Mystery of article 370

 

The Removal of Article 370: A Detailed History and Analysis

This article delves into the intricate history of Article 370, its implementation, and the strategic planning behind its eventual removal. We'll explore the events leading up to its abolition, the political maneuvering involved, and the long-term implications for Jammu and Kashmir.

The Genesis of Article 370

The story of Article 370 begins with the partition of British India in 1947. The Princely states, which were not included in the partition plan, were given the freedom to join either India or Pakistan, or remain independent. This led to a tug-of-war between India and Pakistan for the accession of these states.

The Case of Junagadh

The Nawab of Junagadh, Mahabat Khan Rasool Khan, despite the Hindu majority in his state, chose to join Pakistan. This decision sparked controversy, as it contradicted the principle of partition based on religious demographics. India responded by surrounding Junagadh, cutting off its supply lines from Pakistan. Ultimately, a plebiscite in 1948 resulted in a 99.95% vote in favor of India, incorporating Junagadh into the Indian Union.

The Hyderabad Crisis

Hyderabad, with a Hindu majority but a Muslim Nizam, also faced a similar dilemma. The Nizam initially sought independence, but eventually signed a standstill agreement with India, promising to decide his state's future after a year. However, he secretly negotiated with Pakistan and formed a private army called Razakar, which harassed the Hindu population. This forced India to launch "Operation Polo," bringing Hyderabad under its control in 1948.

The Jammu and Kashmir Conundrum

The most complex situation arose in Jammu and Kashmir, where a Hindu king ruled a Muslim majority. Raja Hari Singh, fearing both India and Pakistan, initially declared independence. However, Pakistan's invasion of Kashmir in 1947 forced him to sign the Instrument of Accession with India, granting control over defense, foreign affairs, and communication.

The Rise of Sheikh Abdullah

Sheikh Abdullah, a Kashmiri leader who advocated for democracy and opposed the king's rule, had formed the National Conference party. He had a strong relationship with Jawaharlal Nehru, India's first Prime Minister. Nehru, believing Abdullah would support India, appointed him as Prime Minister of Jammu and Kashmir.

The UN Intervention and Article 370

India, despite its military advantage, agreed to take the Kashmir issue to the United Nations. This decision was criticized by many, as it allowed Pakistan to continue its claim on Kashmir. The UN resolution called for a plebiscite to determine Kashmir's future, but it was never held due to Pakistan's refusal to withdraw its forces.

To address the immediate situation and ensure Jammu and Kashmir's progress, India's Constituent Assembly introduced Article 370, a temporary provision granting special status to the state.

The Delhi Agreement and Article 35(A)

In 1952, the Delhi Agreement was signed between India and Sheikh Abdullah. This agreement, while granting Jammu and Kashmir its own flag, Prime Minister (Sadar-i-Riyasat), and the State Subject Law of 1927, also allowed the integration of most of India's constitutional provisions. Article 35(A) was introduced as part of Article 370 to uphold the State Subject Law, which restricted land ownership and government jobs to permanent residents of Jammu and Kashmir.

The Erosion of Trust and the Rise of BJP

Over time, the relationship between India and Sheikh Abdullah deteriorated. Abdullah's alleged negotiations with Pakistan and his opposition to Article 35(A) led to his removal from power. The BJP, a party that had long opposed Article 370, gained popularity in Jammu and Kashmir, capitalizing on public sentiment against the special status.

The BJP-PDP Alliance and the Seeds of Change

In 2015, a surprising alliance emerged between the BJP and the PDP, a regional party in Jammu and Kashmir. This alliance, while seemingly contradictory, laid the groundwork for the eventual removal of Article 370.

The 2018 Political Crisis and the President's Rule

In 2018, the BJP withdrew its support from the PDP government, triggering a political crisis in Jammu and Kashmir. The state was placed under President's Rule, giving the Governor, Satyapal Malik, significant powers.

The Strategic Planning and the Removal of Article 370

The BJP, under the leadership of Prime Minister Narendra Modi and Amit Shah, meticulously planned the removal of Article 370. They took advantage of the political instability in Jammu and Kashmir, the Governor's expanded powers, and the absence of a functioning Legislative Assembly.

On August 5, 2019, the Indian government revoked Article 370 and Article 35(A), effectively ending Jammu and Kashmir's special status. This decision was met with both support and opposition, sparking protests and raising concerns about human rights violations.

The Aftermath and the Future of Jammu and Kashmir

The removal of Article 370 has had a profound impact on Jammu and Kashmir. The state was divided into two Union Territories: Jammu and Kashmir, and Ladakh. The Indian government argues that this move will promote development and integration, while critics maintain that it undermines the region's autonomy and identity.

Conclusion

The removal of Article 370 was a significant political event with far-reaching consequences. It marked the culmination of a long and complex history, characterized by political maneuvering, strategic planning, and the clash of ideologies. The future of Jammu and Kashmir remains uncertain, but the events of 2019 have irrevocably altered the region's political landscape.