Article 370 and its subsequent modifications have been pivotal in shaping the relationship between the state of Jammu and Kashmir and the Indian Union. Here are some key points to consider:
- Historical Context: Article 370 was introduced into the Indian constitution on October 17, 1949, as a ‘temporary provision’. It granted a special status to the state of Jammu and Kashmir, allowing it to have its constitution and limiting the legislative powers of the Indian Parliament in the state.
- Drafting Process: N Gopalaswami Ayyangar was instrumental in introducing Article 370 into the draft constitution as Article 306 A.
- Constituent Assembly’s Role: Article 370 granted special powers to the Constituent Assembly of Jammu and Kashmir. This assembly had the authority to recommend which articles of the Indian Constitution should apply to the state.
- Dissolution of Constituent Assembly: After drafting the state’s constitution, the Constituent Assembly of Jammu and Kashmir was dissolved. Clause 3 of Article 370 provides the President of India with the power to amend its provisions and scope.
- Article 35A: Stemming from Article 370, Article 35A was introduced in 1954 through a Presidential Order, based on the recommendation of the Jammu and Kashmir Constituent Assembly. It grants special rights and privileges to the state’s permanent residents, as defined by the Jammu and Kashmir legislature.
- Inclusion in Constitution: Article 35A is included in Appendix I of the Indian Constitution.
- Modifications in 2019: On August 5, 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order, 2019, which made significant modifications to Article 370. This action fundamentally changed the relationship between Jammu and Kashmir and the Indian Union.
These historical and legal provisions have had a profound impact on the governance and autonomy of Jammu and Kashmir. The modifications in 2019 marked a significant shift in the political and constitutional landscape of the region.
The constitutional changes made in 2019 brought about significant transformations in the status and governance of Jammu and Kashmir. Here are the key alterations:
- Replacement of Presidential Order: The Constitution (Application to Jammu and Kashmir) Order, 2019 replaced the previous Presidential Order of 1954, fundamentally altering the status of Jammu and Kashmir.
- Creation of Union Territories: The Jammu and Kashmir Reorganisation Bill, 2019 led to the division of the state of Jammu and Kashmir into two new Union Territories: Jammu & Kashmir, and Ladakh. This marked the first instance of a state being converted into a Union Territory.
- Representation in Lok Sabha: Out of the six Lok Sabha seats originally with Jammu and Kashmir, five were retained by the union territory of Jammu and Kashmir, while one was allocated to Ladakh.
- Legislative Assembly for Jammu and Kashmir: The Union Territory of Jammu and Kashmir will have a legislative assembly, similar to Delhi and Puducherry.
- Change in Term Length: The Jammu and Kashmir Assembly will have a five-year term, as opposed to the earlier six-year term.
- Legislative Authority on Subjects: The J&K 2019 Bill, under Section 32, allows the Assembly to enact laws on any subjects in the State and Concurrent lists, except for state subjects related to “public order” and “police.” This is akin to the provisions applicable to Union Territories like Puducherry and Delhi.
- Abolition of Special Status: The special status provided to Jammu and Kashmir under Article 370 was abolished.
- Unified Constitution, Flag, and Anthem: Jammu & Kashmir will no longer have a separate constitution, flag, or anthem.
- Citizenship: Citizens of Jammu and Kashmir will no longer hold dual citizenship. They will be subject to the Indian Constitution’s Fundamental Rights.
- Application of Laws: All laws enacted by the Indian Parliament will apply in Jammu and Kashmir, including legislations like the Right to Information Act and the Right to Education Act.
- Penal Code: The Indian Penal Code will supersede the Ranbir Penal Code of Jammu and Kashmir.
- Nullification of Article 35A: With the extension of all provisions of the Indian Constitution to Jammu and Kashmir, including the chapter on Fundamental Rights, the discriminatory provisions under Article 35A are deemed unconstitutional.
These changes reflect a major reconfiguration of the legal and political framework governing Jammu and Kashmir.
