Indian Parliament revoked Article 370 Indian Constitution on Monday 5th August 2019. This was a historic day for Indian Parliament. Indian Parliament passed Jammu and Kashmir Reorganisation Bill, 2019, which will bifurcate the state into two Union Territories – Jammu and Kashmir with a legislature and Ladakh without legislature. The upper house passed the bill with 125 votes in favor as compared to 61 against it. With these changes, Article 370 Indian Constitution is scrapped.
While the whole world waited with abated breath over the collapse of law and order in the Indian province of Jammu and Kashmir due to the massive deployment of troops in the province, in a surprising anti-climax, majority of the province erupted into spontaneous celebrations after Indian government removed the constitutional provisions which give special privileges to the province. It looks like the international community didn’t read the signals properly – that’s because there is not just one stake holder in the territory of Jammu and Kashmir held by India, but four – Kashmiri Muslims, Kashmiri Pandits, the geographical units of Jammu and Ladakh. The projection of Kashmiri Muslims as the only stakeholder and not giving voice to the other three has led to a situation that the whole world is made to believe that Kashmir is not interested in integration of India. It is pertinent to note that only the leadership of Kashmiri Muslims is against full integration of India and Pakistan helped project their narrative as that of the whole of Jammu and Kashmir.
“Kashmir is an integral part of India, there is no doubt over it. When I talk about Jammu and Kashmir, Pakistan occupied Kashmir and Aksai Chin are included in it” – Amit Shah.
Home Minister Amit Shah asserted on in the Parliament that Pakistan occupied Kashmir (PoK) and Aksai Chin (occupied by China) are part of Jammu and Kashmir and that Kashmir Valley is an integral part of the country.
Responding in the Lok Sabha (Lower House of Indian Parliament) in response to comments by an opposition member, he said, “Kashmir is an integral part of India, there is no doubt over it. When I talk about Jammu and Kashmir, Pakistan occupied Kashmir and Aksai Chin are included in it,” he said. He further said, “we will give our lives to get POK and Askai Chin back.”
Celebrations All Across India and especially in Jammu and Ladakh
As soon as the news spread, celebrations started all over the country.
There are news of celebrations from UK as well. News are also pouring in from other countries where Indian Diaspora is celebrating this historic event.
People celebrated publicly in Leh after Union Government passes a resolution to revoke Article 370 and Ladakh and J&K be made Union Territories. (video)
No information of any organised protest is available from Kashmir Valley, a Territory no more than 16% of the total area of the province due to the information lock down in the area as a precautionary measure and curfew imposed. As per a source sporadic incidents of stone pelting were reported. Security forces controlled stone pelters within minutes.
Remaining 84% of the state of Jammu & Kashmir is celebrating this historic event that gave freedom from the dominance of dynast politicians that represented only16% of the state.
What were the Contentious Provisions of Article 370 Indian Constitution?
The contents of Article 370 clearly explain why majority of people are against it. Some of the most contentious provisions were:
Jammu and Kashmir’s citizens had dual citizenship.
Jammu and Kashmir’s national flag was different.
Jammu and Kashmir’ Legislative Assembly’s term was 6 years, while it is 5 years for other States of India
In Jammu and Kashmir it was not a crime to insult India’s national flag or the national Symbols!
The order of the Supreme Court of India was not valid in Jammu & Kashmir.
Parliament of India could make laws in extremely limited areas in terms of Jammu and Kashmir.
In Jammu and Kashmir, if a Kashmiri woman marries a person of any other state of India, Kashmiri citizenship to that female ends!
In contrast if a Kashmiri woman marries a person from Pakistan that Pakistani would get citizenship of Jammu and Kashmir.
Because of Section 370, RTI (Right to Information) did not apply in Kashmir.
Right to Education (RTE) was not implemented
Comptroller and Auditor General of India (CAG) doesn’t have not apply.
Indian laws were not applicable.
Sharia law was applicable to women in Kashmir.
There were no rights to panchayats in Kashmir.
Minorities in Kashmir [Hindus and Sikhs] did not get 16% reservation.
Due to Article 370, Indians in other states cannot buy or own land in Kashmir.
Because of Article 370 Pakistanis could easily get Indian citizenship for which they only need to marry a girl from Kashmir.
