The Indian Government at the centre scrapped Article 370 on Monday, 5th August 2019; the article in the Indian constitution had granted special status to Jammu and Kashmir. This day in true sense will be called Historical Day. The integration came with an order saying “it shall come into force at once”. Union Home Minister Mr. Amit Shah moved the Rajya Sabha, announcing the government had decided to repeal Article 370. Shah also announced that government has decided bifurcation of the state into two Union Territories – Jammu and Kashmir, which will have a legislature, and Ladakh, which will be without a legislature.
The BJP led Government in centre had promised the nation about the integration. 1953, Shyama Prasad Mukherjee, president of the Bharatiya Jana Sangh, died in a jail in Srinagar where he was detained by the Sheikh Abdullah government for protesting against Kashmir being an “autonomous republic within India.” Shyama Prasad Mukherjee died mysteriously in the jail. A year before his death, Mukherjee was the president of the Bharatiya Jana Sangh – the predecessor of the present day Bharatiya Janata Party (BJP). Several resolutions were passed by the Bharatiya Jana Sangh against the policies of the Jawaharlal Nehru and Sheikh Abdullah government on their stance on the Kashmir issue.
As a nation we were eagerly waiting for integration of Kashmir with other states, and it took 73 years! The five characters responsible for J&K problem were Maharaja Hari Singh, Pt. Jawahar Lal Nehru, Lord Mountbatten, Sheikh Abdullah and Mohammad Ali Jinnah. But in every case the buck stops at Pt. Nehru. The brief history about this state is: in 1947 when India and Pakistan got freedom, Kashmir did not join any of them. Hari Singh who was the ruler decided to remain free. When on 22nd October 1947 the Muslim tribes attacked Kashmir, Hari Singh sought help of Indian Government against the attackers. Prime Minister Nehru told him that Government would help him if Kashmir was ready to join India.
Kashmir became a part of India. But it was mentioned in the pact (article 370), that
Kashmir will get a separate honour. Except the economy, foreign policy and armed forces, the Kashmir government will be the supreme power. Article 370 gave it significant autonomy, including its own constitution, a separate flag, and independent decision making in all matters.
Article 370 and 35A are brilliant examples of how poor leadership can wreck even a county’s constitution. The petition can be termed as ‘illegal’ since it had been filed by Nehru without cabinet approval. To mend Nehru’s poor decision, India took 73 years, which is too long a time….
Clause 3 of Article 370 empowers the President to declare the special status granted to Jammu and Kashmir under the Article out of action anytime. A Presidential Order was issued using this provision to implement what the Bharatiya Janata Party had promised in the Lok Sabha election held in April-May 2019, and which had been the party’s long-standing demand since 1953.
Article 370(3) reads, “Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify”. Instead of scrapping Article 370, the government used the power given by the same Article to the President to make the provision ineffective. Scrapping of Article 370 would, otherwise, require a constitutional amendment under Article 368. But by invoking Article 370(3), the government has cleverly bypassed the amendment route.
Today, the 73rd Independence Day is indeed special to us; Kasmir is integrated with India as Indian State and is put on the same footing as the rest of India. Kashmir will no longer have a separate constitution but will have to abide by the Indian constitution much like any other state. All Indian laws will be automatically applicable to Kashmiris, and people from outside the state will be able to buy property there.
Many Hindu Kashmiris feel like it’s their rebirth and they feel like honoured Indian citizens, while quite a few have a feeling of resentment. It will take some time for people of Kashmir to adjust to the status. All said and done, the integration will develop the state of Kashmir and Ladakh tremendously. It is the beginning of a new era in the country. It’s a feeling of euphoria for the entire nation. Since Independence, the locals in Kashmir had been facing double whammy (two fold setback). They had to tolerate the hooliganism and violence of the anti-national politicians and the youths had to join groups of stone pelters as bonded labourers, often suffering bullet injuries from the paramilitary forces.
I am happy for though it took long 73 years time of waiting, the problem is ended! This year’s Independence Day should be celebrated cheerfully.
WISHING ALL INDIANS A HAPPY INDEPENDENCE DAY!