The need for changes to Article 370 and the special status of Jammu and Kashmir was rooted in various factors and challenges:
- Autonomy and Well-being: While Article 370 was introduced to provide autonomy to Jammu and Kashmir, it did not adequately address the well-being of the people in the region. The two generations of insurgency and violence in the state highlighted the shortcomings in the existing framework.
- Regional Disparity: The special status contributed to a growing gap between Jammu and Kashmir and the rest of the nation, leading to disparities in development and governance.
- International Events: Evolving international events, particularly in the western neighbourhood and the prospect of the Taliban’s resurgence in Afghanistan, necessitated greater attention and careful consideration. The geopolitical dynamics in Afghanistan and possible changes in the region could have further complicated the situation in Kashmir.
Challenges faced in implementing the changes:
- Constitutional Challenges: The 2019 Presidential order, which sought to abrogate Jammu and Kashmir’s special status, modified Article 370 without a Constitutional Amendment that would require a two-thirds majority in Parliament. This approach is currently under challenge in the Supreme Court.
- Union Territory Status: The conversion of Jammu and Kashmir into a Union Territory raised concerns about its compliance with Article 3, as the Bill was not referred to the President by the State Assembly. It also required the concurrence of the state government, which, at the time, was under the Governor’s rule. These issues raised questions about federalism.
- International Law Principles: The Instrument of Accession between Jammu and Kashmir and India was akin to a treaty between two sovereign entities. The principles of international law, such as “pacta sunt servanda” (promises must be honoured), were invoked in discussions of this issue.
- Constituent Assembly of Jammu and Kashmir: Some legal arguments suggested that Article 370 could not be repealed without the concurrence of the Constituent Assembly of Jammu and Kashmir. However, the legal interpretation of this requirement was a subject of debate.
The changes made in 2019 marked a significant departure from the past and were met with various legal, political, and constitutional challenges. The process sparked important debates about the constitutional and legal underpinnings of the modifications and their implications for the region.
The abrogation of Article 370 in 2019 was a significant move by the Indian government to fully integrate the state of Jammu and Kashmir into the Indian Union. The decision was driven by several key objectives:
- Promoting Economic Development: The government sought to spur economic growth and development in the region by removing barriers that may have hindered investments and economic progress.
- Ensuring Better Governance: By revoking Article 370, the government aimed to streamline governance in Jammu and Kashmir, ensuring that policies and laws that apply in the rest of India would also be applicable in the region.
- Ensuring Equal Rights: The abrogation was intended to eliminate the special status that Jammu and Kashmir held, thereby ensuring that all citizens across the region would enjoy the same rights and benefits as citizens in other parts of the country.
- Addressing Cultural and Political Distinctiveness: Critics of the move, however, expressed concerns about the potential erosion of the cultural and political distinctiveness of Jammu and Kashmir. They worried that the abrogation could potentially lead to a loss of autonomy and identity.
The present argument in the Supreme Court regarding Article 370 revolves around its categorization as part of the Constitution’s “Temporary, Transitional and Special Provisions” section. The contention lies in whether Article 370 was intended to be a temporary provision or if it acquired a permanent status after the Jammu and Kashmir Constituent Assembly ceased to exist in 1957. The central question before the Supreme Court is whether Parliament had the authority to abrogate Article 370 after 1957 when the Constituent Assembly was no longer in existence. This legal debate will be crucial in determining the constitutional validity of the abrogation.
These are some of the key arguments both in favour of and against the removal of Article 370:
Arguments in Favor of Removing Article 370:
- Temporary Provision: Article 370 is explicitly titled as “Temporary provisions concerning the State of Jammu and Kashmir,” suggesting that it was originally intended as a temporary measure.
- Self-contained Exit Mechanism: Article 370(3) provides for a mechanism where the President can declare the article inoperative, indicating a built-in exit strategy for its removal.