Rajat Mitra, Psychologist and Author of ‘The Infidel Next Door’ said, “When I finished writing my book, he read it from beginning to end and said it will help people to understand why article 370 should go. He felt it great that I, a non-Kashmiri, had written it and felt that Kashmiris were always alienated from the rest of India. He also found it difficult to read certain chapters, those even told by him. One was on how temples were destroyed in Kashmir was the most difficult one for him. He told me how going to the Martand temple ruins was traumatic for every Kashmiri Hindu and it couldn’t be restored because of article 370. It would require specialists and conservationists to come and stay from outside. Why will they come and stay if they can’t buy land or own property here?”
He further said, “Article 370 was about injustice alone. For seventy years it told us that some Indians were more equal than others and it couldn’t be questioned. The article bled our motherland culturally, politically and socially being the very place where Hinduism reached its peak. This article martyred many of our soldiers, put many in prison and led to the destruction of the Hindu way of life in Kashmir. It at the same time showed the spineless politics that dominated the Indian landscape, a continuation of the colonial rule where Indians especially Hindus had to kneel in front of their masters.”
“When we saw the news of the ending of the Article 370, my wife and my first thought was a wish he was alive today. He would have said if this article had been removed earlier, he would have never left Kashmir to never come back. That very thought would have been uppermost on the minds of millions of Kashmiris today who had to leave their homeland and become refugees over centuries.”
Excerpts from Speech by Home Minister, Amit Shah.
Excerpts from the Speech of Indian Home Minister, Amit Shah given at the upper house of Indian Parliament while introducing the Bill, sums up the existing impacts of Article 370 that existed before removing the Article 370
1. Opposition leaders especially the 3 political dynasts from J &K resort to unnecessary fear mongering. Most talk about legalities and technicalities but none talk about the utility for common Kashmiri
2. Some harp about historical promises and commitments made by past leaders but none talk the national interests of the country and its purpose for the country
3. Post partition we got lot of refuges from Pakistan. Some settled in J&K and some settled in other states of the country. Two of the ones settled in other states of the country got to become Prime Ministers viz. Manmohan Singh and I. K. Gujral, but the refugees that settled in J&K did not even get to become citizens, let alone becoming even councilors. Isn’t this grave injustice?
4. This fear psychosis propagated by alarmists is unwarranted. Article 370 revoking could cause bloodshed etc. Article 370 has no relation to preservation of the state’s cultural identity. Other states of the country enjoy their respective unique culture and languages without article 370.
5. Whenever we talk about repealing Article 370, Hurriyat, ISI and infiltrators try to provoke the Kashmiri youth. Certain political dynasts want to keep Kashmir poor, undeveloped illiterate for their political benefits. They want to keep common Kashmiris in the 18th century.
6. Article 370 has kept the common Kashmiri hostage and deprived them of basic health care, education and employment. It only has safeguarded political careers of the dynasts.
7. Gen. Zia in his assessment in 1986 on Article 370 mentioned that Article 370 has ensured alienation of Kashmiri youth, which can be used for an insurgency and unrest for his Operation Tupac.
8. Those J&K politicians who provoke the youth to pelt stones, send their children for studying in American and British universities.
9. Past Congress governments had parroted that Article 370 Indian Constitution safeguards cultural identities of J &K which is not true.
10. How will a businessman or industrialist from other states buy land there to setup his business? Tourism industry of J&K needs more hotels and travel agency offices, which is not possible due Article 370.
11. Land rates per acre have risen steeply in rest of the country from Rs. 3000 to 3 CR in 70 years but till today in J&K they have not gone beyond Rs. 30,000, which means property rates don’t appreciate as outsiders cannot buy land. Why do we want to keep an ordinary Kashmiri with land poor?
12. Industries and Travel agency offices, hotels will bring employment opportunities to Kashmiri youth.
13. Repealing of 370 will automatically ensure 10% reservations for Economically weaker sections in J&K
14. 41,400 people have been killed from 1989 to 2018 due to the alienation and subsequent provocation from the neighboring country due to this article 370
15. Our detractors say this bill cannot stand legal scrutiny and most opposition parties are behaving like obstructionist NGO brigade
16. Article 370 has denied Tribal, OBCs, Dalits (especially Muslim Gujjars) reservations
17. Article 370 is Anti-Women, Anti-Tribal, Anti-Dalit, Anti-Development, Anti-literacy.
18. Laws are made by both houses of the parliament but due to this article they are not applicable in J&K, Despite J&K in Schedule 1 of constitution. Laws are made for public welfare. What purpose has Article 370 served?
19. Only local businessmen and few political dynasts run businesses in J&K. Iron and cement dealerships are owned by these dynasts. Cement is sold Rs.100 costlier in J&K than rest of India. Article 370 has brought in monopoly which has deprived businessmen from outside a level playing field.
