CSS Pakistan Affairs | The Revocation as the Violation of Indian & International Laws
The following question of CSS Current Affairs is solved by Hinas Khan Yusafzai under the supervision of Howfiv’s Pakistan Affairs and Current Affairs Coaches. She learnt how to attempt 20 marks question and essay writing from Sir Syed Kazim Ali, Pakistan’s best CSS and PMS English essay and precis teacher with the highest success rate of his students. This solved past paper question is attempted on the pattern taught by Sir to his students, scoring the highest marks in compulsory and optional subjects for years, and uploaded to help aspirants understand how to crack a topic or question, how to write relevantly, what coherence is, and how to include and connect ideas, opinions, and suggestions to score the maximum.
Outline
1-Introduction
2-Understanding the Article 370 and 35 (A)
3-Tracing historical roots of the Revocation of Article 370 and 35 (A)
4-Revocation that led to violation of Indian domestic laws
- ✓ Contravention of Article 370 and 35 (A) of the Indian Constitution
- ✓ Disregard for the Instrument of Accession (1947) and its conditions
- ✓ Undermining the Indian Constitution’s guarantees of autonomy for Jammu and Kashmir
5-Revocation that led to violation of international laws
- ✓Ignoring the UN’s stance on the Kashmir dispute and Security Council Resolution
- ✓ Contravention of United Nations Security Council resolutions (1948-1950)
- ✓ Disregard for international human rights law
6-Critical Analysis
7-Conclusion
Answer to the Question
Introduction
The Kashmir dispute between India and Pakistan is a major threat to regional peace in South Asia. Kashmir’s obsession has caused a number of violent conflicts between India and Pakistan since 1947. However, the Indian Constitution Article 370 and 35 (A) introduced in 1950, granted special autonomous status to Jammu and Kashmir, allowing the state to have its own constitution, flag, and laws, with the Indian Parliament having limited powers to make laws for the state. This temporary provision was intended to last until a plebiscite could be held to determine the region’s future. Nevertheless, on August 5, 2019, the Indian government revoked Article 370 through a presidential order, bifurcating the state into two Union Territories and ending its special status, sparking widespread protests, criticism, and legal challenges. Thus, this led to the violation of Indian domestic as well as international laws that altered the region’s relationship with the central government, increasing centralization and controversy.
Understanding Article 370 and 35A
Article 370 was a special rule in the Indian Constitution that gave the state of Jammu and Kashmir autonomy, meaning it had its own constitution, laws, and decision-making powers, except for defence, foreign affairs, and communications. This meant that the Indian government had limited control over the state, and residents had special rights, such as protection from outsiders buying land and special job and education opportunities. However, Article 35A, introduced in 1954 through a Presidential Order, empowered the Jammu and Kashmir state legislature to define “permanent residents” and confer special rights and privileges upon them, including employment, property ownership, and scholarship opportunities. Nevertheless, in 2019, the Indian government revoked these articles, ending Jammu and Kashmir’s autonomy, dividing it into two Union Territories, and giving the Indian Parliament more power to make laws for the region, sparking debate and controversy.
Tracing historical roots of the Revocation of Article 370 and 35 A
The Kashmir dispute is an unfinished part of the partition of India. In fact, the state of Kashmir has been a disputed territory since after the partition. The sovereign of the state was Maharaja Hari Sing, and the state’s population was a Muslim majority. During partition, the choice was given to the ruler to join one or another state. However, the state remained a princely state, and after some time, India invaded the princely state. Pakistan also got involved in the struggle and sent its armed troops as well as a freedom fighter. Therefore, the UN got involved as a third party and asked both states to withdraw their military troops and also suggested that the right of self-determination would be given to the people of J&K through a plebiscite. India then moved from the UN decision. Pakistan and India fought three wars over Kashmir, but the disputed territory remained without any solution. Hence, it is a great anxiety for the international community and particularly for Pakistan as it will risk South Asian peace because of the existence of nuclear weapons.
Revocation that led to violation of Indian domestic laws
The revocation of Article 370 is a blatant violation of Indian domestic laws, contravening the fundamental principles of the Indian Constitution. Firstly, it disregards the Instrument of Accession, which explicitly guaranteed autonomy to Jammu and Kashmir. Moreover, it overrides the Supreme Court’s judgments upholding the validity of Article 370, demonstrating a blatant disregard for the judiciary’s authority. Furthermore, the revocation undermines the federal structure of India, encroaching upon the powers of the state legislature and violating the principles of decentralization.
