ABROGATION

OF ARTICLE Maharaja Hari Singh

370-
The Unfolding
Future Sheikh Mohammad
Abdullah

Jawaharlal Nehru 1
Acknowledgement

We would like to express our sincere gratitude to our

Humanities teacher Mrs. Aditi Bhunia Chakraborty for
providing her invaluable guidance towards the
completion of this presentation.

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Overview
What is Article 370?
● Gave Jammu and Kashmir a “special status” - conferring it
with the power to have a separate constitution, state flag and
exercise its autonomy
● Incorporated into the Constitution at Maharaja Hari Singh’s
demand before conceding to sign the Instrument of Accession -
in the wake of unrest
● In August 2019, Article 370 was abrogated, and Article 35A
was scrapped

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Background and History
● 20 October 1947.
- Kashmir was attacked by soldiers of POK
along with Pakistani soldiers.
● 26 October 1947.
- Instruments of Accession of Jammu &
Kashmir to India.
● 17 November 1952.
- Article 370 was applied .
 ● 1990: Armed Forces Special Power
Act imposed.
BETWEEN
● 2015: BJP’s Coalition Government -
1952 - 2018 C.M. Mehbooba Mufti from PDP
● May 2018: Governor’s Rule in J&K

● June 2018: President’s rule declared

in J&K.
August
ABROGATION
2019 OF
ARTICLE 370
Human Rights Concerns
● Arrests of minors, lawyers under Draconian PSA
● Communication lockdown and curfew for 2 months.
○ In a population of which 50% is estimated to suffer
from psychological afflictions.
● Official ‘NO FLY LIST’ to influence and control
international perspective on J and K move.
● S. Jaishankar (Minister of External Affairs) : “How do I cut
off communications between the terrorists and their masters
on the one hand, but keep the internet open for other
people? I would be delighted to know,”
● Reports of dissenting voices being arrested.
Panic set-in into the Valley
On 2nd August, 2019…...
● 10,000 CRPF Troops Moved
in
● Security Tightened in
the Vulnerable Spots
eg., Srinagar
● The Amarnath Yatris were Evacuated
 Section 144 CrPC
On 5th August Put into Action
● Public and Educational
Institutions shut down
● Public Assemblies were
banned
● Mobile and Internet facilities
snapped- complete blackout
● But prior to this even
leaders Were Put
Under House Arrest
 Will this really be helpful???
● It Wasn’t Given the Name
Curfew
● But people Had to Issue Passes
● Reporters Could Not Send Back
News
● The heading Remains Debatable
Some Leaders
“How ironic that elected representatives like us who fought for peace are under house
arrest…... The same Kashmir that chose a secular democratic India is facing
oppression of unimaginable magnitude. Wake up India.”
-Mehbooba Mufti
Public Response
● Welcomed by the people of
Jammu as well as by the people
from other parts of India
● People celebrated this occasion
and regarded it as a great victory
● It was hailed as a ‘bold’,
‘historic’ and ‘monumental’
decision
Reactions of politicians
‘’Historical Mistake
Rectified Today’’
- Janardan Dwivedi
“The government’s move on
Article 370 in Jammu and
Kashmir is a monumental
decision towards national
integration”
- Arun Jaitley
“Black day for democracy”
-Mehbooba Mufti
Criticism of the step
● Though beneficial, the move has
assumed an emotional edge also
● The shutting down of all means of
communication has left families
disconnected.
● The abrupt removal of article 370 has
also caused a great unrest among the
people of J & K
Legal Viewpoints on the
Government’s Move
In Support of the Move:
● Presidential order of 1952 abolished monarchy of J&K
● It replaced Maharaja of J&K by Sadar-i-Riyasat
● Presidential order of 2019 construed Sadar-i-Riyasat as
the “Governor of J&K.”
● Constituent Assembly was replaced by Legislative
Assembly.
Against the move:

● The power to render Article 370 obsolete was solely

vested in the then unconvened constituent assembly of
the state of J&K
● The J&K constituent assembly dissolved on 25 January,
1957 without revoking the provisions of Article 370
● Hence,the Article became a permanent feature of the
Indian Constitution.
Judicial Response
● Bills to abrogate Article 370 introduced in LS, RS on 5th
August
● President granted Assent on 7th August
● Petitions challenging the move, the communications
lockdown and the detention of political leaders filed in the
SC filed on the same day
● Aug. 13: SC refuses to order against the communication
lockdown
International Response
● CHINA: ” ... issue is a legacy of history between India and
Pakistan…”
● GERMANY: “India abrogating Article 370 is a ‘bilateral
issue’ and an ‘internal affair’ but it has consequences on
regional surroundings.”
● USA: “While we support these objectives, the US State
Department remains concerned about the situation in the
Kashmir Valley”
Would the Abrogation be beneficial?
● Union Territories are controlled and administered
directly by the Central Government
● Volatile and unstable areas often benefit from swift
intervention
● Incumbent Government claims abrogation would
aid in reducing corruption and enabling
integration
Methodology Exercised in Abrogating
Article 370
● Norms of House bypassed - crucial bills passed by
LS, RS in a single day
● Govt. has arrested, detained and imprisoned over
5000 individuals from J&K to suppress any and all
forms of dissent, many of them under the PSA
 Precedents Set - Good or Bad?
● Zero deliberation on vital constitutional
amendments by Legislature
● Executive has curtailed fundamental rights, human
rights, and civil liberties
● Judiciary has treated petitions challenging
Executive decisions, especially those infringing
upon fundamental rights, with an alarming lack of
alacrity