Article 370 Scrapped: Step towards development or not !

Article 370 Scrapped: Step towards development or not !

Hello friends!

                   Hope you all are good. Today we will talk about how history of Jammu and Kashmir changed on 5^th August. Government has taken new step for national integration by scrapping Article 370 and Article 35(A). Now discuss in detail whether repeal of Article 370 will bring prosperity and more investment in State or not?

Article 370:

Article 370 provides special status to Jammu and Kashmir under Part XXI of Constitution of India. It is the only state in Indian Union which had its own separate State constitution. Initially its ruler ‘Maharaja Hari Singh’ decided not to join India or Pakistan and remain independent. On 20^th October 1947, the ruler decided to accede the state to India. ‘Instrument of Accession of Jammu and Kashmir to India’ was signed by Pandit Jawahar Lal Nehru and Maharaja Hari Singh on 26^th October 1947.

How Article 370 came about:

1. At the time of independence there were 565 princely states and on March 1948 after independence Maharaja Hari Singh made a procalimation to convene a National Assembly and work out a new constitution for state.

2. On November, 1949 Indian Constitution adopted and in May 1951 Yuvraj Karan Singh issued a proclaimation for election of Constituent Assembly in State.

3. In February 1954, Jammu and Kashmir’s Constituent Assembly ratified the States accession to India. The process of integration with India was complete. But Jammu and Kashmir’s relationship to India was guided only based on ‘Instrument of Accession’.

All above events trigger to give special status to Jammu and Kashmir.

Article 35A:

This Article protected the laws such as bar on outsiders buying property in the state and women marrying non-kashmiris losing their property rights.

Scrapping of Article 370:

1. On 5 August Union Home Minister brought a resolution in Lok Sabha to Scrap Article 370. Clause (3) of Article gives President of India the power to amend provisions of Article 370.

2. To scrap Article 370 altogether, a few clauses were added to ‘Article 367’ which contains “Interpretations”: the reference to the ‘constituent assembly' was amended to read ‘Legislative assembly of the State’. All references to ‘Sadar-i-Riyasat’ will be constructed as references to Governor.

Changes after Repeal of Article 370:

1. President Ram Nath Kovind declared that all provisions of the constitution shall now apply to the state. Jammu and Kashmir looses special status. There will be no separate flag for Jammu and Kashmir.

2. Two Union Territories to be formed out of State of Jammu and Kashmir. ‘UT of Ladakh’ (Kargil and Leh districts) and ‘UT of Jammu and Kashmir’ (all other districts of state of Jammu and Kashmir).

3. Both UT’s to have L-G, now the Governor of the State Satya Pal Malik will continue as both positions.

4. Four sitting Rajya Sabha members of the State will become MPs of UT of Jammu and Kashmir.

5. Five Lok Sabha seats to go to UT of Jammu and Kashmir.

6. Legislative Assembly of UT of Jammu and Kashmir will have 107 seats to be chosen through a direct election.

7. One Lok Sabha seat to go to UT of Ladakh.

8. 24 seats in PoK (Pakistan oocupied Kashmir) will be vacant.

9. ‘Article 370 (3)’ has been amended to read Legislative assembly of State.

10. In India now there will be ’28 States’ instead of 29 and ‘9 Union Territories’ instead of 7 Union Territories.

11. There will be no Dual citizenship now.

12. Indian Penal Code will replace Ranbir Penal Code of J&K.

13. Article 360 (Financial emergency) will now be applicable in State.

14. Right to Information (RTI) & Right to Education (RTE) Act's will be applicable in J&K.

15. Article 35(A) originates from provisions of Article 370 stands null and void.

16. Ladakh will not have a legislature while J&K will have one legislature.

17. All the changes have been brought through ‘Jammu and Kashmir Reorganization Bill 2019’.

Changes after Repeal of Article 35A:

1. Now Indian people from rest of states can acquire property in Jammu and Kashmir.

2. People can settle there with equal rights.

3. Children of a woman marrying outside Jammu and Kashmir will not lose property rights.

Advantages of Article 370:

1. Earlier an outsider cannot buy property or land in J&K so this makes the price of real state under control.

2. Earlier an outsider can’t get job in state government. Hence competition was low for people of J&K.

3. There was not any population explosion as it happens in cities like Delhi, Mumbai and Bangalore etc.

Disadvantages of Article 370:

1. Terrorism was high because of Dual Citizenship.

2. Medical facilities were not so good.

3. Due to Section 370, RTI, RTE and CAG were not applicable in Kashmir.

4. Low employment because of lack of private sector industries.

Supporting side of Article 35A:

1. Himachal Pradesh and Uttrakhand also have laws which say that no outsider can buy land.

2. Article 35A follows Instrument of Accession and guarantee given to Sate of J&K that State’s autonomy will not be distributed.

Critical Side of Article 35A:

1. It had created class within a class of India citizenship.

2. It had treated non-permanent residents of J&K as second class citizens.

3. Refugees who migrated to J&K during Partition were not treated as 'State Subject' under constitution of J&K.

4. Non-permanent residents of J&K were not eligible for employment.

How scrapping of Article 370 will be beneficial:

1. It will bring development, tourism and industries in J&K.

2. It will generate skilled employment in a manner that the youth will gainfully employed and weaned away from radical thoughts.

3. It will provide more freedom, space and strengthen their rights much more than alternatives proposed by other separatists.

4. Implementation of schemes such as Mahatma Gandhi National Rural Employment Guarantee Act, Mid day Meal Scheme, Integrated Child development Scheme, Social Forestry projects etc.

5. It will uplift medical facilities in the state, improvement in health institutions, will monitor School education. For example: IITs, AIIMS and other institutions can be opened.

6. It will control corruption in the state like Savonarola like campaign against corruption.

7. It will control terrorism in the state because one of the leading causes of youth angst and alienation is nepotism, corruption.

8. It will create institutions of academic and extra curricular excellence.

9. Now IT firms can acquire land in the state to operate their IT and other business.

10. Small business can grow with help of digital India and start up India initiatives. Thus it will enhance economic growth in State.

At last we can conclude that the state is full of beautiful scenic nature had become battlefield, violence, bomb blast, insurgency, terrorism, murder of innocent people. Now government has taken bold steps to scrap Article 370. Hope it will pave the way for making a Switzerland of India, because earlier it was considered that Article 370 was a barrier in path of development of State and Country. 

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