- Uniformity in Application of Laws: The removal of Article 370 would lead to the uniform application of Indian laws in Jammu and Kashmir, thereby fully integrating it with the rest of India.
- Potential for Development and Growth: Some proponents believe that the removal of Article 370 could lead to increased attention, resources, and opportunities for development in the region, similar to other states.
Arguments Against Removing Article 370:
- Original Agreement and Accession: The accession of Jammu & Kashmir to India was based on certain terms, with Article 370 being a central element of that agreement. Its removal is seen by critics as a breach of that original understanding.
- “Temporary” Misunderstood: Critics argue that the term “temporary” in Article 370 actually refers to the period before J&K’s Constituent Assembly created its Constitution (1951-1957), not the intended lifespan of the Article itself.
- Constituent Assembly’s Role: Clause (3) of Article 370 mandated that any alteration to the relationship between J&K and India required the recommendation of the J&K Constituent Assembly, which ceased to exist after 1957. This implies that the power to alter Article 370 also ended, effectively making it a permanent feature.
- Preservation of Identity: Article 370 was seen as a safeguard to ensure that Jammu & Kashmir maintained its unique identity and special relationship with India. Critics argue that its removal erodes this distinctiveness.
These arguments reflect the complex and contentious nature of the debate surrounding Article 370 and its removal. Each side presents valid points, and the legal and constitutional aspects of this issue continue to be a subject of ongoing deliberation and interpretation.
Conclusion
- The conclusion highlights the significance of the ongoing legal proceedings as a reflection of the principles of constitutional democracy in India. It emphasizes that this courtroom exchange is a manifestation of public opinion within the framework of democratic institutions and processes.
- Furthermore, it underscores the complex interplay between executive actions, parliamentary representation, and the protection of constitutional principles. The legal proceedings and arguments presented by the petitioners are essential in addressing this intricate balance and upholding the rule of law.
- In summary, the ongoing legal discussions serve as a critical aspect of India’s democratic system and its commitment to constitutional governance. They play a vital role in interpreting and preserving the principles enshrined in the Indian Constitution.
The Reserve Bank of India (RBI) has played a significant role in mitigating the economic impact of the COVID-19 pandemic by implementing various measures:
- Moratorium on Term Loans:
- The RBI allowed banks and financial institutions to provide a moratorium of three months on term loan repayments. This means borrowers are not required to pay their EMIs during this period, and no penal interest will be charged.
- Interest Calculation during Moratorium:
- Banks are instructed to calculate simple interest rates for the three months in which loan repayment is due but not paid under the moratorium. This interest will be added to the EMIs at the end of the three months.
- Credit Score Protection:
- The RBI instructed credit information companies to ensure that borrowers’ credit scores do not get negatively impacted due to the moratorium. This measure safeguards borrowers’ creditworthiness during this period.
- Repo Rate Reduction:
- The RBI lowered the repo rate from 5.15% to 4.4%. The repo rate is the rate at which the central bank lends to commercial banks. This reduction is aimed at providing cheaper credit to stimulate economic activity.
- Reverse Repo Rate Reduction:
- The reverse repo rate, which is the rate at which the central bank borrows from commercial banks, was reduced by 90 basis points to 4%. This reduction discourages banks from parking excess funds with the RBI and encourages them to lend to the productive sectors of the economy.
These measures collectively aim to address liquidity issues faced by borrowers, ease financial stress, and provide support to businesses and individuals during the economic challenges posed by the pandemic. The reduction in policy rates is aimed at maintaining financial stability and reviving economic growth.
The involvement of the private sector has been crucial in India’s efforts to combat COVID-19:
- Private Hospitals’ Contribution:
- Private hospitals have been mobilized to help treat COVID-19 patients. They have been requested to allocate beds and isolation rooms for COVID-19 cases, thereby increasing the healthcare infrastructure’s capacity.
