Article 370 is a clause that guarantees special status to the state of Jammu and Kashmir. The minister of state, in the Prime Minister’s office, Jitendra Singh triggered a burning controversy after he pitched for a debate on the BJP’s stand demanding the repeal of Article 370. This article has been one of the most important ones due to the political head block in Jammu and Kashmir.
Singh, BJP MP from the from Udhampur in J&K agreed that the debate would help convince the “unconvinced” that the article had worked more to Jammu and Kashmir’s disadvantage.
So, now with that, to understand whether the scrapping of article 370 is a good idea, we need to know three things:
1. What is Article 370 in detail
2. Provisions of Article 370
3. Pros and Cons of Article 370
So, Article 370 of the Indian constitution is a “temporary and transient provision” which grants autonomous status to Jammu and Kashmir under part XXI of the constitution of India, which deals with “Temporary, Transitional and Special Provisions”, the state of Jammu and Kashmir.
The provision of Article 370:
According to this article, except for defense, foreign affairs, finance, and communications, Parliament needs the state government’s concurrence for applying all other laws. Thus, the state’s residents live under a separate set of laws including those which relate to citizenship, ownership of property and fundamental rights, as compared to other Indians. As a result of this provision, Indian citizens from other states cannot purchase land or property in Jammu and Kashmir. Under article 370, the centre has no power to declare a financial emergency in the state. It can declare an emergency in the state only in case of war or external aggression. The union government can therefore not declare an emergency on grounds of internal disturbance or imminent danger unless it is made at the request or concurrence of the state government.
There are some cons of Article 370:
1. Encourages separationist tendency as J&K have a very different system and ideology from the rest of the Indian system, it causes crashes and conflicts which lead to a distinct line between Jammu and Kashmir and India, thus resulting in a greater separationist tendency from the state of Jammu and Kashmir.
2. No outsider is allowed to purchase land in Jammu and Kashmir, restricting the chances of the establishment of factories or industries from well-established industrialists who can bring development and employment to the valley.
3. Lack of medical facilities because there are fewer private hospitals and the condition of government hospitals is poor.
4. Due to a lack of employment and a lack in the number of jobs, youth gets involved in terrorism.
5. Jammu and Kashmir face increased corruption due to dimply the in-application of many constitutional checks.
6. A woman, upon marrying an Indian from any state other than the J&K, loses her citizenship and can no longer hold any property to her name. However, upon marrying a man from Pakistan, the groom would get J&K citizenship and the couple can hold property in J&K.
Pros of article 370:
1. As outsiders are not allowed to buy property, the residents have an advantage in the sense to be able to successfully develop their businesses without the competition of external firms and this grants more opportunities to the locals in the fields of employment.
2. Less or zero migration helps control the population in the valley, leading to a better and more sustainable climate.
3. The article honors the Indian Government’s promise to protect the Kashmiris’ status.
Based on all the facts that I have considered here and my personal belief that maybe at the time when the article was introduced, it might have been a good idea but now, seeing the circumstance, I feel it is better to abolish the article entirely. Moreover, the article was never meant to go on for so long in the first place. Residents of Jammu and Kashmir will now be governed by laws common to all Indians. Due to the article, J&K was also considered to be alienated from the rest of the country and with the scrapping of the Article, J&K has been unified with the rest of the nation. I support this historic decision of removing Article 370 from the Indian Constitution and believe that it will benefit not only residents of J&K but also the whole of India in the years to come.