20. Due to Article 370, 73rd and 74th amendment of the constitution could not be implemented in J&K except during President’s Rule. Prime Minister Modi advocated J&K Panchayat Act and polls were conducted and now 40,000 Sarpanch and Panches are working for development at grass roots of J&K. They got Rs. 3500 Crores from this Government for development.
21. J&K has Hindus, Sikhs, Buddhists and Jains too apart from Muslims. Article 370 should have ensured equality and level playing field for other demographic groups and regions of Ladakh and Jammu.
22. With 50 to 55 percent voter percentage in Panchayat polls people of Kashmir have prove that they want to actively participate in democracy.
23. 2004-2019, Rs. 2 lakhs 77 Thousand Crores were given by Government of India apart from Modi package which has yielded nothing on ground due to state government’s corrupt practices.
24. In 2011-2012, Government of India gave Rs. 3,683 Crores to J&K which comes to Rs 14,255 per person. But due to heavy corruption of the local political dynasty parties, the money does not percolate to the ground and development of common Kashmiris.
25. In 2017-2018, every common Kashmiri should have received Rs. 27,358, while in rest of the country common man could receive Rs 8,227. But state government after state governments siphoned off funds given to them by Union governments.
26. Article 370 is also a biggest impediment for any investigation by central govt. agencies for any possible graft and corrupt practices.
27. Can 370 assure toilets, healthcare, education for common Kashmiri youth?
28. Kashmiri children are deprived of RTE due to this 370. Professors cannot migrate to J&K as they cannot buy houses. Doctors nurses cannot settle in J&K due to same reason. Private or PPP (Public Private Partnership) hospitals cannot operate in J&K, thereby depriving common Kashmiri, basic health care facilities and Pradhan Mantri Aushman yojana.
29. If a Kashmiri girl married an Oriya guy (Boy from State of Orissa), her children will lose all the rights in J&K, due to Article 370
Even the global reaction over India scrapping of the article is muted and no protests are noted from any country except Pakistan. Indian Foreign Secretary Vijay Gokhale appraised the envoys of P-5 countries while Senior Foreign Ministry Officials apprised the envoys of major other countries including all the members of Security Council.
India asserted that the decisions were internal to India and are aimed at providing good governance and economic development of the province.
It is understood that the United States of America is already notified of India’s plans to remove the article as early as February but the terrorist attack at Pulwama by Pakistan based terrorist organizations forced India to postpone the plans. It is learnt that in February 2019, two days after the Pulwama attack, National Security Advisor Ajit Doval had phoned his American counterpart John Bolton and told him about the Modi government’s plans to do away with the ‘special status’ for Jammu and Kashmir
US State Department spokesperson Morgan Ortagus said., “India’s decision to revoke Article 370, which gave a special status to Kashmir, was the country’s “internal matter”. Ortagus noted India’s action in the J&K was “strictly internal matter”. https://www.businesstoday.in/current/economy-politics/article-370-revoked-us-india-internal-matter-blow-pakistan/story/370888.html
U.N. spokesman Stephane Dujarric said, “We urge all parties to exercise restraint,” and said UN Observer Group “has observed and reported an increase in military activity along the line of control.” However, this is more of a generic advisory over the general situation in the area and not specifically about the abrogation of the article.
So, how did Pakistan react to this? First reaction was surprise, then anger and then demands to undo. It was followed by attempts to lobby internationally to undo. The most important takeaway is that the much-touted Pakistani intelligence agency, ISI was completely clueless what hit them.
Pakistan erupted into spontaneous protests after India scrapped off Article 370 Indian Constitution and people demanded action from their government to undo it. Isn’t it hilarious, Pakistan demanding changes in Indian Constitution to be revoked?
As a proof of the seriousness of the issue inside Pakistan, Maryam Nawaz Sharif herself is leading a protest on August 6 at Sargodha. She completely overlooked the atrocities on the Baloch Nation, Pashtuns, Sindhi, Muhajir and Ahamadiyas inside Pakistan where their Army and Intelligence Agency ISI disappeared millions and sold thousands for Organ Harvesting and buried them in Mass graves. This is because they do not have the guts to question their all-powerful Pakistan Army.
Pakistani army units of X Corps which man Indian border continue to mobilize in view of the tension in the border and are reaching the border amidst demands to correct the “mistake” which India said, though the army made no statement to avoid any further escalation of situation on the border. An emergency Corps Commander meeting is to be convened. Pertinent to mention here that Indian Army is ready for response in case Pakistan Army does any misadventures or tries to infiltrate more terrorists in Indian side of the Line of Control (LoC).
