Revocation of Article 370 - 5 August 2019

On August 5, 2019, the Government of India executed a pivotal change in its constitutional relationship with the region of Jammu and Kashmir by revoking Article 370 of the Indian Constitution. Article 370 had granted significant autonomy to the state, allowing it to have its own constitution, a separate flag, and autonomy over internal matters except in cases of defense, communications, finance, and foreign affairs.

Background

• Article 370: Introduced in the Constitution of India in 1949, Article 370 was originally intended to be a temporary provision following the Instrument of Accession in 1947, which addressed the terms under which Jammu and Kashmir joined India after the Partition and independence. Over the decades, it had become a subject of intense political debate within India.

The Revocation

• Government Action: On 5 August 2019, under the leadership of Prime Minister Narendra Modi and Home Minister Amit Shah, the Indian Parliament abrogated Article 370 through a Presidential Order and a parliamentary vote. This also involved the bifurcation of the state into two union territories: Jammu and Kashmir, with a legislative assembly, and Ladakh, without a legislative assembly.

• Legal Process: The revocation involved the use of Article 370(3), which permits the President of India to make modifications to the article, with the concurrence of the “Constituent Assembly” of the state. The state assembly of Jammu and Kashmir was dissolved at this time, and its powers were exercised by the Parliament.

Reactions and Consequences

• Domestic Response:

  • The move sparked a mixed reaction within India. Supporters hailed it as a means to fully integrate Jammu and Kashmir into India and enhance development.
  • Critics, including some opposition parties, denounced the approach as unconstitutional and an erosion of democratic principles, as it was done without the consent of the state’s populace.

• Security and Communication Clampdown: Ahead of the announcement, the region experienced heightened military presence, and there was an extensive clampdown on communications, including internet shutdowns, as precautionary measures against potential unrest.

• International Reactions:

  • Pakistan strongly condemned the move, as it claims the territory and has fought multiple wars with India over the region. Following the revocation, diplomatic tensions increased, and Pakistan downgraded its diplomatic relations with India.
  • Other international entities expressed concerns over human rights and regional stability, calling for peaceful dialogue between India and Pakistan.

Significance

The abrogation of Article 370 stands as a major shift in India’s approach to Jammu and Kashmir, carrying profound implications for the region’s governance and its geopolitical dynamics within South Asia. It remains a sensitive subject with divergent views on its long-term impacts on peace, development, and human rights in the contested area.