from Pakistan because they were keen on acquiring Kashmir as an outcome of which the Line of Control and the borders faced a constant and increasing threat. In 1998, the conflict became aggressive that led to the detonation of several nuclear devices by India as well as Pakistan. To address the issue, the then Prime Minister of India, Atal Vajpayee, signed the Lahore Declaration with the Pakistan Prime Minister. Followed this Pakistani armed forces occupied the Line of Control which erupted the Kargil war. Ever since the Kargil war, there was an uncontrollable amount of dead at the Line of Control resulting in the death of 38 people in 2001. A chain of terrorist strikes follows on the Indian soil with the motive to capture Kashmir. The Taj attack is one of the most disturbing and consequential ones faced by the Indian government and its citizens. Ajmal Kasab was prosecuted and the Pakistan government partly agreed that the plans were made on their soil. In 2016, the Indian army went on a mission to eradicate the terrorist forces in Pakistan which were administered in Kashmir. This was the famous surgical strike that costed a heavy price for the Indian army resulting in the death of 19 of its soldiers. Even in 2019, India conducts an airstrike against Jaish-e-Mohammed killing a sizeable amount of terrorists of the rebel camp. The Conflicts between India and Pakistan is a never-ending one and it always revolves around the possession of Kashmir. India would never surrender Kashmir as it was acquired through the Instrument of Accession and has been a portion of India ever since. Pakistan will never terminate their attacks on the Indian grounds unless and until they capture Kashmir.
INSTRUMENT OF ACCESSION (IOA): A BRIEF EXPLORATION
The instrument of Accession is a binding legal document that was executed by Maharaja Hari Singh of Kashmir during the year of independence of India. The Indian Independence Act of 1947 gave the status of an independent dominion to the country of India. With the consent of the Maharaja and the then Prime Minister of India, Jawaharlal Nehru was embraced Kashmir in the ascendancy of India. However, it enjoyed some exceptional benefits or provisions from that of the supplementary states of India. These special provisions are herein contained within the Instrument of Accession.
CONTENTS OF THE IOA:
The IOA consists of nine notable clauses that the Maharaja himself has specified clearly as to in what matters can the government of India intervene in the internal occurrence of the provincial state of Jammu and Kashmir. It is contained within this legal document that the raja accedes to the predominance of India. The matters in which India can intervene are mentioned in the schedules which give the autarchy for the independent dominion to construct statutes for the state. The terms or expressions of IOA shall not be changed with an effect of an amendment or the Independence Act, 1947. If at all there is a situation as to change or to convert any of the provisions of IOA, the same should win the consent of the Maharaja to validate the necessary effects. The Dominion legislature lacks the competency to legislate any laws pertaining to the mandatory acquisition of land by the government of India. The clauses of this instrument may not be reckoned as a tool for the acceptance of the constitution of India. This instrument also provides for the prolongation of exercising the sovereign competence of the Maharaja within the provincial state without any obstruction from the protectorate of India. It also provides a binding stature to the present laws of that time so that the regulations made by the dominion legislature shall not declare those laws as invalid. The schedule of the Instrument bestows powers to ratify laws for the provincial state. They are provided with powers to formulate laws in the matters of defense, communications, external affairs and ancillary.
