I can still recall the moment—August 5, 2019—when headlines blazed across my screen: “Article 370 Revoked! Jammu and Kashmir’s Special Status Scrapped!” It was a turning point in India’s history, one that instantly commanded attention. For decades, this provision had been central to discussions on Jammu and Kashmir, shaping its unique relationship with India. And just like that, it was no more.
But why was this article so significant? Why was its removal met with both celebration and skepticism? To truly understand, we need to go back to its origins and the political dynamics that led to this landmark decision.
Understanding The Special Status of Jammu & Kashmir
Article 370 was a temporary provision in the Indian Constitution, granting special status to Jammu and Kashmir. Unlike other states, J&K had its own constitution, flag, and autonomy over internal matters except defense, foreign affairs, finance, and communications.
Key Features
| Feature | Before Abrogation | After Abrogation |
| Constitution | Separate for J&K | Indian Constitution fully applicable |
| Dual Citizenship | J&K residents had a unique status | Single citizenship for all Indians |
| Property Rights | Non-residents couldn’t buy land | Any Indian citizen can now purchase land |
| Laws & RTI | Central laws like RTI, RTE were not applicable | All central laws applicable |
| Panchayat Rights | Limited powers | Full powers like other Indian states |
This special status was granted under instrument of accession signed in 1947 when Maharaja Hari Singh decided to join India. However, over time, many experts argued that it has became a roadblock to integration, governance, and development.
The Abrogation of Article 370: How It Was Done
The revocation of Article 370 didn’t happen overnight. The government used a presidential order under Article 370(1) to amend the interpretation of “Constituent Assembly” in Article 367—essentially paving the way for Parliament to nullify Jammu and Kashmir’s special status.
Key Steps in the Abrogation Process:
- Presidential Order 2019: Redefined “Constituent Assembly” to mean “Legislative Assembly,” allowing Parliament to make the decision.
- Resolution Passed in Parliament: Both Houses approved the resolution to abrogate the Article .
- J&K Reorganization Act, 2019: Jammu & Kashmir was bifurcated into two Union Territories—Jammu & Kashmir (with legislature) and Ladakh (without legislature).
This move completely integrated J&K into India, ensuring that laws applicable to other states now extended to this region as well.
Why Was Article 370 Removed? Arguments in Favor
I have had many conversations where people asked, “Why was this necessary?” Here are some of the key reasons:
1. Strengthening National Integration
For decades, separatist groups had used Article 370 to fuel a sense of alienation among Kashmiri youth. Its removal reinforced the idea of “One Nation, One Constitution.”
2. Curbing Terrorism & Separatism
Since the 1990s, cross-border terrorism had thrived in J&K. Over 42,000 people lost their lives due to insurgency. Abrogation allowed stricter laws like UAPA (Unlawful Activities Prevention Act) to be implemented in the region.
3. Economic Growth & Investment
Before August 2019, non-residents couldn’t buy land in J&K. This discouraged businesses from investing in the region. Now, with land reforms and better governance, there is hope for greater industrial and tourism development.
4. Women’s Rights & Social Justice
Previously, if a Kashmiri woman married an outsider, she lost property rights. After abrogation, gender-based discrimination was removed, granting equal rights to all women.
5. Application of Central Laws
Laws like the Right to Education (RTE), RTI Act, and SC/ST/OBC reservations were not applicable in J&K earlier. Today, every citizen of the region enjoys the same rights as the rest of India.
If you’re interested in diving deeper into the legal and historical aspects of Article 370, I highly recommend checking out Facts and Law on Article 370 & 35A for a detailed legal perspective and Unbreaking India: Decision on Article 370 and the CAA for an insightful analysis of the political implications.
Challenges and Criticisms: The Other Side of the Debate
While many celebrated the move, others raised concerns:
- Legal Challenges: Critics argued that using a presidential order to amend Article 370 bypassed constitutional processes. Several petitions were filed in the Supreme Court (which upheld the decision in 2023).
