THE ABROGATION OF ARTICLE 370: SOCIAL AND ECONOMIC IMPLICATION ON JAMMU AND KASHMIR

This paper analyses the merging of Jammu and Kashmir under the pretext of Article 370 to the Indian Union with the aid of Instrument of Accession which was introduced in the year 1925, to enable the princely states to join one of the dominions created by the partition of British India. Jammu and Kashmir known for its scenic beauty and diverse geographical locations, stands in sharp disparity to the menacing entity of nepotism, corruption, and injustice towards children, women, and minorities. However, on August 5, 2019, Article 370 of the Indian constitution was abrogated. The scrapping of this article was a historic move that had consequential results for the state of Jammu and Kashmir. This study mainly focuses on the social and economic status of the people before and after the revocation of Article 370 of the Indian Constitution.

Keywords- the instrument of accession, disparity, abrogated, revocation, princely states, and injustice.

INTRODUCTION

The presidential order was superseded and all the provisions of the Indian constitution were made applicable to the entire state of Jammu and Kashmir by the Government of India on August 5^th, 2019. A 2/3^rd majority was passed in both houses of the parliament to scrape Article 370.^[1][2][3] The President under Article 370 clause (1) and clause (3), on the assistance of the parliament announced that the special status granted to the state of Jammu and Kasmir shall cease to be functional.

BACKGROUND

The Instrument of Accession was signed by King Hari Singh on October 26^th, 1947. The reason behind the signing of the instrument of accession was because of the infiltration by the militants from Pakistan. The king turned towards India for protection but the Indian government agreed to send forces only if the Instrument of Accession was signed and a renowned politician, Sheik Abdullah was released and involved in the state government of Jammu and Kashmir.^[4][5]

After the Instrument of Accession was accepted by the Indian Government, a proviso was added stating “reference to the People” because only the people residing in Kashmir could decide where they wanted to live and not based upon the decision of the king.^[6][7]

It can also be noted here that Clause 7 of Article 370 mentions that the future constitution of India cannot apply to the people of Jammu and Kashmir. After the constitution was adopted in 1950, Jammu and Kashmir was added to Article 1 and it became an irreversible part of the Indian territory by enjoying the special status granted under Article 370.

It was on August 5^th, 2019, that a Presidential order was passed superseding the order of 1954 thereby making all the provisions of the Indian constitution applicable to the state of Jammu and Kashmir.

It was in 2019 that the Jammu and Kashmir Reorganisation Act was passed converting the states into union territories(i.e., the Union territory of Jammu and Kashmir and the Union territory of Ladakh.

AIM OF STUDY

To analyze the overall social development of the state before and after the scrapping of Article 370.
To analyze the economic development of the state before and after the Abrogation of Article 370.

METHODOLOGY

Nature of research	Descriptive nature
Source of data	Secondary sources and Primary sources.
Organizing tool	Table and bar graphs
Variables of research	Social developments Education.Mobility.Human rights. Migration.Economic developmentsTourism.Government expenditure. Literacy rate.Economic growth.

LITERATURE REVIEW

A commentary published by Mr. Vivek Kumar Mishra in the Indian Journal of Asian Affairs under the title “The Abrogation of Article 370- International Reactions 33(1/2),120-129, 2020”, mentions that the state of Jammu and Kashmir was transformed into Union Territories. The current government would have overall legislative power over the newly created union territories of Jammu and Kashmir and Ladakh. The real reason behind the Abrogation of Article 370 is inferred to cross-border terrorism in Jammu and Kashmir. ^[8]As per him, Article 370 was the reason behind the slow process of decentralization of Jammu and Kashmir. The special status granted to the State of Jammu and Kashmir hindered the overall growth of the state and eventually led to evil practices such as poverty, terrorism, and corruption. The repealing of the article improved the lives and the socio-economic conditions of the state. Dhanaji Mukund Rao Jadhav, and Aishwarya Krishnan, in a research paper titled “ Constitutional and Political Intricacies Involved in Abrogation of Article 370 Revista Geintec- Gestao Inovaco E Tecnologias 11(4), 5306-5323,2021” mention that though the special status was granted to the state of Jammu and Kashmir, it is temporary and controversial as it had been politicized. Both the authors feel that the article was abrogated in a manner which is of great concern because though it was a great attempt from the side of the government it was politically judicious.^[9]

OBJECTIVES

In this part, we will be discussing two objectives which are mentioned as follows:

Reason behind the scrapping of the article and its impact on the state.
The social and economic impact on the people of Jammu and Kashmir.

Analysing the reason behind scrapping of the article and its impact on the state

Prime Minister Narendra Modi always emphasized the fact that Article 370 only paved the way for terrorism and corruption. It never really benefitted the people in any manner and just worsened the situation of those residing in the state of Jammu and Kashmir. One of the provisions mentioned under Article 370 was no investments or purchasing could be made in the state. Therefore, the scrapping of such an Article paved the way for more investments and establishments which would eventually increase not just productivity but also the overall well-being of the people.

