CSS Pakistan Affairs | Planning of the revocation of Kashmir’s Special Status
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Outline
1-Introduction
2-Understanding the Article 370 and 35A and objectives
3-Revocation of Kashmir’s special status
- ✓ Executive move involving revocation
- Case in point: The government, led by Prime Minister Modi, playing a crucial role in revoking Article 370, the long-standing ideological commitment of the BJP
- ✓ Legislative move involving revocation
- Case in point: The Indian Parliament, including both the Lok Sabha and Rajya Sabha, passing the necessary legislation to revoke Article 370
- ✓ Judiciary move involving revocation
- Case in point: The Supreme Court of India previously heard several petitions challenging the validity of Article 370, and its judgments paving the way for the government’s decision
4-Critical analysis
5-Conclusion
Answer to the Question
Introduction
The revocation of Kashmir’s special status, also known as Article 370, was a controversial decision made by the Indian Union in August 2019. The article was seen as a key factor in maintaining the state’s autonomy and unique cultural identity, including Kashmir’s separate constitution, flag, and laws, and the Indian Parliament would have limited powers to make laws for it. However, supporters argue that it would promote development and unity, but unfortunately, it is an attack on the state’s autonomy and identity. Indeed, the revocation of Kashmir’s special status was not the agenda of one person only, it involved all three pillars of the Indian Union in this revocation, like Modi’s government announced this revocation, which is a long-standing ideological commitment of the BJP, the Indian Parliament passed the necessary legislation, and the Supreme Court of India previously heard several petitions challenging the validity of Article 370, and its judgments pave the way for the government’s decision. Therefore, the abrogation was seen as an attempt to transform the long-standing international dispute over Kashmir into a domestic issue within India’s borders.
Understanding Article 370 and 35A and objectives
The Instrument of Accession grants the State of Jammu & Kashmir federal autonomy within the Union of India, except for Defense, Central Finance, Communications and Foreign Affairs. In 1950, the Indian-Occupied Kashmir Constituent Assembly was established with the authority to create its constitution and endorse relevant articles of the Indian Constitution. Furthermore, Articles 370 and 35A include Jammu & Kashmir State has its own constitution, promoting dual citizenship, and Indian citizens cannot buy land or property in the state. Emergency declarations are limited to war or aggression, and Governors can be appointed after consultation with the Chief Minister. Moreover, the State Legislature has the authority to make laws and change territory without Parliament’s consent. Indeed, Article 370 and 35A were of symbolic significance for the people of Jammu and Kashmir, as they preserved their identity and culture despite their facing Indian aggression, brutality, and tyrannical rule.
Steps involved in the revocation of Kashmir’s special status
- Executive move involving revocation
A significant milestone in the BJP’s Kashmir policy was the repeal of Article 370 in 2019, which granted special status to J&K. In August 2019, the Indian government led by Prime Minister Narendra Modi revoked Article 370, dividing the state into two union territories and bringing it under direct central control. This move aimed to bring J&K at par with other Indian states and promote national unity. Despite being a permanent status, the BJP government forcefully abrogated this legislation, effectively converting the state into a sub-jail. Additionally, the BJP’s ideology is also influenced by Hindutva, which emphasizes Hindu cultural and religious identity. In Kashmir, this translates to promoting Hindu heritage and values and addressing the concerns of the Hindu population, particularly in the Jammu region. Thus, the BJP often emphasizes the distinct identity and concerns of the Jammu region, which has a Hindu majority and seeks to address its perceived neglect.
- Legislative move involving revocation
The Indian Parliament, including both the Lok Sabha and Rajya Sabha, passed the necessary legislation to revoke Article 370. The legislative move involved key players, including Home Minister Amit Shah, who introduced the bills in Parliament, and Prime Minister Narendra Modi, who supported the move. President Ram Nath Kovind played a crucial role in issuing the Presidential Order that set the process in motion. The Indian Parliament passed the Jammu and Kashmir Reorganization Act, 2019, which bifurcated the state of Jammu and Kashmir into two union territories: Jammu and Kashmir and Ladakh. Thus, the legislative move paved the way for the revocation of Article 370, which granted special autonomy to the region of Jammu and Kashmir.
- Judiciary moves involving revocation
The Supreme Court of India had previously heard several petitions challenging the validity of Article 370, and its judgments paved the way for the government’s decision. However, the decision was widely criticized by many, including political parties, civil society organizations, and individuals, who argued that it was an attack on Kashmir’s autonomy, cultural identity, and constitutional rights. The Supreme Court has issued notices to the Centre and the Jammu and Kashmir administration, seeking their responses to the petitions. A five-judge Constitution Bench has been appointed to hear the petitions. However, the Court has refused to pass an interim order to restore Articles 370 and 35A, allowing the petitions to be heard instead. Thus, the Court’s decision made revocation legal in the Indian Union.
Critical Analysis
Critically, on the legal front, the action has obliterated the political rights of Kashmiri Muslims and violates its international obligation in the region. The move has also led to a collapse of bilateral agreements on the IIOJ&K dispute between Pakistan and India. Moreover, the region has witnessed a rise in unlawful killings perpetrated by armed groups. Reports from the Jammu & Kashmir Coalition of Civil Society (JKCC) indicate that in 2019 alone, Indian forces carried out 195 search and cordon operations, resulting in the deaths of 165 individuals after August 5. This report highlights the significant impact on the region’s economy and employment prospects. Thus, this is the strongest indicator of the clear and present danger of India as a violator of its international obligations.
Conclusion
In short, all these steps taken by the three pillars of the Indian Union regarding the revocation of Article 370 and 35A prove that it was not the agenda of one person only. It was a collective decision made by multiple leaders and institutions. In this context, the Indian government revoked Article 370, which granted special status to Jammu and Kashmir, through a Presidential Order and the Jammu and Kashmir Reorganization Act, 2019. The move has been challenged in the Supreme Court, which is hearing petitions regarding its constitutional validity. The Court has issued notices, appointed a Constitution Bench, and refused to pass an interim order to restore
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