REASONS FOR THE EMERGENCE OF IOA:
The Indian Independence Act, 1947 was the main reason behind the construction and execution of IOA. With the proposal of the 1947 Act, the British decided to accord independence to British India. But the material problem began with the same Act that also paved the way for partition dividing British India into two independent dominions namely India and Pakistan. As we all recognize that the partition was a regrettable recommendation and it was solely based on religion. The two-nation theory was a failure that was propagated by the leader of the Muslim League, Muhammad Ali Jinnah. It was rested upon the creation of a nation with respect to the preponderance religion present within its territory. Hence, Pakistan was devised with this flawed ideal consisting only of Muslims as its citizens. Britain was worried about the potential of united India and as a result, was instrumental in the severance of the two countries. Before independence, the Indian nation was composed of British India that was orchestrated by the royal crown and 569 princely states. These princely states were governed and directed by their respective heredity rulers who were given a chance either to unite with India or Pakistan with the formulation of the Indian Independence Act, 1947. The merger of the princely states with the two nations was recognized only after the Governor-General awarded his approval for the same. Such a legal document validating the merger of the princely states with the independent nations is the Instrument of Accession. Maharaja Hari Singh encountered various conundrums before signing the IOA because the majority population of his state was composed of Muslims. Also, the state communications were from the parts of Pakistan, West Punjab and there was no direct surface connection in the means of transportation with India. Another factor was that all the rivers depleted into the sea along Pakistan. All these factors contributed to the delay in addressing the IOA. Pakistan hoped that the Maharaja would accede in their favor as the state had the majority Muslim population and they were under constant British pressure. Pakistan was desperate to acquire Kashmir but the latter had other ideas of merging with India. This outraged Pakistan as a repercussion of which petrol, salt, kerosene, and other necessary trade items were cut off. They even resorted to waging attacks and raids of the frontier outposts of Kashmir. Mehar Chand Mahajan, a royal emissary of Kashmir, was dispatched to Delhi to assess the situation. He also conveyed the Maharaja's inclination to merge with their nation. Following these instances, tribal of Pakistan and their army launched an attack on the state of Kashmir to showcase their displeasure with the Maharaja's merger decision. To counter the threat, Maharaja signed the IOA on October 26, 1947, and the same was approved by Lord Mountbatten, Governor-General. All these reasons contributed to the merger of Kashmir with India thereby facilitating the disclosure of Instrument of Accession.
IMPACT ON THE CONSTITUTION OF INDIA:
The instrument contains various provisions and clauses which is an independent legal document that was drafted to become a portion of the substantial Indian dominion. These provisions cannot be used or the provisions cannot be constructed while drafting the Indian Constitution. The clause 7 of the Instrument of Accession stated that the State would not be impelled to accept the future constitution of India and they may have their own constitution to magnify the spirit of autarchy in the state. Article 370 was embodied in the Indian constitution for the same reason for enhancing the autarchy of the state. As we all are aware that the mentioned Article mandates a "Special Status" to the state of Jammu and Kashmir. The same provides certain unique characteristics from that of the rest of the state.
ARTICLE 370 IN AND OUT: WHAT MAKES IT "SPECIAL"
Article 370 was drafted as a "Temporary Provision" to the Indian Constitution. It acknowledged an autonomous stature to the state of Jammu and Kashmir. The nature of Part XXI of the constitution clearly deals with "Transitional, Special and Temporary provisions. Article 370 is included under part XXI of the Indian constitution. It is imperative to note that all the other provisions that are felicitous in other states of India are not pertinent in Jammu and Kashmir. Therefore, many of the legislative laws start with a note specifying that it is applicable in all the parts of India except in the state of Jammu and Kashmir.
INTERPRETATION AND CONSTITUENTS OF ARTICLE 370:
The Indian parliament cannot take stand alone decisions regarding laws to be applied in the state of Jammu and Kashmir. Parliament has to acquire the state government's unison for the application of laws. Thus, the denizens of the state are governed by separate laws in every aspect. These include laws in the matters of citizenship, fundamental rights, Ownership of property. The residents and citizens of the state have dual citizenship, i.e., they are appraised as denizens of India as well as the state of Jammu and Kashmir. The state also has its own national flag different from that of the tricolor flag of India. The term of the legislative assembly of Jammu and Kashmir is six years but the same is five years for the rest of the states in India. Article 370 also states the revocation of citizenship of Jammu and Kashmir citizens when they marry a person from any other state of India. But they hold their citizenship when they marry a Pakistani citizen. The Centre cannot exercise its power under Article 360 of the constitution whereby declaring financial emergency in the state. However, it has the mastery to proclaim an emergency in matters of war or extraneous aggression. The Union government should possess the concurrence of the state in order to declare an emergency in Jammu and Kashmir. Citizens of India from other states cannot acquire or procure land and other properties in this state. Article 370 clearly states that the parliament does not have the competence to increase or decrease the state's borders. Even the power to enact laws in the matters of preventive detention lies with the legislature of the state. The state has no state list and the legislation's residuary power belongs to the state legislature of Jammu and Kashmir. Part IV and fundamental duties of the constitution are not pertinent to Jammu and Kashmir.
