CIA I

The Impact of Article 370 on the Constitutional Identity of Jammu and

Faculty: Dr. Rajeesh C S

Department of Political Science and History

CHRIST (Deemed to be University)

Submitted by

Vamil Maheshwari (2234159)

4EMP
Introduction :
The federal fabric of India relies on a delicate mix of national unity with regional autonomy.
The Constitution's delicate separation of legislative authority between the central government
and the states is at the core of this balance. Within this framework, however, is an intriguing
anomaly: Article 370, which grants Jammu and Kashmir an exclusive and contentious status
in Indian politics. This article dives into the intricate interaction of legislative authority,
centre-state relations, and the cryptic Article 370, attempting to unravel the Gordian web that
marks their relationship.
On the one hand, the distribution of legislative powers included in Part XI of the Constitution
creates a federal system with clearly defined domains of responsibility for the Centre and the
states. The Union List, State List, and Concurrent List categorise subjects and determine
which legislative bodies have authority over them. This finely woven cloth, however, has a
crease in the shape of Article 370. Originally intended as a transitory provision, it allowed
Jammu & Kashmir a separate arrangement of legislative powers, limiting the federal
Parliament's authority on certain issues.
This unusual arrangement produced a slew of political, legal and societal questions. Was
Article 370 a pillar of self-government and cultural preservation in Jammu and Kashmir, or
could it hinder national unity and policy consistency? Did it strengthen the state or generate
an administrative labyrinth that exacerbated tension between the Centre & the Periphery? We
must begin on a multi-dimensional quest to uncover this complexity. Going back in time to
trace the origins of Article 370 and its influence on the original power-sharing deal with
Jammu and Kashmir. We examine how interpretations and court declarations modified its
meaning and significance throughout time. Furthermore, we examine how Article 370 affects
the nation's legislative autonomy, policymaking ability, and inclusion within the national
fabric.
With this scholarly tapestry, I seek to untangle the tangled web of legislative authority,
centre-state relations, and the riddle of Article 370, providing a comprehensive examination
of an issue that continues to affect the Indian national narrative.

Historical Perspective:
Article 370 arose in the tumultuous furnace of Partition, not in the idealised designs of an
independent India. In 1947, Maharaja Hari Singh, ruler of Jammu and Kashmir (J&K), a
Muslim-majority kingdom bordering a newly formed Pakistan, faced a difficult decision.
Acceptance into India implied probable internal strife and absorption into a Hindu-majority
nation. By choosing Pakistan, the region risks additional conflict.
The Maharaja, caught in this global crossfire, first remained noncommittal. His indecision, on
the other hand, became unsustainable. In October 1947, tribal raiders supported by Pakistan
attacked J&K, pressing the Maharaja's hand. While his capital was under attack, he accepted
the Instrument of Accession, promising J&K's loyalty to India. This accession, however, was
not unconditional. Article 370, designed as a special appendix to the Indian Constitution,
underlined the agreement's tenuous character. Most constitutional provisions were exclusive
to J&K, providing the state with remarkable independence in its internal affairs. Health care,
learning, and land reform remained firmly within the jurisdiction of the J&K legislature,
leaving out a space for self-government inside the Indian Union.
Though intended to be transitory, Article 370 has become a cornerstone of the political scene
in J&K. It fulfilled numerous functions:
• Appeasement: It assuaged Muslim-majority worries by providing a feeling of social and
administrative space inside a Hindu-majority nation.
• Practicality: It satisfied the Maharaja's wish for some autonomy.
• Geopolitical expediency: It ensured India's admission to J&K, averting its loss to Pakistan
and protecting a strategically critical border territory.
This shifting dynamic generated a volatile environment in which autonomy ambitions battled
with integrationist forces. Article 370, which was meant as a bridge, evolved into a
contentious battleground, defining the course of centre-state ties in J&K and creating a legacy
of complicated emotions and unanswered problems.
Autonomy, Disparity, and Discord
Article 370, a one-of-a-kind constitutional clause, has left a long veil over the history of
Jammu and Kashmir (J&K), leaving a legacy engraved that includes empowerment and
obstacles. Its independence allowed J&K to implement legislation like as the 1971 Agrarian
Reforms Act, which dismantled the oppressive "landed aristocracy" and empowered peasants.
However, inconsistent execution revealed the difficulty of reconciling independence with
equitable resource distribution. Similarly, despite preserving cultural identity, the
government-owned university system experienced financing and access problems,
highlighting the dichotomy between self-government and resource constraints.
Disparities were not restricted to policy. Data provides a clear picture: the Kashmir Valley,
which enjoys more autonomy and development activities, stands in sharp contrast to the
marginalised districts of Jammu and Ladakh. Historical neglect, insufficient resource
allocation, and difficult topography aggravated the problem. Urban-rural differences within
each area exacerbated inequality. Cities prospered in terms of facilities, healthcare, and
employment, whereas rural villages lagged behind. To close these gaps, specific development
strategies focusing on infrastructure in rural areas and livelihood prospects are required.
Representation, too, represented a complex picture. Sheikh Abdullah's early supremacy
obscured the marginalisation of Dogras and Ladakhis, igniting calls for more equal power-
sharing. Although representation of various populations has grown over time, issues about
political involvement and resource distribution remain. Reservation laws for marginalised
tribes such as Scheduled Castes and Scheduled tribes confront implementation issues,
underlining the difficulty of rectifying historical inequities.
At the national level, the constraints on central laws imposed by Article 370 produced gaps in
areas such as transparency. The first failure of the Right to Information Act (2005) to apply in
J&K aroused worries. Disagreeable legal interpretations, such as the 2002 Supreme Court
decision authorising the expansion of central citizenship rules, exacerbated tensions,
highlighting the dichotomy between independence and national homogeneity.
Centre-State Relations in Jammu and Kashmir Post-2019:
The repeal of Article 370 in 2019 and the subsequent reorganisation of Jammu and Kashmir
into Union Territories (UTs) fundamentally altered the landscape of center-state relations in
this complicated area. Unpacking the subtleties of this transition necessitates going past
immediate reactions and diving into the long-term implications on the Indian federal
structure.
Power Dynamics Recalibration: Abrogation eliminated J&K's independent legislative space,
placing its legislation directly under the jurisdiction of the Indian Parliament. This
centralisation clearly boosts the Union's power, blurring the distinction between the centre
and the UT. Proponents say that this promotes consistency and allows for more rapid
development projects. Critics, on the other hand, are concerned about the degradation of
J&K's distinct character and the potential marginalisation of local voices.
A New Paradigm for UTs: The formation of the two UTs, Jammu & Kashmir and Ladakh,
complicates matters even further. While Ladakh's UT designation emphasises its distinctive
cultural and geographical identity, fears of combining Jammu and Kashmir remain. Tensions
between these areas in the past have raised concerns about equal representation and resource
distribution within the UT. This model's long-term success is dependent on overcoming these
challenges and guaranteeing balanced growth in both regions.
Federalism's Future Is Uncertain: These developments will have an influence beyond J&K,
perhaps changing centre-state ties within the greater Indian federal structure. The precedent
created by abrogation may empower the Centre to seek greater authority across other states,
raising worries about the erosion of the essential principles of federalism. In contrast,
effective UT integration, while honouring local ambitions, might provide a new paradigm for
managing various states within the Union.

