Model Answer
0 min readIntroduction
Article 370 of the Indian Constitution, bearing the marginal note “Temporary provision with respect to the State of Jammu and Kashmir,” was a unique constitutional feature that granted special autonomous status to the erstwhile state. Introduced in 1949, it allowed J&K to have its own constitution, flag, and internal administration, except for Defence, Foreign Affairs, Finance and Communications which were under the Union’s control. The ‘temporary’ designation stemmed from its intended role as a transitional provision, facilitating J&K’s eventual full integration with India, a process that was significantly altered by the events of August 5, 2019, when it was effectively abrogated. This answer will explore the extent to which Article 370 was truly temporary and discuss its future prospects in the context of Indian polity.
The ‘Temporary’ Nature of Article 370: A Historical Perspective
The term ‘temporary’ in Article 370 was not explicitly defined with a time limit. However, the framers of the Constitution envisioned it as a bridge to full integration. The article itself contained a provision (Clause 3) allowing the President to declare it inoperative, but only with the concurrence of the J&K state government. This requirement proved to be a significant hurdle for decades.
Evolution Through Amendments
- Delhi Agreement (1952): This agreement between the Union Government and the J&K government sought to extend the application of the Indian Constitution to J&K, but with modifications.
- Constitution (Application to J&K) Order, 1956: This order extended most provisions of the Indian Constitution to J&K, but with exceptions.
- Subsequent Amendments (1960s-1980s): Over time, through Presidential Orders, many provisions of the Indian Constitution were extended to J&K, gradually eroding the original autonomy. These orders were often challenged in the J&K High Court, but generally upheld.
Judicial Interpretations
The validity of Article 370 and the Presidential Orders extending constitutional provisions to J&K were challenged in several cases. The Kesavananda Bharati case (1973) established the ‘basic structure’ doctrine, which became relevant in subsequent challenges to Article 370. The J&K High Court, in the State Reorganisation Act case (2015), upheld the validity of the Presidential Orders, stating that they were within the scope of Article 370.
The Abrogation of Article 370 (2019)
On August 5, 2019, the Union Government revoked Article 370 and bifurcated the state of Jammu and Kashmir into two Union Territories – Jammu and Kashmir, and Ladakh. This was done through a Presidential Order issued under Article 370(3), bypassing the requirement of concurrence from the J&K government by invoking the power to act in the interest of India’s security and integrity. This action was challenged in the Supreme Court.
Supreme Court Verdict (2023)
In December 2023, the Supreme Court upheld the abrogation of Article 370, stating that the President had the power to do so. However, the court also directed the Election Commission to hold elections in J&K to restore democratic governance. The court also emphasized the importance of restoring statehood to J&K.
Future Prospects
- Full Integration: The abrogation of Article 370 signifies a move towards complete integration of J&K with the rest of India.
- Statehood Restoration: The Supreme Court’s direction to restore statehood is a crucial step towards normalizing the political situation in J&K.
- Political Representation: Holding elections and establishing a representative government are essential for ensuring the participation of the people of J&K in the democratic process.
- Addressing Concerns: Addressing concerns regarding land rights, job security, and cultural identity will be vital for fostering a sense of belonging and stability in the region.
Conclusion
Article 370, while termed ‘temporary’ from its inception, endured for seven decades due to political considerations and the constitutional requirement of concurrence. Its abrogation in 2019, upheld by the Supreme Court, marks a significant shift in the relationship between the Union and J&K. The future hinges on restoring statehood, ensuring fair political representation, and addressing the socio-economic concerns of the people, ultimately paving the way for a fully integrated and prosperous J&K within the Indian Union. The success of this integration will depend on a sensitive and inclusive approach that respects the unique identity and aspirations of the region.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.