THE RISE OF ARTICLE 370:
Article 370 was placed in the XXI part of the constitution under the title "TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS" which allows autonomy to the State of Jammu and Kashmir. Article 370 is a provision architected by Sheikh Abdullah in late 1947 in association with Jawaharlal Nehru and Maharaja of Kashmir. Sheikh Abdullah, a Visionary also known as the "Sher-e- Kashmir" (Lion of Kashmir) was appointed by the ruler with three other members to the constituent assembly for drafting the special provision. There were serious negotiations going on between the drafting committee which was headed by Ayyangar, an IAS official, a cabinet minister without any portfolio and a former Dawan of Kashmir. The need for special provision is not a sudden propaganda or a reaction of a discrete incident - Kashmiri Muslims are unhappy with the then Maharaja Hari Singh’s rule and feel his policies are prejudiced against them. This is also the time J&K’s first major political party, the National Conference (NC), is born along with its founder, Sheikh Muhammad Abdullah’s, political debut. The Quit Kashmir movement against the maharaja is instigated in the late 1930s which flare up the emotions of Kashmiris. After Independence, India was partitioned into two separate dominions namely the Indian dominion and Pakistan dominion and there were princely states which neither joined the Indian dominion nor the Pakistan dominion.
THE CONSTITUTION MAKERS INITIALLY MADE ARTICLE 370 AS A "TEMPORARY PROVISION":
During the consolidation of princely states 581 provinces accepted to join the Indian dominion, the Herculean task was carried out by Sardar Vallabhai Patel. All princely states had option either to accede Indian dominion or Pakistan Dominion but state of Jammu and Kashmir had a special privilege to be Independent. Maharaja Hari Singh registered the Instrument of accession on 27th October 1947 to be the part of India. The reason behind Jammu and Kashmir joining the Indian dominion is that Kashmir was plagued due to the repeated invasions by the Pathans Tribesmen after independence, So Maharaj wrote a letter to Lord Mountbatten to help them with Military to control the tribesmen. Lord Mountbatten accepted to help with a condition that Jammu and Kashmir must decide about Accession to either of the dominions. As soon as the accession was validated on October 27th, 1947 – The first Sikh battalion of the Indian army was airdropped in Srinagar where they successfully resisted the Pathans invasion and officially confirmed the accession bringing back the peace in Valley.
ARTICLE 370 AND ITS NATURE:
Article 370 is stated as a temporary provision which accords significant provisions and privileges to the State of Jammu and Kashmir. The provision aims to ensure the perpetuation of the autarchy of the state. This was a "temporary provision" in that its applicability was deliberated to last till the formulation and ratification of the State's constitution. The Indian Constitution is a federal structure. The legislation structure is of three types namely the “Union list”, “State list” and “Concurrent list”. Certain subjects (96 subjects) such as defense, foreign affairs, etc. are exclusively reserved only for the union list, whereas subjects (66 subjects) like the prison department, etc are reserved with the State list. Concurrent subjects are which are common both the state and union. Initially, the state of Jammu and Kashmir-the union and concurrent list were limited only to the subjects that were mentioned at the time of accession. Later the concurrence of the state was included. The State would not be impelled to acknowledge the future constitution of India and they may have their own constitution to enhance the spirit of autarchy in the state. (Clause 7 of the Instrument of Accession) The following are the special provisions that are granted under Article 370:
1. The state is not binding to follow the constitution of India and a discrete constitution for the state of Jammu and Kashmir will be adapted.
2. The Central legislation has limited powers only subjects regarding Communication, defense and external affairs are vested to the Central legislation.
3. The various other constitutional competences will be performed by the Centre only on the concurrence with the State.
4. The 'concurrence' was only the time being. It had to be formally consented by the State's Constituent Assembly.
5. No additional or further powers will be enacted once the state constituent assembly is formed.
6. Article 370 could be abrogated or amended only upon the direction of the State's Constituent Assembly.
When Art 370 was initially created, only two provisions of the constitution are applicable and other provisions are subject to modification and exception.