- Private Laboratories for Testing:
- Around 50 private laboratories have been roped in for COVID-19 testing. This has significantly expanded the testing capacity in the country, allowing for more efficient and widespread testing.
- Strengthening Health Insurance for Vulnerable Populations:
- The National Health Authority, responsible for Ayushman Bharat, the health insurance scheme for economically disadvantaged sections, has been instructed to enhance health packages to better support those in need.
- Engaging MSMEs for Medical Equipment Supply:
- The Ministry of Micro, Small and Medium Enterprises (MSME) has urged manufacturers and suppliers of crucial medical equipment like ventilators, hand sanitisers, face shields, N95 masks, etc., to register on the Government e-Marketplace (GeM) platform. This ensures the availability of essential medical supplies for COVID-19 response efforts.
- Addressing Mental Health Concerns:
- The World Health Organization had cautioned about the potential impact of the pandemic and associated measures on mental health. To address this, the National Institute of Mental Health and Neuro-Science (NIMHANS) launched a toll-free helpline for people facing mental health challenges during this period of lockdown.
The collaboration between the government and the private sector has been instrumental in enhancing the country’s response to the COVID-19 pandemic, ranging from healthcare infrastructure expansion to testing capabilities and addressing mental health concerns.
The government has encountered several challenges in implementing the lockdown:
- Mass Exodus of Migrant Workers:
- The sudden announcement of a 21-day lockdown left migrant workers with little time for preparation. Many sought to return to their home states, particularly during the harvest season. This led to large-scale migrations, with workers often stranded without proper accommodations or social distancing measures.
- Vulnerability of Rural India:
- A significant portion of India’s population resides in rural areas, which often have limited access to healthcare facilities. This makes it challenging to conduct testing and treatment in these regions, as well as monitor the spread of the virus effectively.
- Ambiguity Regarding “Essential Items”:
- While the government exempted the manufacturing of “essential items” from the lockdown, there was a lack of clear definition for this term. This resulted in different interpretations by states, leading to potential gaps in the supply chain. For example, while soap may be considered essential, the materials for its packaging may not be explicitly listed.
- Impact on Unorganised Sector:
- A large proportion of India’s workforce, approximately three-fourths, relies on the unorganised sector. These individuals often lack financial security and face the greatest impact from the lockdown due to a loss of jobs. Delivering welfare schemes to support them becomes challenging for state governments during this time.
- Disregard for Lockdown Orders:
- Some segments of the population have shown reluctance to adhere to health and safety recommendations. This may be due to varying levels of awareness about the severity of the situation, difficulty in remaining confined indoors, or panic buying. Enforcing a nationwide lockdown without the cooperation of the populace presents a significant challenge.
Addressing these challenges requires a multi-faceted approach, including effective communication, targeted support for vulnerable populations, and coordination between different levels of government.
India faces several challenges in combating COVID-19:
- Limited Testing:
- Initially, testing criteria were restricted, leading to low testing rates. The early tests didn’t specifically target COVID-19, causing unnecessary positives and quarantines. However, testing criteria have since been expanded to include all hospitalized patients with severe respiratory symptoms and asymptomatic high-risk contacts.
- Communication and Internet Connectivity in Jammu and Kashmir:
- The military lockdown in Jammu and Kashmir, combined with unreliable internet access, has hindered information dissemination, work, and education. This lack of reliable information has led to uncertainty and panic among the public.
- Weak Healthcare System:
- India’s healthcare system, primarily controlled by states, faces challenges due to population density. While private hospitals are better equipped, they may be costly and inaccessible. Government hospitals are often ill-equipped and may face overwhelming demand.
- Limited Number of Beds:
- India has a low bed-to-population ratio, especially compared to countries like China. This is even more critical for critical care units needed to combat COVID-19.
- Dependence on Ventilator Imports:
- India relies on imports for about 70% of its ventilators. With increased global demand, this poses a vulnerability. Efforts are being made to ramp up domestic production.
