BJP and RSS have always talked about the abrogation of the article 370. And here is PM Modi, on the very first day of his holding the PM office, broached the Article 370.
Article 370 of the Indian constitution provides a special status to the state of Jammu and Kashmir. They have a constitution of their own. Defense, foreign affairs, communication and ancillary matters are the only areas where Indian parliament can apply laws in Jammu and Kashmir. Indian parliament needs state government’s permission to apply any other law. Jammu and Kashmir people have dual citizenship and have a different national flag.
An Indian citizen’s common sense says that India is a single nation and it should have a single constitution. On one hand ,they teach in school that all human beings are born free and equal in dignity and rights and on the other hand they have Article 370. Why this biasing? Why give special status to Jammu and Kashmir? At the time of its drafting, the situation was different. Maharaja Hari Singh, the then ruler of Jammu and Kashmir wanted to maintain it as a princely state. The rural Muslims attacked kashmir in 1947 after the independence. Hari Singh called India for help. Sardar Patel made an accord with Hari Singh, that India will only help Kashmir if it promises to be a part of India. The conditions were very fragile during the time of independence and thus was created Article 370. But it was a temporary provision. I repeat, temporary!! It doesn’t make sense now. India has came a long way and now it expects its integral parts to be called its.
President of India has an empowering provision by which, he can repeal Article 370 just by a public notification. But before giving any such public notification, the recommendation of constituent assembly of state is required. The constituent assembly we are talking about is not the current state legislature of Jammu and Kashmir but the constituent assembly that drafted the article 370. Only two members from the original constituent assembly are alive today and they do not support the abrogation of 370. But the important point is constituent assembly doesn’t exist today. In such case, president do not need anyone’s permission. (this is the subject of debate and not a fact). Another article that has came to the light with this debate is article 368. It states that parliament of India can add vary or repeal any provision of this constitution.
Abrogating article 370 is a gamble of long odds. But its for a better cause- the idea of one India. Lets pray that MODI govt can successfully complete the task make the great Indian dream real.
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