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Article 370 Goes – The Nehruvian Blunder in Jammu and Kashmir is Undone

article 370

History has been made on this day August 5, 2019 when Home Minister Amit Shah has proposed to revoke article 370. Here is the President Order that has made Article 370 void.

 

The Home Minister also announced bifurcation of the state with Ladakh division to now become a Union Territory without a legislature, and Jammu and Kashmir to be one Union Territory with a legislature.

It has paved way to integration of Jammu and Kashmir fully to India after seven decades of Independence.

The opposition soon went to uproar in protest, but the facts are firmly stand for the abrogation of this article.

As far as the Article 370 is concerned, the constitution in no ambiguous term has made it clear that it is a ‘temporary provision’. It is a certain section of politicians and vested interest who advocated it as if it is something can’t be revoked.

Article 370 of the Indian Constitution is a ‘temporary provision’ which grants special autonomous status to Jammu & Kashmir. Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, the state of Jammu & Kashmir has been accorded special status under Article 370. All the provisions of the Constitution which are applicable to other state are not applicable to J&K.

According to this article, except for defence, 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 related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.

Article 370 has made the India’s integration process incomplete as it bars Indians from rest of the nation to have their rights in the state of Jammg and Kashmir.

Special status is enjoyed only by the politicians keeping themselves out of the purview of democratic accountability. As we have CAG, Lokpal, CBI to investigate corruption issues in other States of India, Kashmir, due to article 370, does not come under these anti-corruption bodies.

Politically Kashmir has become hostage of a few families. They are dominating political space for self-interest. These self-centred political class are little concerned about welfare of masses, their economic and social well-being.

The Article gives Pakistan’s citizens entitlement to Indian citizenship, if the boy marries a Kashmiri girl.

Injustice to Armed Forces

Article 370 did a great injustice to our armed forces that continues to sacrifice for the nation.

When soldiers are posted in J&K, their family’s social life suffers because facilities for them cannot be provided. This article constrains the security forces’ ability to acquire land and create facilities for soldier families in Jammu and Kashmir.

Economic Injustice

Because of article 370, which treats Indians outside the Jammu and Kashmir non-citizens, investments and jobs from the private sector not coming into the state since the business group can’t purchase the land there for its operation.

Social Injustice

The voice of the Shias and Buddhists of Ladakh, Hindus and Sikhs of Jammu as well as Gujjars and Bakarwals has been completely sidelined. The reservations and other benefits have not implemented in the same spirit as they were in other parts of the country. So, the valley has become puppet in the hands of certain sections.

The rich have consistently used Article 370 to ensure that no financial legislation is introduced in the state, which would make them accountable for their loot of the state treasury. These include the provisions dealing with Gift Tax, Urban Land Ceiling Act, Wealth Tax, etc.

Today’s President Order has set right all these injustices in one go while facilitating the real integration of Jammu and Kashmir to India.

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