- Elderly Population:
- India has a significant elderly population, making it more susceptible to the infection. The sheer number of elderly individuals is higher than in countries like Italy, which have been severely impacted.
- High Population Density:
- India’s population density is among the highest in the world. Cities like Mumbai have extremely high population densities, making social distancing challenging. The prevalence of slums adds to the vulnerability.
Addressing these challenges requires a multi-pronged approach, including increased testing capacity, strengthening healthcare infrastructure, effective communication strategies, and targeted support for vulnerable populations.
India can take several measures to counter the spread of COVID-19:
During the Lockdown:
- Effective Implementation of Lockdown:
- Detailed planning and coordination between the Centre and States are crucial for an effective lockdown. This should include measures to prevent crowding and ensure that essential supplies are available.
- Reliable Access to Essentials:
- Ensure reliable access to food, medicine, water, and emergency assistance. Door-delivery systems and specific time frames for shopping can prevent crowding.
- Healthcare Worker Support:
- Provide necessary facilities for healthcare workers and ensure they are not discriminated against.
- Economic Relief Measures:
- Implement economic measures and financial packages to support daily wage earners, self-employed individuals, small businesses, and rural landless poor. This may include cash grants and subsidies.
After Lockdown:
- Boost Jobs through Public Infrastructure Creation:
- Lift the lockdown gradually and focus on creating public infrastructure projects to boost employment and restart the economy.
- Fiscal Deficit Goals:
- Be flexible with fiscal deficit goals to allocate resources effectively.
- Invest in Public Health Infrastructure:
- Increase investment in public health infrastructure, particularly for COVID-19 treatment.
- Loan Repayment Holidays:
- Implement loan repayment holidays and wage bill subsidies for MSME businesses retaining pre-crisis workforce levels.
- Hotspot-Based Lockdowns:
- Implement targeted lockdowns in hotspots with severe infections rather than nationwide. Lift travel restrictions only with efficient testing methods in place.
- Research and Testing:
- Invest in research for faster and cheaper testing methods. Develop indigenous test kits to reduce testing time and cost.
- Enhanced Testing Capacity:
- Scale up testing capacity and accurately identify hotspots for targeted lockdowns, which can help in flattening the curve.
India’s response to COVID-19 requires a multi-pronged approach, combining effective lockdown measures, robust healthcare infrastructure, economic relief packages, and strategic testing and research efforts.
Conclusion
Accelerating research and mobilizing resources for the development of effective drugs to combat COVID-19 is an urgent global imperative. International collaboration is paramount in this endeavour, as it can leverage the collective expertise and resources of the global scientific community. By pooling knowledge and resources, we can hasten the development of therapeutics and vaccines, ultimately curbing the spread of the virus and saving lives worldwide.
FAQs
1. What is Article 370?
A: Article 370 of the Indian Constitution grants special autonomous status to the region of Jammu and Kashmir. It was incorporated into the Constitution in 1949, shortly after India gained independence from British rule.
2. What privileges does Article 370 provide to Jammu and Kashmir?
A: Article 370 grants Jammu and Kashmir a significant degree of autonomy, allowing the state to have its own constitution, flag, and autonomy over internal matters, except for defense, foreign affairs, finance, and communications. It also limits the application of Indian laws in the region.
3. Why is Article 370 controversial?
A: Article 370 has been a subject of controversy due to differing interpretations and its impact on the integration of Jammu and Kashmir with the rest of India. Critics argue that it has hindered development and led to separatism in the region. Others view it as a safeguard for the unique identity and autonomy of Jammu and Kashmir.
4. Has Article 370 been modified or revoked?
A: Yes, in August 2019, the Indian government announced the revocation of Article 370, along with the bifurcation of the state into two union territories: Jammu and Kashmir, and Ladakh. This move sparked widespread debate and reactions, both nationally and internationally, with proponents seeing it as a step towards greater integration and critics expressing concerns about the impact on the region’s autonomy and identity.
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