- Democratic Concerns: Political leaders in Kashmir were placed under house arrest. Internet and communication restrictions were imposed, leading to allegations of human rights violations.
- Local Protests: There was unrest in parts of Kashmir, particularly in Kargil and Srinagar, where some people viewed the decision as an attack on their identity.
What Has Changed Since 2019? A Ground Reality Check
It has been over four years since Article 370 was revoked. So, what’s the status of Jammu & Kashmir today?
✔ Improved Security: There has been a drop in terror-related incidents and infiltration from Pakistan.
✔ Economic Growth: Tourism has surged, with record-breaking visitors in 2022-23. New investment policies are attracting industries.
✔ Elections & Political Normalcy: Panchayat elections saw a high voter turnout, showing increasing faith in the democratic process.
✔ Infrastructural Development: Projects like the Delhi-Katra expressway and railway connectivity to Srinagar are progressing rapidly.
However, challenges remain. Full statehood is yet to be restored, and some local grievances persist regarding governance and political representation.
Final Thoughts: What Lies Ahead?
I believe that abrogating Article 370 was a historic decision that redefined India’s federal structure. However, true integration goes beyond legal changes—it requires winning the hearts and minds of the Kashmiri people.
So, what should be the next steps?
🔹 Strengthen local governance by conducting fair elections and restoring statehood.
🔹 Boost economic opportunities by promoting tourism, education, and IT hubs in Kashmir.
🔹 Promote cultural harmony and discourage misinformation that fuels separatism.
Kashmir has always been called “Paradise on Earth.” Now, it is time to ensure that this paradise thrives—not just in its natural beauty, but in peace, prosperity, and equal opportunities for all.
What Do You Think? Do you believe the abrogation was the right move?
Or do you think the government could have handled it differently?
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References
Ayyangar, N. G. (2019). Article 370. Drishti IAS. https://www.drishtiias.com/pdf/1693343693.pdf
VISION IAS. (n.d.). ABROGATION OF SPECIAL STATUS UNDER ARTICLE 370. https://d19k0hz679a7ts.cloudfront.net/value_added_material/Abrogation_of_Article_370.pdf
Muvva, S. K., Noorani, A. G., Arora, M., Sharma, P., Rai, S., Majumder, S. D., Dixit, S., & Kasliwal, K. (2024). Abrogation of Article 370 of the Indian Constitution –A study. In International Journal of Creative Research Thoughts (IJCRT), International Journal of Creative Research Thoughts (IJCRT) (Vol. 12, Issue 8) [Journal-article]. https://ijcrt.org/papers/IJCRT2408352.pdf
Frequently Asked Questions (FAQs) about Article 370
What are the benefits of removing Article 370?
The abrogation of Article 370 in August 2019 led to several key benefits:
- National Integration: J&K is now fully integrated with India, following the same legal and constitutional framework.
- Equal Rights: Women, minorities, and marginalized communities now enjoy the same rights as other Indian citizens.
- Economic Growth: Businesses and investors can now invest freely in J&K, boosting employment and development.
- Better Governance: Central laws like RTI, RTE, and anti-corruption measures now apply to the region.
- Security Improvements: Stricter anti-terror laws help in tackling separatism and cross-border terrorism.
Who has the power to remove Article 370?
The President of India has the authority to revoke Article 370 by issuing a Presidential Order under Article 370(3), but this required the recommendation of the Jammu and Kashmir Constituent Assembly (which ceased to exist in 1957). In 2019, the government reinterpreted the provision, allowing the Parliament of India to take the final decision.
What are two key features of Article 370?
- Special Autonomy: Jammu and Kashmir had its own constitution, laws, and decision-making powers, separate from the rest of India.
- Limited Parliamentary Authority: The Indian Parliament could not legislate on matters concerning J&K without the state government’s approval, except in areas of defense, foreign affairs, finance, and communications.