On 5 August 2019, the President of India had issued Constitution (Application to Jammu & Kashmir) Order, 2019. Constitution (Application to Jammu & Kashmir) Order, 2019 ended special status enjoyed by Jammu and Kashmir under Article 370.
Constitution (Application to Jammu & Kashmir) Order, 2019, also superseded Constitution (Application to Jammu and Kashmir) Order, 1954. Therefore, the 2019 order had also repealed Article 35A, which was added to the Constitution by Constitution (Application to Jammu and Kashmir) Order, 1954.
Outcomes of repealing of Article 370:
1. Application of principles of Indian Constitution & laws to J&K: The repealing of Article 370 enabled central government in applying all provisions and principles of Indian Constitution and all central laws to J&K also. This brought the people of Jammu and Kashmir at par with all citizens of India. Some of the progressive laws that have become applicable to J&K after the abrogation of Article 370 and 35A are given below:
However, J&K has remained under unprecedented restrictions during the period preceding the repealing of Article 370. The restrictions imposed during repealing of Article 370 affected the lives of people J&K.
2. Development and mainstreaming of the J&K: Article 370 was seen as a roadblock in the development of J&K. Several measures for development and mainstreaming of J&K have been taken after repealing of Article 370. Some of them are given below.
Measures for good governance: Simple rules have been framed for issuing domicile. Revision of rules for the employment of disadvantaged groups and weaker sections is being discussed. 18th bench of Central Administrative Tribunal (CAT) for the UTs of J&K and Ladakh had been established.
Measures for increasing employment: After repealing Article 370, J&K government has taken the initiative to fill up 10,000 posts in local government. However, it was reported that vacancies are yet to be filled due to ongoing COVID-19 pandemic.
Measures for investment and infrastructure: Ministry of Home Affairs (MHA) data shows the signing of 168 MoUs worth Rs 13,600 crores investments in J&K. To accelerate completion of pending projects, J&K Infrastructure Development Finance Corporation (JKIDFC) had been formed. The government has yet not restored 4G internet connectivity in J&K.
Increased completion of projects and utilization of funds under PMDP: Prime Minister Development Package (PMDP) was launched in 2015. Under PMDP, only 7 projects were completed till June 2018. But, 17 projects have been completed till June 2020 and 49% fund of PMDP has been used. These facts show an increase in the utilization of funds and completion of projects under PMDP since the abrogation of Article 370.
Increase in number of houses sanctioned under Prime Minister Awas Yojana: In March 2019, the percentage of sanctioned houses under Prime Minister Awas Yojana stood at 41% of the target. Till June 2020, the percentage of sanctioned houses under Prime Minister Awas Yojana increased to 92% of the target. This has been possible only after the abrogation of Article 370.
3. Grassroots democracy: Many leaders of J&K had been kept under arrest before repealing of Article 370. This has affected grassroots democracy in the state.
4. Reduction in terrorism: Article 370 was seen as root cause of terrorism in J&K. After repealing of Article 370, the number of terrorists infiltrating from PoK have decreased.
5. Rehabilitation of Kashmiri Pandits and refugees from West Pakistan: The repealing of Article 370 has made rehabilitation of Kashmiri Pandits possible. They have got jobs and employment in J&K. The government has given domicile rights and extended financial assistance to nearly 20,000 refugees from West Pakistan.
The repealing of Article 370 and the special status of J&K has led to some positive effects on the development and welfare of J&K. Despite the repealing, J&K still has several pending issues that affect its development and welfare. The effect of abrogation of Article 370 on these issues will become visible in the coming years.
One year has been completed since Article 370 and the Special status of Jammu and Kashmir was repealed by the government. Discuss outcomes of the abrogation of Article 370 of the Indian Constitution and special status of Jammu and Kashmir.
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Mains Question (Previous paper, 2016):
To what extent is Article 370 of the Indian Constitution, bearing marginal note “temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss the future prospects of this provision in the context of Indian polity.
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