ARTICLE 35(A): A CONSTITUTIONAL OVERVIEW
Article 35(A) of the Indian constitution is a provision which specifically empowers the state of Jammu and Kashmir to legislate who are eligible to be “ Permanent Residents “ of the state and extend special powers and privileges to the people in the state. The provision is enacted in the constitution through a Presidential order under the designation – “The Constitution (Application to Jammu and Kashmir) Order, 1954. The Presidential order was granted under Article 370 (1) d which enables the President to make unequivocal modifications and exceptions to the constitution regarding the state subjects. The main rationale behind this particular provision has roots in the early 20th century, there were slogans rising among the Pandit community stating that “Kashmir for the Kashmiris”. They demanded that Kashmiris alone should be apprenticed in state government jobs. Due to the various pressures the legal recognition for the demand was validated by the Maharaja. The 1927 Hereditary State Subject Order conceded the rights to the state subjects regarding the employment in Government offices, purchase of a property. The order does not provide this prerogative to the non-state subjects. But during the accession the state ceded the power over the subjects like Defence, external affairs and communication to the union. In 1952 all the state government and union government came to a conclusion stating that Indian Citizenship would apply to all the denizens of the state and they also enjoy a power to legislate over the matters regarding the privileges and special provisions to the state subjects who are termed as “Permanent Residents”. Jawaharlal Nehru during his speech in Lok sabha regarding the Delhi agreement stated that there is always a fear among the Raja and people of Kashmir that their holdings and rights will be taken away by the outsiders. Kashmir is known for her mesmerizing landscapes and heavenly climate which induces many Englishmen to settle in Valley. Earlier during the British era the Englishmen settled in Jammu and Kashmir acquiring properties and estates thus the Nativity of the land is lost, so Maharaj made a point that no outsiders must be empowered to settle in Kashmir. He also felt that Kashmir will be a possession to the wealthy, the beautiful piece of land will be under the possession of rich people who use their wealth to destroy the beauty. He also indicated that the Kashmir government was particular regarding the residents as they were afraid that outsiders may again invade their land. So based on all discussions and deliberations in the Delhi agreement the Constituent Assembly of Jammu and Kashmir along with President of India issued the provision which leads to the insertion of Article 35 (A) to the Indian constitution. The important aspect regarding this provision is that enactment was purely an executive obligation performed by the President without the discussion in Parliament. The very nature of Article 35 (A) is to preserve the rights and privileges of the indigenous individuals of Kashmir.
The paramount provisions that are provided under Article 35 (A) are:
1. Any person who is not entitled as “Permanent Resident” under Article 35 (A) is not competent to procure property or real estate in Kashmir.
2. No other person except the state subjects i.e other residents of India are not qualified to reside in Kashmir and are not eligible to cast their votes.
3. Indian citizens are prohibited from endeavoring employment in the state of Kashmir.
REASONS FOR ABROGATION OF ARTICLE 370 AND ARTICLE 35(A):
The annulment of Article 370 was one of the most important manifesto and agenda for most of the rightist political parties.
ANTI-NATIONAL PROPAGANDA:
1. They feel the very nature of Article 370 is a hindrance that prevents the state to be an intrinsic part of India. Article 370 is the reason which makes the people have Anti – Nationalist view. They see themselves as an alien to the Indian Nation.
2. Most of the welfare schemes instituted by the Centre need to be progressed by the state legislature where the automatic extension is not applicable. The people are impoverished in their welfare schemes due to provision. Most of the significant policies introduced by Central like Right to Education, Right to Information (RTI), Mahatma Gandhi National Rural Employment Guarantee which ensures rural employment are not pertinent to Kashmir.
3. Talking in terms of legality, the essence of Art 370 is against the fundamental rights. Article 370 violates Article 14 i.e. Right to equality, Article 15 i.e. Discrimination based on place of birth. Article 19 which is violated freedom of movement is restricted and Article 21 where the right to life and personal liberty is infringed.