- Contravention of Article 370 and 35 A of the Indian Constitution
Revoking Article 370 goes against the Indian Constitution by ignoring key agreements and court decisions. It takes away powers from the state government and limits the autonomy of Jammu and Kashmir. It also restricts the freedom of speech and movement of the people, violating their constitutional rights. This move breaks the basic rules of the Indian Constitution and weakens its own legal system.
- Disregard for the Instrument of Accession (1947) and its conditions
The revocation of Article 370 disregards the Instrument of Accession (1947) and its conditions, which granted Jammu and Kashmir a special status within the Indian Union. The Instrument of Accession explicitly stated that the state would retain autonomy in all matters except defence, foreign affairs, and communications. However, the revocation of Article 370 unilaterally alters this arrangement, encroaching upon the state’s autonomy and violating the terms of the Instrument of Accession. Hence, this move disregards the historical agreement between the Maharaja of Jammu and Kashmir and the Indian government, undermining the trust and consent upon which the state’s accession to India was based.
- Undermining the Indian Constitution’s guarantees of Autonomy for Jammu Kashmir
The revocation of Article 370 undermines the Indian Constitution’s guarantees of autonomy for Jammu and Kashmir and freedom of speech and movement. By abolishing the state’s special status, the Indian government has encroached upon the autonomy granted to Jammu and Kashmir, violating the Constitution’s federal structure and decentralization principles. Additionally, the revocation has led to draconian restrictions on the people of Jammu and Kashmir, including curbs on freedom of speech, movement, and assembly, violating their fundamental rights enshrined in the Constitution. Hence, this move has effectively rendered the people of Jammu and Kashmir second-class citizens, denying them the basic rights and freedoms enjoyed by other Indian citizens.
Revocation that led to violation of international laws
- Ignoring the UN’s stance on the Kashmir dispute and Security Council Resolution
The revocation of Article 370 is an egregious violation of international laws, brazenly disregarding the United Nations resolutions and international human rights standards. To begin with, it contravenes the UN Security Council resolutions, which recognized the Kashmiri people’s right to self-determination and mandated a plebiscite to determine their future. Moreover, it violates the International Covenant on Civil and Political Rights (ICCPR), which guarantees the rights to freedom of speech, assembly, and movement, all of which have been severely curtailed in Jammu and Kashmir.
- Contravention of United Nations Security Council resolutions (1948-1950)
The revocation of Article 370 contravenes United Nations Security Council resolutions (1948-1950), which recognized the Kashmiri people’s right to self-determination and mandated a plebiscite to determine their future. By unilaterally altering the status of Jammu and Kashmir, India has disregarded the UN’s resolutions and the international community’s commitment to the region’s autonomy. This move undermines the principles of international law, including the right to self-determination and the protection of minority rights, and ignores the UN’s repeated calls for a peaceful resolution to the Kashmir dispute.
- Disregard for international human rights law
The revocation of Article 370 by India has led to a blatant disregard for international human rights law, violating the rights of the Kashmiri people to self-determination, freedom of speech and movement, and protection from arbitrary detention and torture. The move has resulted in widespread human rights abuses, including restrictions on freedom of expression, assembly, and movement, as well as reports of arbitrary detentions, torture, and enforced disappearances. The Indian government’s actions have denied the Kashmiri people their fundamental rights and freedoms, contravening international human rights standards and norms, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
Critical Analysis
Under the critical lens, India’s revocation of Article 370 is a clear violation of both Indian and international laws. It goes against the country’s constitution, disregards Supreme Court decisions, and disrespects the rights of the people of Kashmir. Internationally, it ignores UN resolutions and violates human rights laws, leading to widespread abuses. The global response has been weak, and Kashmiris are fearful of losing their identity and autonomy. This move undermines India’s constitution and shows disregard for global norms and human rights.
Conclusion
Towards the crux, India’s revocation of Article 370 violates domestic and international laws, disregarding constitutional principles, human rights, and global norms. It undermines India’s federal structure, ignores UN resolutions, and leads to human rights abuses. The global response has been weak, and Kashmiris fear losing their identity and autonomy. This move undermines India’s constitution and its commitment to human rights.
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