The Essay is written keeping in mind the needs of civil and judicial aspirants. It is written under the guidance of experts of the field. The said essay on "Article 370" traces the journey of the provision and reflects on its importance. The essay is in English and Hindi.
"National security is not just the protection of our borders; it is the protection of our identity, our
values, and our unity." This sentiment underscores the significance of the changes to Article
370, which, on August 5, 2019, saw a historic alteration in Jammu and Kashmir’s relationship
with India. Originally designed to acknowledge the region's unique status, Article 370 was
modified, marking a pivotal moment in India’s legal and political landscape. This essay explores
the historical context, implications, and current challenges surrounding the removal of Article
370.
Article 370, introduced on October 17, 1949, was a 'temporary provision' to address Jammu and
Kashmir’s unique status by allowing it to draft its own Constitution and limiting Indian
Parliament’s powers over it. Drafted by N. Gopalaswami Ayyangar as Article 306 A, it
empowered the Constituent Assembly of Jammu and Kashmir to decide which provisions of the
Indian Constitution applied. Article 35A, added in 1954, granted the state legislature authority to
define permanent residents and their special rights. However, on August 5, 2019, the President
issued the Constitution (Application to Jammu and Kashmir) Order, 2019, which modified Article
370 and led to the Jammu and Kashmir Reorganisation Bill, 2019. This bill created two Union
Territories: Jammu & Kashmir and Ladakh. Consequently, Jammu and Kashmir now has an
Assembly but no separate constitution, flag, or anthem, and Article 35A was abolished.
Since the removal of Article 370, Jammu and Kashmir has experienced significant
administrative changes. The region's reorganization into Union Territories has led to a
Lieutenant Governor-led administration focused on integration. Increased security measures
and a surge in political activity, with parties like the National Conference and PDP opposing the
new setup, have marked this transition. Meanwhile, the Central Government emphasizes
development and infrastructure improvements to further integrate the region with India.
Additionally, since the abrogation, there has been a notable increase in tourism, with rising
visitor numbers boosting local economic growth.
The constitutional validity of the removal of Article 370 has been intensely scrutinized by the
Supreme Court of India. On November 29, 2022, in the case of "Amitabh Mattoo vs. Union of
India," the Supreme Court upheld the abrogation's constitutionality. The Court ruled that the
Presidential Order and the Jammu and Kashmir Reorganisation Bill were within the powers of
Parliament and the President. It found that the abrogation did not require the Constituent
Assembly's consent since it had been dissolved. The ruling affirmed Parliament's authority to
reorganize states and modify constitutional provisions as long as legislative processes were
followed. While validating the changes, the Court stressed the importance of continued dialogue
and development in Jammu and Kashmir, ensuring that the region's rights and aspirations are
addressed in governance.
Despite these challenges, the reorganization into Union Territories offers a chance for
streamlined governance and development. This transition promises enhanced focus on
economic growth, infrastructure, and social cohesion. As Jammu and Kashmir adjusts,
balancing historical commitments with current needs is crucial. The Indian Constitution remains
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