There were certain implications with the abrogation of Article 370, they are explained as follows:

Article 35 A was abrogated along with Article 370. Women from Jammu and Kashmir had no rights over their lands in the state if they happened to marry a person who did not belong to Jammu and Kashmir.
Since the abrogation of Article 370, the Indian flag shall be hoisted in the state and also all the provisions of the Indian constitution shall apply to the people residing in the state. The special status to have their laws is scrapped after the abrogation.
The Indian government will have overall control over the government in the Union territories. The centre will have the power to frame laws and legislation.
The Ranbir Penal Code (RPC) will be replaced by the Indian Penal Code(IPC) in both Union territories. The Lieutenant Governor has replaced the governor since the scrapping of the article.

Certain social and economic impacts on the state of Jammu and Kashmir

The very first reason was poor investments in the state. The reason was because of the inability to purchase lands by the people from other states or countries. The presence of Article 370 restricted people from purchasing or constructing any establishments in the state.
Poverty is another reason because of the concentration of wealth and corruption by those with manpower.
Geographical region is another factor because of the distance traveling to the markets and unapproachability.
Because of the availability of a separate constitution under Article 370, they could make their own rules and provisions. This eventually led to discrimination between people.
Ever since the scrapping of the Article and Bifurcating these states as Union territories, the law and order of the state shall be reconstructed by the central government.
One main feature that granted the rights to the people of Jammu and Kashmir after the scrapping of Article 370 was the right to vote, which people did not enjoy or exercise during its existence (i.e., Article 370).
A major achievement ever since the scrapping of Article 370 was the return of Kashmiri Pandits back to their hometowns.
The scrapping of the Article also helped in increasing tourism within the Union territories.
Rights under the Indian laws. Under this, even women shall have equal rights over property and in making major decisions regarding their lives or professions. People from SC/ST also have certain reservations in the government and their offices across the Union Territories.
It has also helped in bringing investors to the union Territories. There are also chances of an Investors summit being organized in the Union Territories. Investment sectors involve industries such as pharmaceuticals, hospitality, and healthcare, etc. This will lead to the overall economic development of the Union territories.
The right to education will be available to all the children in the former state of Jammu and Kashmir. It can be noted that 25% of reservations are available to underprivileged children.
The carrying out of business will become an easy task because of the prevalence of Indian laws which benefit all investors, businessmen, and industrialists. It will also help in improving state-to-state trade relations and help in improving the lives of the people.

Graphical representations

FIGURE 1. This is the graphical representation of unemployment in the state of Jammu and Kashmir

FIGURE 2. is a graphical representation of the rise in killings of people after the relaxation of the shutdown which was imposed in the state after the abrogation of Article 370. ( report taken in the year 2020)

FIGURE 3. Graphical representation of the increase in investments and purchases of lands after the abrogation of Article 370.

CONCLUSION

I would like to conclude by stating that the abrogation of Article 370 is a good initiative taken by the government because of the enormous changes in the social and economic welfare of the Union territories. It has also ensured that the human rights that were once violated by the politicians or the ones who had the manpower or by corruption can no longer be entertained. It was also noticed that Article 370 separated the entire state of Jammu and Kashmir from the rest of India, by scrapping such an article, it has now been included in the country as Union territory. Now the union territories must follow the laws and provisions that have been enshrined under the Indian constitution and can no longer have the autonomy to make their laws as previously described under Article 370. Conclusively it has a positive impact on the overall well-being of the people and the Union territories.

REFERENCES

FOOTNOTES

“Parliament approves Resolution to repeal Article 370; paves way to truly integrate J&K with Indian Union”. pib.gov.in.
^ Jump up to:^a ^b ^c ^d ^e K. Venkataramanan (5 August 2019), “How the status of Jammu and Kashmir is being changed”, The Hindu
^ Article 370 rendered toothless, Article 35A ceases to exist, The Economic Times, 5 August 2019.
Raghavan, War and Peace in Modern India 2010, p. 105.
^ Jha, The Origins of a Dispute 2003, p. 47
Varshney, Three Compromised Nationalisms 1992, p. 194.
^ Khan, Nyla Ali (2010). Islam, Women, and Violence in Kashmir: Between India and Pakistan. Palgrave Macmillan. pp. 30–. ISBN 978-0-230-11352-7.
Google Scholar, https://scholar.google.com (last visited on 12 December)
Google Scholar, https://scholar.google.com (last visited on 14 December )

NAME – NAMRATHA MURTHY

COLLEGE – KRISTU JAYANTI COLLEGE OF LAW, BANGALORE

THE ABROGATION OF ARTICLE 370: SOCIAL AND ECONOMIC IMPLICATION ON JAMMU AND KASHMIR

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