Explainer: What is the meaning of Abrogation of Article 370 in Kashmir?

Article 370 Abrogation: On Monday, the Supreme Court Constitution bench upheld the abrogation of Article 370, nearly after four years. The Supreme Court announced that the court will hear the batch of petitions challenging the decision made by the government in 2019. According to reports, the five-judge bench headed by CJI D.Y Chandrachud has also ordered the Election Commission to hold elections in Jammu and Kashmir by September 30, 2024.

This article will help you understand Article 370, its meaning, implications and the reason for abrogations.

What is Article 370?

Article 370 was a provision of the Indian Constitution which granted Jammu & Kashmir a special and unique status among all other states of India. As per this provision, the Central Government had limited control over the state, except for the field defence, foreign affairs, communication, and currency. This special policy granted J&K autonomy over their internal matters and affects law and order, residency and land ownership. 

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What is the meaning of Article 370 Abrogations?

The abrogation of Article 370 on August 5th, 2019 was a towering decision. It changed the dynamics of the administrative and legal status of Jammu and Kashmir (J&K) which sparked a huge debate. It revoked the special status granted to J&K and Ladakh and brought them under the direct control of the Central government, turning all central laws applicable to the territory.

This new change triggered nationwide protests and disapproval from different sections of society, marking it as an attack on their autonomy and a violation of constitutional rights. However, the Indian Government call it necessary to promote development, combat terrorism, remove discriminatory laws and bring equal opportunities for all citizens. 

Some other reasons cited by the Central Government to abrogate Article 370 are: 

• Article 370 creates a sense of separatism and hinders the integration of J&K with the rest of India. 
• Abrogation of Article 370 will lead to removing barriers to investment and economic activity. 
• The government claimed Article 370 contributes to cross-border terrorism and militancy in Jammu & Kashmir. 

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What are the implications of Article 370 Abrogation?

After the abrogation of Article 370, the Indian government took some steps to bring changes in Jammu and Kashmir. They introduced new laws and domicile rules for the states. Also, the abrogation has several other implications for Jammu & Kashmir: 

• Jammu & Kashmir lost its autonomy and now is among the list of Union Territories. 
• The abrogation leads to political polarization. 
• The abrogation has improved the security of the borders, however, concerns about violence and human rights still exist.
• The abrogation can be a way to develop and facilitate infrastructure development in J&K, leading to economic growth and job creation.
• It might lead to more efficient and transparent administration, addressing long-standing issues of corruption and bureaucratic hurdles.
• One of the important reasons is that it will remove the special status and promote a sense of unity between the people of J&K and the rest of India. 

In conclusion, abrogation of Article 370 is a multi-faceted issue with very different consequences. However, there are a total of 23 petitions in the Supreme Court on this issue that the SC will hear in the coming week. These petitions have been filed by advocates, activists, politicians, journalists, and even retired civil servants.  The plea is just not against the abrogation of Article 370 but also the reorganization of Jammu and Kashmir into Union Territories.

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