4. Article 370 is basically a temporary provision and comes under Part XXI “Temporary, Transitional and Special privileges”. Article 370 is just a temporary provision.
5. The demographic formation of Kashmir is very much affected by the special provision. The valley constitutes of Jammu, Kashmir and Ladakh where the people are largely scattered. A recent census report in 2011 revealed that the preponderance in Kashmir are Muslims ( 68.34 %) and Hindus being ( 28.43 %), whereas the Jammu population is a contradiction to the Kashmir reports whereas the Hindus are a majority in Jammu with 65% and Muslims around 31 %. This shows the irregularity in the demographic formation of Kashmir. The official website of Jammu and Kashmir states that 97% of the populace consists of Muslims. It proves that Article 370 makes it visible that Kashmir is for Muslims affecting the demography.
6. Only the permanent residents are allowed to procure holdings and estates in the state of Kashmir thus preventing outsiders to acquire acres and property in Kashmir whereas the permanent residents are enacted to procure holdings and property outside Kashmir.
7. The outsiders are not tolerated to marry the residents of the state and the rights of the women in regards to share of property are taken away if a Kashmiri woman marries an outsider.
JAMMU AND KASHMIR – VIEW OF THE WORLD:
The Kashmir issue is one of the important issues recognized by the UN. The Kashmir dispute is a major dispute still unsettled. There were a lot of opinions polled out during the abrogation of special provision across the globe. Many countries were for and against the resolution of scrapping Article 370.
PAKISTAN’S VIEW:
The first voice of enmity was raised by Pakistan stating that scrapping of Special provision is “ illegal” and when a dispute is under the UNITED NATIONS SECURITY COUNCIL ( UNSC) it is pondered to be an international problem and not a mere internal dispute. They contended that scrapping was illegal and Kashmir is “disputed territory” the unilateral decision of India is not accepted. Pakistan stated that it was ready to take all possible steps to challenge the action of scrapping the special provision.
CHINA’S VIEW:
China also raised its opinion against the negation of Article 370. China observed that Kashmir being an international dispute, the decision must not be a unilateral decision. It also stated that India failed to have talks with Pakistan and decided the issue unilaterally. They also raised concerns about bifurcating Kashmir and Ladakh into separate Union territories. China raised objections for announcing Ladakh as union territory as they claim some segments of the territory. They stated that they were unhappy about the inclusion of Chinese territories as Indian territories.
EUROPEAN UNION’S VIEW:
European Union extended its aid to India for the revocation of Article 370. A member of the EU supported the bold move and felt that the decision will help the government as well as the world to constraint terrorism in Kashmir region. The special provision abrogation will enhance to destroy terrorism in the PoK. He further appended that abrogation of such temporary and special provisions will be seen as a global stance against terrorists. Terrorists destroy the principles of democracy, human rights and rather impose fear, violence, and justification for killings. He praised India for the valiant move and this resolution will help the country to live with peace and harmony. This decision also ensures integrity in the whole of India and also South Asia.
CONCLUSION:
The abrogation of Article 370 is one of the important political agendas of the rightist party. Abrogation of Article 370 is contemplated as a dauntless move taken by India to curb terrorism, terrorist funding and other activities taken against the harmony of the country. The autonomy and special privileges of the valley are scrapped. Many opinions have been pooled regarding the abrogation, both positively and negatively. Positive opinions claim this move is a colossal tread for controlling terror activities in Kashmir. It is believed that the move will succor to inflate tourism in the valley and generate funds for the state. Most importantly the wall is shattered which enables rest of the Indian residents to purchase and marry the people of valley promoting integrity and feeling that Kashmir is also a part of India. Negatively speaking opinions express that it is really a political motive and undemocratic move. Abrogation of Article 370 is a gross violation of the constitution and unconstitutional. The abrogation affects the basic structure of the autarchy of the state. It affects the rights of the people in Kashmir. To determine whether the resolution to scrap Article 370 is beneficial or not is only to be decided by time. The success or failure of abrogation can be determined only in the long run and the answer to the question can be determined only by time.