The Supreme Court’s ruling on Article 370 marked a pivotal moment in the legal landscape of India, stirring intense debates and discussions across the nation. Article 370 had granted special autonomy to the state of Jammu and Kashmir, and the court’s decision to scrutinize its constitutional validity had far-reaching implications. The ruling, which eventually revoked the special status of Jammu and Kashmir, was met with both acclaim and criticism. Proponents argued that it brought about a long-overdue constitutional uniformity, fostering greater integration of the region with the rest of the country. Detractors, on the other hand, contended that the decision undermined the unique identity and historical context of Jammu and Kashmir. The judgment not only reflected the court’s interpretation of constitutional principles but also had broader geopolitical implications, influencing the delicate balance in the region. The aftermath of this ruling would undoubtedly continue to shape political and legal narratives in India for years to come.
Tag: GS-2 Indian Constitution, Federalism, Parliament
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The recent judgment is a historic and groundbreaking decision that affirms the sovereignty and integrity of India and respects the desires of the people of Jammu and Kashmir.
Article 370: Background and Purpose
- Article 370 in the Indian constitution granted special status to the disputed region of Jammu and Kashmir, allowing it to have its constitution, flag, and autonomy over most matters, excluding defense, foreign affairs, and communications.
- The article was added as a temporary provision in 1949 based on the terms of the Instrument of Accession signed by the ruler of Jammu and Kashmir, Hari Singh, in 1947.
Repealing Article 370: The Government’s Approach
Presidential Order
- In 2019, a Presidential order redefined the “constituent assembly of Jammu and Kashmir” to mean the “Legislative Assembly of Jammu and Kashmir,” enabling the revocation of Article 370.
- Concurrent resolutions in both houses of Parliament were passed, and the Jammu and Kashmir Reorganisation Act, 2019, bifurcated the state into two Union Territories: Jammu and Kashmir, and Ladakh.
Supreme Court Verdict: Key Findings
Article 370 as a Temporary Provision
- The Supreme Court determined that Article 370 was a temporary provision, serving a transitional purpose to establish a Constituent Assembly and facilitate Jammu and Kashmir’s integration into the Union of India.
Governor’s Powers and Proclamations
- The court upheld the governor’s proclamations, stating that the governor (President in J&K’s case) can assume “all or any” roles of the state legislature, and such actions must be judicially tested only in extraordinary cases.
Unilateral Power to Revoke
- The court ruled that the President, under Article 370(3), can unilaterally notify the cessation of Article 370 without requiring the concurrence of the State government.
Validation of Jammu and Kashmir Reorganisation Act
- The court upheld the Jammu and Kashmir Reorganisation Act, 2019, validating the creation of the Union Territory of Ladakh and emphasizing that the State legislature’s views on reorganization are recommendatory.
Reasons Behind Abrogating Article 370
Integration and Development
- Article 370 hindered complete integration and development in Jammu and Kashmir, creating a sense of separatism.
National Security
- Abrogation aimed to strengthen national security by curbing terrorism and separatism supported by Pakistan.
Ending Discrimination
- The move sought to end discrimination against women, Dalits, and marginalized groups.
Transparency and Accountability
- Article 370’s repeal aimed to bring transparency and accountability to the governance of Jammu and Kashmir.
Economic Prosperity
- The abrogation aimed to boost economic development, attract investment, and create jobs in the region.
Impact of Article 370 Abrogation
Decline in Violence
- There has been a significant decrease in terrorist incidents, with security forces countering militant activities effectively.
Improved Economic Development
- Initiatives like PMDP and IDS have spurred economic growth, job creation, and increased tax revenue.
Enhanced Infrastructure
- Investments in infrastructure have led to improved connectivity within the region.
Increased Tourism
- Improved security and marketing efforts have contributed to a surge in tourist numbers.
Conclusion
The recent Supreme Court verdict reinforces the principles of ‘Ek Bharat, Shreshtha Bharat’ and underscores the significance of unity and good governance. This decision reflects the court’s commitment to strengthening the nation’s fabric and upholding core societal values.
| UPSC Previous Year Questions Prelims (2020) Q. Siachen Glacier is situated to the (a) East of Aksai Chin (b) East of Leh (c) North of Gilgit (d) North of Nubra Valley Ans: (d) Prelims (2008) Q. Which one of the following is the largest (area-wise) Lok Sabha constituency? (a) Kangra (b) Ladakh (c) Kachchh (d) Bhilwara Ans: (b) Mains (2016) Q. To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss The future prospects of this provision in the context of Indian polity. Mains (2020) Q. Analyze internal security threats and transborder crimes along Myanmar, Bangladesh and Pakistan borders including Line of Control (LoC). Also discuss the role played by various security forces in this regard. Mains (2019) Q. The banning of ‘Jamaat-e-islaami’ in Jammu and Kashmir brought into focus the role of over-ground workers (OGWs) in assisting terrorist organizations. Examine the role played by OGWs in assisting terrorist organizations in insurgency affected areas. Discuss measures to neutralize the influence of OGWs. |
Source: TH
Frequently Asked Questions (FAQs)
Q: What was the primary rationale behind the Supreme Court’s decision to analyze Article 370?
The Supreme Court’s decision to scrutinize Article 370 was driven by the need to assess its constitutional validity. This article had granted special autonomy to the state of Jammu and Kashmir, and the court aimed to examine whether it aligned with broader constitutional principles and the evolving legal landscape.
Q: How did the Supreme Court’s ruling impact the status of Jammu and Kashmir?
The ruling resulted in the revocation of the special status accorded to Jammu and Kashmir under Article 370. This had profound implications for the region, as it meant a shift from its autonomous status to a more integrated constitutional framework with the rest of India.
Q: What were the main arguments in favor of the Supreme Court’s decision on Article 370?
Advocates of the Supreme Court’s decision argued that it promoted constitutional uniformity and integration, fostering a more cohesive national identity. They contended that it was a step towards ensuring equal rights and opportunities for all citizens across the country.
Q: How did the ruling impact the socio-political dynamics of Jammu and Kashmir?
The Supreme Court’s decision had a significant impact on the socio-political landscape of Jammu and Kashmir. It influenced the power structure, governance mechanisms, and local dynamics, prompting a reevaluation of political relationships and priorities within the region.
Q: What geopolitical implications arose from the Supreme Court’s ruling on Article 370?
The ruling had broader geopolitical consequences, as it altered the status quo in a region with historical tensions. It influenced diplomatic relations, regional stability, and the strategic considerations of neighboring countries, contributing to a redefined geopolitical landscape in South Asia.
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