Article 370 Advantages And Disadvantages: Article 370 was a means of keeping Kashmir connected to India. This article earlier granted a special status to Kashmir, due to which Kashmir was able to maintain a constitution of its own, separate from the Indian constitution. It could have had a flag of its own, separate from the Indian flag.
The powers of the Indian Central government would initially be applicable only in three areas:
- external affairs,
- defense, and
- communication.
There was another article after 370, which was article 35 A, that clearly defines the permanent residence of Kashmir. It also stated that no outsider is permitted to buy land or property in Kashmir. No one can avail of educational qualification, no one can apply for government jobs, and no voting rights will be given to outsiders. The primary purpose of removing article 370 is to integrate Kashmir into India. After the removal of the article, the status given to Kashmir has been scrapped.
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How was the Decision to Remove Article 370 Taken?
The decision taken by the BJP government has technically removed article 370 from the Indian constitution by proving it null and void. Clause 3 within article 370 states that “this article can cease to exist.” This means that this article can be declared null and void through a presidential order in consultation with the constituent assembly of Jammu and Kashmir. Thus the President and the state government of Jammu and Kashmir can take this decision jointly. But the situation at present clearly states that there is no state govt existence there. There is no state assembly because Jammu and Kashmir have been under the President’s rule. The powers of the state government were transferred to the Parliament of India. Thus, after the presidential order, the parliament of India decided to declare article 370 null and void. This is what exactly happened on 5th August 2019. After this decision, article 35, A automatically disintegrates.
What Will Happen After Article 370 was Removed?
After the decision of article 370, there is no separate constitution of Jammu and Kashmir, no separate flag. Now Indians can come to J & K to purchase land there, avail of educational scholarships, and apply for government jobs.
The people who supported this decision clearly say it is for the betterment of Kashmir. It is a win-win situation for the Kashmiris and Indian both. Now,
- Indians can buy land there and make huge investments, which will help the land prices rise there in Kashmir.
- The local Kashmiris will get more money for the land they give on lease to the Indians.
- Companies can come and invest there, which will, in return, create more jobs.
- Educational opportunities will increase when Indians come and study there.
- We Indians can get government jobs and avail of scholarships. All this will lead to the overall economic development this will lead to employment opportunities for the Kashmiris.
- Crime will reduce as people will not entertain terrorism instead of working and earning for themselves and their families.
- Now Kashmiris will get the right to education and the right to information.
- Kashmiri pandits who had to run away after the article 370 decision was taken can come and settle down in Kashmir again.
Advantages of Article 370
- Better relationship with Indians and Kashmiris: The removal of article 370 is beneficial for the people of Kashmir as they can now unite with the rest of India. They can be a part of India, and Indians can be a part of Kashmir. They can apply for educational scholarships. They can get government jobs there in Kashmir.
- One nation and one flag: all of India is now together. There is no separate constitution for Kashmiris and Indians. All will follow the slogan one nation, one constitution.
- Chances of economic development are high now: after the removal of article 370, people of Kashmir can earn well by working in the upcoming companies set by the Indians. Increasing jobs will automatically reduce crime. People of Kashmir can sell their lands on lease to the Indians, which further will act as an economic gain for the Kashmiris.
- Private investors can invest in buying land and setting up industries: private investors can set up factories in Kashmir that will open job opportunities for Kashmiris and Indians. 40% of the Kashmiris are jobless, which is the primary reason for increasing crime in the valley. After the private investors start investing in Kashmir, the anti-social activities will reduce. Prices of the lands will increase, which will help Kashmiris to make good profits.
- Right to education and information: All the Kashmiris have the right to education with the removal of article 370. As the country will be a part of one nation, one flag, now Kashmiris have the right to know everything. The law now gives the Kashmiris the right to get education from good institutes present within the state. Investors will invest in Kashmir, and there are 100% chances of new educational institutions coming to the valley; thus, this will make children, especially girls, educated.
Disadvantages of Article 370
- Kashmiris feel that it is illegal. This decision can be compared to Fascism: Kashmiris clearly say that they were not even aware that the Indian government was planning to remove article 370. Separately this has been removed without taking permission and without informing the J&K govt. Internet was turned off on 5th august 2019, hundreds of troops were called, landlines were turned off, and even Kashmiri politicians were kept on house arrest. The locals of Kashmir were locked up in their homes, and then suddenly, this decision was imposed on the Kashmiris. Having dissolved the State Assembly of Jammu and Kashmir and imposing President’s rule there in Kashmir, this decision was taken.
- It is similar to dictatorship as it was unconstitutional: the Kashmiris feel that nobody is paying heed to what they want. The Indian leaders are not even listening to the democratically elected politicians of J&K. imposing article 370 on Kashmir was unconstitutional, and this amounts to cheating with the Kashmiris. The decision of removing 370 from the constitution was taken when the state assembly was not existing. It is considered cheating as people were told that 10k troops were brought there in Kashmir valley as there were chances of a terrorist attack.
- The status of J&K has been removed, and it has been declared as union territory: earlier, Jammu and Kashmir has a special status that has been reduced after article 370. But now, it has gone below the normal state and has been declared as a union territory. The democracy of a union territory is much lower than a normal state, and the central government will have much more control over the state now.
- The elected state government can not take all the decisions on their own: After article 370, the Kashmiris can elect the state government, but their rights will not be the same now. Democracy will be reduced now in J&K. The people of Kashmir are not accepting the decision wholeheartedly, which in the long-term will give rise to other political and social conflicts. This decision will not come into actualization until the people of Kashmir wants to integrate with the Indians.
Advantages And Disadvantages Of Article 370 In Tabular Form
| Advantages | Disadvantages |
|---|---|
| 1. Special status and autonomy for Jammu and Kashmir | 1. Hinders integration of J&K with the rest of India |
| 2. Protection of land and property rights of permanent residents | 2. Hinders economic development and investment |
| 3. Right to enact their own laws and regulations | 3. Hinders the application of central laws in J&K |
| 4. Control over their own education system | 4. Hinders the application of central schemes and programs in J&K |
| 5. Exemption from the Right to Education Act | 5. Hinders access to quality education for children in J&K |
| 6. Exclusive control over their own resources | 6. Hinders the application of central policies for resource management |
| 7. Right to fly their own flag | 7. Hinders the national unity and identity of India |
| 8. Protection of their unique cultural identity | 8. Hinders social integration and national unity |
| 9. Local government control over land and resources | 9. Hinders the application of uniform laws in J&K |
| 10. Right to determine permanent residency in J&K | 10. Hinders free movement of people and opportunities for employment |
Conclusion on Article 370 Advantages And Disadvantages
After the removal of article 370, the whole nation will follow the slogan one nation, one flag, and one constitution. Now the Indian National flag cannot be insulted anywhere in India and Kashmir. If anyone from Kashmir does this, they will be punished under the new laws set by the government. The essential privilege the Hindus and Shiks living in Jammu And Kashmir will get will be eligible for a 16% reservation. After the removal of article 370, all the orders issued by the supreme court will be liable for Kashmir. The assembly of J&K will walk hand in hand with the Indian government and follow what the Indian constitution has to say. Earlier, the residents of Kashmir had two citizenship, but after the removal of 370, now everyone living in J&K is Indians. Thus, in short, this decision will make us all united, and we will all be Indians.