The Untold Story of Article 370

When the first light appeared above Srinagar's Dal Lake on August 5, 2019, a silent valley was revealed. There was an uncomfortable tension in the chilly air. Almost as if time had stopped, streets were closely guarded, stores were closed, and roads were empty. Millions of pilgrims and visitors were told to leave the valley as the Amarnath Yatra was suddenly stopped. Phone and internet services were compromised.

Schools and institutions were closed, Section 144 was implemented throughout the region, and several well-known Kashmiri leaders were placed under house arrest. Although nobody knew what was going to happen, many could sense that something significant was about to happen.

In the meantime, rumors and discussions were circulating in the Delhi Parliament. Whispering among themselves, lawmakers anticipated a significant statement from the Home Ministry. Speculation outside and tension within the Parliament grew like wildfire. Everyone's eyes were on the Home Minister when he walked into the meeting with documents.

Chaos erupted in the chamber as soon as he presented a resolution to the house. This was no typical document; rather, it was a watershed in the development of India's constitution. That day ended the presence of two constitutions, two flags, and two distinct administrative identities within one country—things that had looked unalterable for decades.

This is the tale of the repeal of Articles 370 and 35A, which had given Jammu and Kashmir a unique status for many years. The idea that Article 370 could never be altered was ultimately put to rest at that point.

Jammu and Kashmir, sometimes referred to as "Heaven on Earth," is both stunning and historically complicated. It saw numerous conflicts, invasions, and monarchs over the course of centuries. The Dogra family ruled the area as a princely state during British rule. Maharaja Hari Singh took control of it in 1925.

Despite having a Hindu king, the majority of people in the area were Muslims. Allegations of unfair treatment increased community discontent, leading to the emergence of political figures who called for reforms. Protests started, a political movement quickly gathered momentum, and eventually the area was plagued by years of upheaval.

In 1947, things took a very bad turn. The Maharaja refused to submit to Pakistan after India got independence because he feared losing his throne under Indian democracy. However, tribal invaders supported by Pakistan assaulted Kashmir in October 1947, burning towns and killing a great number of civilians.

The Maharaja asked India for military assistance while his realm was under siege. Only after formal accession could aid be provided; as a result, Kashmir formally joined India on October 26, 1947.

The majority of the assailants were driven away by Indian forces, but the war was brought to the UN before it could be completely resolved. A cease-fire was announced. Pakistan-occupied Kashmir (PoK) is the name given to the regions that Pakistan took. Pakistan was asked to remove its troops before holding a vote, but this never happened. As a result, the plebiscite remained an unfulfilled promise.

In the end, Kashmir's constitutional relationship with India required a compromise. Article 370, a temporary measure granting Jammu & Kashmir its own constitution, flag, and considerable autonomy, was the outcome. India could only enact laws pertaining to communications, foreign policy, and defense.

The state's Constituent Assembly has to approve any additional constitutional application. Subsequently, Article 35A was added, defining permanent resident and limiting outsiders' rights to land ownership, government employment, and settlement. Additionally, the clause discriminated against Kashmiri women who married outside the state by depriving them and their offspring of residency and property rights; males were not subject to the same regulations.

These essays were questioned throughout India for encouraging inequality within a single country, despite their acceptance in Kashmir. Kashmir and the rest of the country were psychologically and legally divided by two flags, two constitutions, and distinct rights. Separatism became stronger over time, political allegiances changed, and what was supposed to be temporary turned into one of India's most intricate constitutional complexities.

For many years, it appeared almost impossible to repeal Article 370, particularly following the breakup of Kashmir's Constituent Assembly, whose consent was legally needed. However, when the government proposed a resolution to cancel it and reorganize Jammu & Kashmir as a union territory, history changed. This action eliminated the special status and completely merged the area into the Indian Union, which was previously unthinkable.