Breaking News
1. AI breakthrough in breast cancer detection: New study claims over 17% improvement in screening accuracy      2. Inflows into equity mutual funds jump 14.5% to Rs 41,156 crore in December: AMFI      3. ONGC expects additional revenue of up to $10.3 billion from BP’s intervention in Mumbai High field      4. Pravasi Bharatiya Divas LIVE: India will fulfill world’s demand for skilled talent, says PM Modi      5. India-Taliban talks: Region in flux and 5 reasons behind Delhi’s decision to engage Kabul      6. California wildfire: Burning Los Angeles looks ‘apocalyptic’ in scary visuals      7. Tirupati stampede: Andhra Pradesh government announces ex-gratia of ₹25 lakh to next of kin of deceased      8. Massive fire at Varanasi railway station parking, over 200 vehicles gutted      9. First Sambhal, Then Ajmer: Ex-CJI Chandrachud Under Fire For ‘Opening Floodgates’ Of Survey Pleas      10. Chennai Airport Shut, Trains Hit As Cyclone Fengal Intensifies      11. 2nd Hindu Priest Arrested In Bangladesh Amid Protests: ISKCON Member      12. Man climbs mobile tower in Kota, threatens suicide over his tractor seizure      13. Body of 2-year-old, his grandmother recovered from river in Manipur      14. Bodies of six abducted in Jiribam found; Kerala CM and UDF leaders argue over BJP defection      15. Several flights, trains disrupted as Delhi covered in smog, visibility down      16. Delhi air quality: AQI at this Delhi station above 1500      17. Pawan Kalyan condemns deaths of 2 Hindu girls in Pakistan who faced ‘atrocities’      18. India not to travel to Pakistan for Champions Trophy, wants its matches in Dubai      19. India not to travel to Pakistan for Champions Trophy, wants its matches in Dubai      20. Samosas, cakes meant for Himachal Pradesh CM Sukhu served to his security staff instead; CID probe on     

Article 370: A Historic Journey from Special Status to Supreme Seal

  • Posted on December 11, 2023
  • Government
  • By Arijit Dutta
  • 298 Views

After over four years, the Supreme Court has validated the Modi government's decision to repeal Article 370, marking a historic end to the constitutional provision granting special status to Jammu and Kashmir. The complex journey involved erosion over time, renaming, legal framework changes, and reorganization, aiming to address historical complexities and encourage political reconciliation.

Article 370: A Historic Journey from Special Status to Supreme Seal Image Source -www.news18.com

The historic journey of Article 370 spans over four years, marked by a significant transition under the Modi government. Initially conceived as a temporary measure, it shaped the relationship between the central government and Jammu and Kashmir, setting unique precedents in legislative interactions. Enshrined in the Constitution, Article 370 delineated Jammu and Kashmir's distinct status, limiting Parliament's legislative authority over the state.

The erosion of Article 370 commenced with early acknowledgments by prominent figures like Pandit Nehru and Home Minister Gulzari Lal Nanda in the 1960s. This process unfolded gradually, starting in 1950 with the issuance of the Constitutional Application Order and evolving through dialogues and agreements, notably the 1952 Delhi Agreement.

The Constitutional Application Order empowered the President to issue directives for the application of Indian constitutional provisions to Jammu and Kashmir. These orders covered a wide array of subjects, spanning from parliamentary jurisdiction to emergency powers, signaling the evolving dynamics between the central government and the state.

Throughout its existence, Article 370 underwent renaming and amendments, notably the 1954 renaming of the Constitutional Application Order 1950. Subsequent changes, including the Constitution (Application to J&K) Order, 2019, marked significant shifts, progressively diluting the potency of Article 370 after seven decades of its inclusion in the constitutional framework.

The legal framework surrounding Article 370 empowered the President to issue orders, modifying constitutional provisions for Jammu and Kashmir. The Supreme Court, in cases such as P. L. Lakhanpal vs. the State of J&K, validated this authority, solidifying the constitutional stance.

The transformative August 5 Presidential Order extended all Indian constitutional provisions to Kashmir, thereby impacting Article 35-A. This extension, coupled with the expansion of Fundamental Rights, catalyzed a reassessment of discriminatory provisions, subject to the President's declaration.

Also Read: Ranbir Kapoor, Rashmika Mandanna Starrer 'Animal' Crosses Rs 400 Crore At Box Office On Day 10

Amidst this complex landscape, the Modi government's reorganization of Kashmir's political structure aimed to confront historical complexities inherited from the colonial era. It charted a new policy paradigm, stressing the imperative of political reconciliation within Kashmir and encouraging stability, fostering peaceful coexistence, and garnering support for the region's development.

However, this historical decision didn't come without scrutiny. Concerns were raised about the procedural aspects of revoking Article 370, particularly the absence of J&K's Constituent Assembly and consultations with regional political leaders. The bifurcation and downgrade of statehood, executed without assembly deliberations, sparked debates over potential strains on India's federal structure, parliamentary democracy, and societal fabric.

In summary, the Supreme Court's validation of the Modi government's decision represents the final chapter in Article 370's intricate journey, signaling a transformative shift in the political and legal landscape of Jammu and Kashmir.

Author
No Image
Author
Arijit Dutta

You May Also Like