THE ABROGATION OF ARTICLE 370 AND 35A IN JAMMU AND KASHMIR

Why in news:  The Supreme Court, led by Chief Justice D.Y. Chandrachud, unanimously (5-0) upheld the abrogation of Articles 370 and 35A in Jammu and Kashmir.

Background of Article 370 and 35A:

• Introduced in 1949, Article 370 exempted Jammu and Kashmir from certain Indian Constitution provisions.
• Allowed the state to have its own constitution and limited legislative powers of the Indian Parliament.
• Article 35A, derived from Article 370, granted special rights to the state’s permanent residents.

Changes from the 2019 Presidential Order:

• Reorganized into Union Territories: Jammu & Kashmir and Ladakh.
• Jammu & Kashmir gets an Assembly, while Ladakh becomes a UT without a legislature.
• Alterations in governance, replacing the Governor with a Lieutenant Governor.
• Nullification of dual citizenship and Article 35A.
• Application of Indian Fundamental Rights to Jammu and Kashmir.
• All Indian laws, including Right to Information Act, apply.
• Abolishment of separate constitution, flag, and anthem for Jammu & Kashmir.

 Recent Supreme Court Judgment:

• J&K’s integral part of India since accession in 1947, lacks sovereignty.
• Article 370 was temporary and applied due to war conditions during partition.
• Instrument of Accession made Article 1 fully applicable to J&K.
• Upheld President’s power to make irreversible changes during President’s Rule.
• Deemed the J&K Constitution inoperative with the full application of the Indian Constitution.
• Directed Assembly elections and restoration of statehood by September 30, 2024.
• Recommended a Truth and Reconciliation Commission for human rights violations investigation since the 1980s.

 Impact of the SC Judgment:

• Reduced secessionist tendencies by clarifying the region’s lack of sovereignty.
• Granted voting rights to West Pakistan Refugees and reserved seats for certain groups.
• Allowed non-residents to purchase land in the Union Territory.
• Proposed a Truth and Reconciliation Commission for addressing human rights violations.

Post Article 370 Abrogation Signs of Peace in J&K:

• Significant reduction in militancy, stone pelting, injuries to security forces, and civilian injuries.
• Increase in arrests of Over-Ground Workers (OGWs).
• Decline in terrorist activities by 32% from August 2019 to June 2022 compared to the preceding 10 months.