There was an absolute meltdown and chaos in Pakistani establishment, with Shahbaz Sharif asking if Trump’s intervention is a trap and on the other side, Abdul Basit, the erstwhile High Commissioner to India claiming Trump’s intervention is not for a mediation over Indian Controlled Kashmir but over Trumps help in handing over Pakistan controlled Kashmir to India.
Pakistan Foreign Office said “Jammu and Kashmir is an internationally recognized disputed territory. No unilateral step by the Government of India can change this disputed status, as enshrined in the United Nations Security Council (UNSC) resolutions. Nor will this ever be acceptable to the people of Jammu and Kashmir and Pakistan. As the party to this international dispute, Pakistan will exercise all possible options to counter the illegal steps” setting stage for a military solution.
On the other side, Foreign Minister SM Qureshi said, “Indian move to revoke Article 370 has no legal or constitutional justification…India cannot change the public opinion through this move, and it has rather internationalized the Kashmir issue. There are several resolutions of the United Nations Security Council on this and they have accepted this as a disputed territory. Indian Prime Minister Vajpayee had accepted this as a disputed territory.”
Pakistan President Arif Alvi has summoned a joint session of the Parliament on Tuesday to discuss the Indian government’s decision and Shehbaz Sharif, the head of the principal opposition party PML(N) called it unacceptable and an act of treason. Imran Khan called it “irresponsible, unilateral and irrational behavior”.
Pakistan’s Prime Minister seems to have approached Malaysia and Turkey over this but there is no formal dissent from those countries over this to India.
Using the decade old excuse of Nuclear blackmail, Imran Khan told the Malaysian Prime minister by a Foreign Office statement, “India’s move will further deteriorate relations between nuclear-capable neighbors.”
If Pakistani Army formations are broken by India, how effective will they be in supporting Taliban? That will help cleanse the country of Taliban and allow a smoother exit for the US forces from Afghanistan.
As Pakistan prepares to engage with India militarily, it has given opportunity to Afghanistan security forces to cleanse Afghanistan of the Taliban terrorists. Since Pakistan will be moving its Army to the Indian border, it is learnt that the Ordinance factories of Pakistan will not be able to fight a two-front war. One on its western border with Afghanistan and another on its eastern border with India. As Pakistan reduces logistics support to Taliban Terrorists, Afghan forces can cleanse the threat of Taliban swiftly.
This will also give a great opportunity to Freedom Fighters in Pakistan Occupied Balochistan and Mujhajir Nation to get freedom from the tyrannical rule of Pakistan.
Corps Commander meeting was held at GHQ. COAS affirmed, “Pakistan Army firmly stands by the Kashmiris in their just struggle to the very end. We are prepared and shall go to any extent to fulfil our obligations in this regard.” Pakistan has given clear message that Pakistan will continue to send Terrorists to India and support Radical Islamist and Terrorist groups with supply of Arms and Ammunition. Another message clearly embedded in this statement is that Pakistan may start a war. India has already called off the Nuclear bluff of Pakistan. Given the state of Pakistan’s bankrupt economy, can Pakistan afford a war with India? Will Pakistan’s actions not invite further retaliations by India?
Another possible casualty of the Kashmir tensions can be the issue of Khalistan, which aims at creating an independent Khalistan in the Indian province of Punjab, even if it means supporting Pakistan. It is interesting to note that Khalistan doesn’t envision control of the core Sikh territories located in Pakistan.
In case the issue escalates to the level of a serious war, it is verily possible that India can annex important Sikh pilgrimage centres like Nankana Sahib, dealing a body blow to Khalistan Movement – after all, people will support those who are helping Sikhs gain unrestricted access to their holy places and not those who side the ones restricting access.
How did the Historic Event of Removing Article 370 Indian Constitution unfolded?
11.04 AM: Prime Minister Narendra Modi arrives at Parliament. Defence Minister Rajnath Singh has also reached the Parliament.
11.09 AM: Amit Shah stands up to speak in the Upper House. He will soon present J&K Reservation Bill in the Rajya Sabha.
11.18 AM:Jammu & Kashmir Crisis Live Updates:Amit Shah proposes to revoke Article 370; ruckus in Rajya Sabha.
11.25 AM: Union Home Minister Amit Shah in Rajya Sabha: “I am ready for all discussions by the leader of the Opposition, the entire opposition and the members of the ruling party over Kashmir issue. I am ready to answer all questions.”
