Article 370 & 35A

 Changes after the Abrogation of Article 370 and Article 35A


Abrogation of Article 370 and Article 35A

The Modi government on Monday 5/08/2019 scraped article 370 and 35A. This step of the Modi government has redrawn the map of the state Jammu & Kashmir. The abrogation of article 370 and 35A ceased the separate constitution of state Jammu & Kashmir. There would be no separate flag for the state of Jammu & Kashmir. Any citizen of India is now permitted to buy or sell the property in the state of Jammu & Kashmir. There will be no separate laws regarding citizenship, Criminal Procedure code will replace Ranbir Penal Code. Further article 356 & 360 would be applicable in the state, the reservation would be provided to the minorities. The state of Jammu & Kashmir would be the Union Territory of India and Ladakh will join it without the legislature.

This decision of the Modi government has a more or less equal measure of acceptance and criticism people who accepted had the view that the consideration was temporary so it was for a limited time period. Article 370 gave a separate Constitution which had the imbalance of the fundamental rights or we can say it did not treat people equally. The critics viewed that it has shaken the bridge of the constitution built India and Jammu and Kashmir. Mehbooba Mufti contended that it would be a call of destruction to the State of Jammu and Kashmir after the Pulwama attack. Hence, this a controversial issue that is very sensitive in nature.

Since India’s Independence, Kashmir has remained a restless region, despite the efforts of successive governments to bring an end to the conflict. Early on, many spectators narrowed in on Article 370 of the Indian Constitution as the root of all problems in Kashmir, although the accuracy of that analysis is contested. The BJP’s decision to amend Article 370 was a watershed moment in Kashmir’s history and was expected to draw a more palpable reaction from the international community.

 First, India has emerged as an increasingly indispensable economic, strategic, and geopolitical power in the 21st century, given its reputation as the largest democracy in the world and its role as a counterweight to China’s growing influence. Second, in recent years, there has been a decline in international interest in the region, despite Pakistan’s efforts at wielding Kashmir as a weapon against India in diplomatic spheres. Third, Indian diplomatic efforts aimed at immediately quelling any backlash to the removal of Kashmir’s special status were far-reaching and well-rounded. Finally, the Indian government’s actions vis-à-vis J&K came at the “right time,” only partly by design, and partly by accident, for the amendment of Article 370 and the repeal of Article 35A were followed by a rapid succession of events that gradually distracted and distanced the international community.

As the diplomats interviewed for this paper have highlighted, the global silence on Article 370 has been driven by a combination of these reasons, with India’s global standing and the increasing fatigue around Kashmir being the primary factors. Indeed, the international response to the constitutional changes has brought to light a long-suppressed reality—that whatever Kashmir’s future may be, it is likely to be settled unilaterally and domestically by India.

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