The ‘abrogation’ of Article 370 is difficult to digest for many in India, who have grown so used to the status quo that a change of this magnitude challenges our intellectual faculties.
Why was Article 370 inserted in the Constitution in the first place? Poet and politician Hasrat Mohini, in fact, had asked in the Constituent Assembly in 1949, ‘Why this discrimination, please?’ As the involvement of the UN brought an international dimension to the war with Pakistan over J&K at that time, N Gopalaswami Ayyangar, a former diwan to Maharaja Hari Singh of J&K, and the principal drafter of Article 370, argued that for a variety of reasons, Kashmir, unlike other princely states, was not yet ripe for integration. Ayyangar argued that “the will of the people through the instrument of the [J&K] Constituent Assembly will determine the Constitution of the state“.
Interestingly there is a Section 3 in that Article 370 that empowers the President to declare the special status inoperative anytime. With the state assembly being dissolved, its powers have been passed to parliament, which, acting as the state assembly, can approve the bifurcation of the state. But this could be subject to a judicial review, which may find this clause to be a basic feature of the relationship between the state and the Centre, and cannot, therefore, be amended.
Article 370 was about providing space — in governance, and to the people who felt vulnerable about their identity and insecure about the future. Has it done any good to those people in the valley in the last seven decades? No, on the contrary it did create a network of patronage and power gamed by friends and adversaries alike. It sustained a politics of entitlement among politicians, media persons and bureaucrats. Alienation from the mainstream stunted the tourism, the major livelihood of the alley. Younger generation turned to stone pelting for sustenance, and not before some of them would end up into taking arms! The present model had only incentivised bad politics, rent-seeking and corruption.
The Modi government’s latest move underlines that it is not only serious about consolidating India’s frayed peripheries, but it is also cognisant of aspirations of a ‘state’, which, despite its resources, has become a cesspool of violence and degenerative politics. For that, doing away with the shibboleths of the past was a necessary first step.
We have to now see whether doing away Article 370 will actually institutionalise good governance and create new opportunities and peace for J&K’s and Ladakh’s people.
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