Prof. Virender Gupta
Hon’ble J&K High Court in its recent judgement on Article 370 has ruled that Article 370 that grants a special status to J&K State, has assumed place of permanence in the Constitution and the feature is beyond amendment, repeal or abrogation. Let the legal luminaries debate on the issue but it may be emphasized that any dynamic society cannot afford to stick to any rule and regulation permanently. The process of continuous discussion to improve upon the existing laws governing the society is a salient feature of dynamism. If any existing article of the Indian Constitution has not helped in improving the conditions of the people of J&K state and is serving the interests of an elite political class of a particular region or religion and has become an instrument in helping the secessionist forces who are acting as stooges in the hands of foreign country and endangering the integrity of the nation then the nation is duty bound to scrap such article or make desired changes in that article. Apart from the wishes of the people of the state the Government of India has also to ensure equitable development of all the sections and regions of the state and justice to all the communities residing there in. It cannot afford to be mute spectator to the violation of secular ethos and basic principles of Indian constitution and rise of fundamental forces at the helm of affairs.
About 65 years have passed when article 370 was incorporated in the Indian constitution after stiff opposition in the National Constituent Assembly. The article was introduced to bring slowly and steadily the people of Jammu and Kashmir in the national mainstream, while looking at the conditions prevailing at that time. Sheikh Mohmd. Abdullah and other members of National Conference who participated in the Constituent Assembly on behalf of Jammu and Kashmir State had given their consent in making the provision of article 370 as temporary. That is why this article was called as temporary provision of the Indian Constitution. A question arises at this point of time that whether the article 370 has served the purpose of bringing the people of Jammu and Kashmir State (particularly those of Kashmir valley) in the national main stream, which has secular and Democratic ethos and traditions. Above all there is need to ponder upon the gains and losses because of the introduction of this article to the people of Jammu and Kashmir. Whether the people of Jammu and Kashmir would have been better off or not, had this article been not introduced? If need arises the Government at the centre which is answerable to the country as a whole should scrap article 35A and pave way for making modifications in Article 370 and if need be completely doing away with it.
It is a hard reality that this article was introduced without taking the people of Jammu and Ladakh regions into confidence in spite of the fact that these regions constitute about 80 percent area of the J&K state that is at present under the jurisdiction of Indian Government. It was incorporated at the behest of Sheikh Mohmd. Abdullah who was leader of Kashmiri masses only (having allegiance to National Conference) and with a little following in Jammu and Ladakh regions. The people of these regions are still opposing the article 370 as it has made them subservient to the Kashmiri elite class. The article ensured the political domination of Kashmir Valley over Jammu and Ladakh regions. Question arises that how long the wishes of the people of these regions can be ignored to appease Kashmiri elite political class?
In fact, the article has created political instability in this part of the country as it has always prompted Pakistan to stake its claim on the Indian part of Jammu and Kashmir. Pakistan thus enforced three wars on India to annex J&K. For that it imported terrorism and encouraged secessionist forces to make India and the people of Jammu and Kashmir bleed. There is a belief that had article 370 not incorporated in Indian Constitution and negotiations were held with Maharaja of Jammu and Kashmir to completely merge J&K with Indian Union like other princely states, the Pakistan would have been restricted and the people of Jammu and Kashmir would not have faced the brunt of aggression of Pakistan direct or through proxy war.
The people of Jammu and Kashmir in particular of Kashmir Valley need to rethink on the utility of Article 370, while shedding away their prejudices and closed mindset. There has to be an open debate about the gains that people of Jammu and Kashmir achieved and losses those they suffered because of article 370. In this context a review must be made of the conditions prevailing in Pakistan occupied part of Jammu and Kashmir, including Gilgit and Baltisan.
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