11.35 AM: “We have brought in four resolutions and bills on the Kashmir issue itself,” says Amit Shah.
11.37 AM: The government has recommended the removal of Article 370 from Jammu and Kashmir, says Home Minister Amit Shah.
11.46 AM: The Constitution (Application To Jammu And Kashmir) Order, 2019, says: “The It shall come into force at once, and shall thereupon supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time.”
11.54 AM: Home Minister Amit Shah’s statement on UT status to Ladakh
“The Ladakh Division of the State of Jammu and Kashmir has a large area but is sparsely populated with very difficult terrain. There has been a long pending demand of people of Ladakh, to give it the status of a Union Territory to enable them to realise their aspirations. The Union Territory of Ladakh will be without Legislature.”
11.58 AM: Amit Shah on UT status to J&K: “Keeping in view the prevailing internal security situation, fuelled by cross border terrorism in the existing state of Jammu and Kashmir, a separate Union Territory for Jammu and Kashmir is being created. The Union Territory of Jammu and Kashmir will be with legislature.”
12.06 PM: 3 families looted J&K for years, says Shah: “Under the umbrella of Article 370, three families looted J&K for years. Leader of Opposition (Ghulam Nabi Azad) said Article 370 connected J&K to India, it’s not true. Maharaja Hari Singh signed the J&K Instrument of Accession on 27 October, 1947, Article 370 came in 1954,” says Amit Shah.
12.25 PM: BJP MP from Ladakh welcomes govt move: “People in Ladakh wanted that the region be freed from the dominance & discrimination of Kashmir, that is happening today,” says BJP MP Jamyang Tsering Namgyal.
Not the first time Article 370 Indian Constitution has been amended: Amit Shah
12.45 PM: ‘Not the first time Article 370 has been amended’
“This is not the first time, Congress in 1952 and 1962 amended article 370 through similar process. So instead of protesting please let me speak and have a discussion, all your doubts and misunderstandings will be cleared, I am ready to answer all your questions,” says Amit Shah.
5:25Pm: Home Minister Amit Shah on Monday tables the Constitution (application to Jammu and Kashmir) Order 2019 in Lok Sabha. With the majority of Ayes, Lok Sabha approved Amit Shah’s motion to pass the bill in the Lok Sabha, which will be discussed on Tuesday.
6:25PM: Clearing the air on Modi government’s proposal to make Jammu and Kashmir a union territory, Amit Shah said that the government is not interested in delaying the state status to J&K. “Let me assure the House that we are equally not interested in continuing with the J&K status. When and as the situation becomes normal, we’ll restore the J&K state status. it’ll not take much time,” Amit Shah said.
6:55PM: Rajya Sabha passes the Jammu and Kashmir Reorganisation Bill, 2019.
The upper house adopted by voice vote a resolution to abrogate Article 370 Indian Constitution for Jammu and Kashmir. While 125 votes in the favour of it, 61 votes against. After a voice vote, the Jammu and Kashmir Reservation Bill, 2019 was passed in the Rajya Sabha. The House has been adjourned.
Please check our previous 2 articles on how the situation developed. What happened in Jammu and Kashmir in last few days.
1. Article 370 of Indian Constitution abrogated
2. 1954 Presidential Order issued under Article 370 superseded by the 2019 Order
3. President has powers under Art 370 but recommendation of the Constituent Assembly required
4. Article 367 dealing with Interpretation amended by President in exercise of power under Art 370(1)(d)
5. Article 367 thus amended to provide that the reference to Constituent Assembly is replaced with the Legislative Assembly
6. As J &K is under Presidential Rule Governors concurrence would have been obtained for issuing Presidential order under Art.370
7. The effect of this order is that all the provisions of the Constitution are applicable to J&K
8. Article 35 A which was a special exception created under the 1954 order goes
9. Article 3 is now applicable which facilitates reorganization of States
10. If entre Constitution is applicable then local laws which impose any restriction can be challenged based on Art.14 and Art 19
Does ranting of Pakistan has any effects on India?
In one of his tweets on Twitter, noted Journalist Aditya Raj Kaul in his tweet made the intention of the Indian Government very clear. He tweeted, “Asked a top Govt functionary about Pakistan’s reaction on Article 370 move. Says, ‘Let them worry about the Pashtun rebellion and the Baloch uprising against human rights violations & terror’. Epic. Yet Govt is aware about Pakistan planning to yet again use puppets for violence.”
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