Removal of Article 370 is valid: Historical verdict have announced by the Supreme Court 

On December 11, 2023 judgement of Supreme Court has announced. 5 benches of Chief Justice have given 3 judgements. There are three judgments, including one authored by CJI Chandrachud; Justice Suryakant and Justice BR Gavai; Justice Sanjay Kishan Kaul-and Justice Sanjeev Khanna have authored separate, concurring opinions for themselves. However, all the judgments are concurring.

All three judgments, written by CJI Chandrachud, Justice Suryakant and Justice BR Gavai, and Justice Sanjay Kishan Kaul along with Justice Sanjeev Khanna, are in agreement

Article 370 was a special provision in the Indian Constitution that gave the state of Jammu and Kashmir a certain level of autonomy. It granted the state its own constitution and decision-making powers, different from other states in India. However, it has been abrogated, meaning it has been removed, leading to changes in Jammu and Kashmir’s status.

Amit Shah stated in Parliament that Article 370 was linked to frequent terrorist attacks in Jammu and Kashmir. He pointed out that other border states with Pakistan didn’t face the same issue. He explained that despite higher Muslim population in Bihar and UP compared to Kashmir, terrorism wasn’t as severe there.

Government of India had removed article 370 on August 5, 2019 which was very important for the national security of the nation and development of the Jammu and Kashmir. After the removal lots of Petition was being filed in the Supreme Court. After 4 years Supreme Court has now give the verdict in the favor of Government of India. And confirm that the article 370 has been removed by Indian Government in the legitimate manner.

During the 2019 BJP election campaign, a significant promise was the removal of Article 370. After winning the election, BJP, formed the government, and after couple of month initiated the process to eliminate Article 370. The CJI’s judgment supports removing Article 370, but suggests we should talk more about whether it’s okay for the government to change a State into a Union Territory.

Background story of Article 370 and 35A:

1. On date of October 26, 1947 instrument of accession was sign between government of India and Maharaja Hari Singh. On the day Jammu and Kashmir was become the part of India.  On October 17, 1949 article 370 was inserted in the constitution of India. On January 26, 1950 constitution of India came into force. First is “Article 1” which declares Jammu and Kashmir as a state of India and second is “Article 370” which states about the temporary status of Jammu and Kashmir.
2. Whatever changes made in 35A and 370 is done through specific presidential orders. Similarly on 14 may 1954 a specific order was passed by Dr. Rajendra Prasad which name was ‘The constitution application to Jammu and Kashmir’ order 1954.
3. From this presidential order in 1954 Article 35A was included in our constitution. This is the article which prohibits other Indian citizens and tells that who can be a permanent resident in Jammu and Kashmir. The next is 17 November 1956, on this day constitution of Jammu and Kashmir was started to be applicable. The constitution of Jammu and Kashmir also declares that it is the integral part of India.
4. After that we come to 2015, where Bhartiya Janta Party formed government along with people’s Democratic Party. Further in 2016, Mehbuba mufti was made chief minister of Jammu and Kashmir.
5.  We come to 2018 where BJP breaks their alliance with PDP. According to the constitution of Jammu and Kashmir article 92 says that if states constitution machinery is not running properly, then governor rules takes over from there, so from 2018 governor rules starts in Jammu and Kashmir.
6. In May 2019 BJP wins in parliamentary elections and the election manifesto of BJP clearly stated about the removing of 35A and article 370 from Jammu and Kashmir.

Let’s understand the adverse effects of the article 370 and article 35A:

1. Dual Citizenship: Jammu and Kashmir (J&K) residents enjoyed dual citizenship, holding Indian citizenship along with a separate status within the state.
2. Special Powers Conferred: The state of J&K had special autonomy, allowing it to have its own constitution and decision-making powers in various matters, except defense, communications, and foreign affairs.
3. Article 356 and 360 Not Applicable: The provisions of Article 356 (President’s rule) and Article 360 (financial emergency) of the Indian Constitution were not applicable to J&K.
4. Separate Flag: J&K had the privilege of having its own flag, in addition to the national flag of India.
5. No Reservation for Minorities: unlike other states, there was any provision for reservation for minorities in educational institutions and government jobs in J&K.
6. Separate Constitution: J&K had its own constitution, which defined the powers and functioning of the state government.
7. Property Rights for Women: If a woman from J&K married a non-state subject, she would lose her property rights in the state.
8. Restrictions on Land Ownership: People from other parts of the country were prohibited from buying land or settling in J&K, ensuring a certain level of exclusivity in terms of land ownership and residence.

All this resulted into discriminations between women and men. Unemployment in the state, increased in the terrorist attack and benefits of the policies made by government were not reached to the normal public.

Restrictions used to impose on the non-citizens of Jammu and Kashmir which went there. Therefore, no one willing to go there which ultimately resulted into under development of state unlike other states of India. 

Jammu and Kashmir was altogether not integrated in the united India due to article 370. This used to damage the unity of united India.

Removal of article 370 ended this issue. Now after 4 years we can observed the difference in the situation, in terms of growth in tourism, foreign direct Investment in state, infrastructure development, reduced in the terrorism, improvement in the quality of people.

Conclusion:

Supreme Court gives verdict on petition filed on decision taken by government of removal of article 370 of constitution of India on August 5, 2019 which used to give special status to Jammu and Kashmir. As per the verdict, Government of India has removed the article 370 in the legitimate and legal manner. Therefore, the decision is valid. This historical verdict has been given by the 5 benches of justice.  

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