Comparative Analysis:

Domestic Comparisons:

• Distinct Status States: J&K resembled states such as Sikkim and Mizoram, which
additionally benefited from special laws due to their distinct historical and cultural settings.
Sikkim's constitutional integration in 2003 provides a viable model for discussing prospective
options for J&K, while Mizoram's prolonged unique status and restricted legislative
autonomy suggest alternate alternatives.
• Asymmetrical Federalism: The notion of asymmetrical federalism, in which various states
have differing degrees of autonomy, pertains to the situation of J&K prior to 2019. However,
with its special parliamentary list for residual affairs, its independence surpassed that of states
like Andhra Pradesh. Understanding J&K's place within the Indian federal environment is
critical.
Political and social situations prevailing at that time:
In Jammu and Kashmir (J&K), the impact of Article 370 is carved into both empowerment
and obstacles, its influence rippling throughout legal sectors, public debate, and social fabric.
This clause provided extensive legislative authority to J&K, resulting in distinctive local
legislation such as the 1971 Agrarian Reforms Act, which empowered peasants. However,
inconsistencies in execution showed the difficulty of reconciling liberty with resource
allocation. Similarly, despite conserving cultural identity, the state-run university system
experienced financing difficulties, illustrating the dichotomy between resource constraints
and self-governance.
Disparities were not restricted to policy. Data show strong regional inequalities, with the
Kashmir Valley experiencing greater development and autonomic activities than Jammu and
Ladakh, which felt marginalised. Historical neglect, insufficient resource distribution, and
difficult topography exacerbated regional differences. Within each area, urban-rural splits
deepened the disparities, with cities growing while rural populations stagnated. Addressing
these gaps necessitates specific development strategies centred on infrastructure in rural areas
and livelihood possibilities.
Representation, too, portrayed a varied image. Sheikh Abdullah's early supremacy obscured
the marginalisation of Dogras and Ladakhis, spurring calls for equitable power-sharing.
While representation of different populations has grown over time, there are still issues about
political engagement and resource distribution. Even well-intended reserve plans for
marginalised populations suffer implementation issues, underlining the difficulty of rectifying
historical inequities.
The constraints on central laws imposed by Article 370 caused gaps in areas such as
transparency at the national level. The first failure of the Right to Information Act (2005) to
apply in J&K sparked worries about accountability. Disagreeable legal interpretations, such
as the 2002 Supreme Court decision authorising the expansion of central citizenship rules,
exacerbated tensions, highlighting the dichotomy between autonomous and national
homogeneity.
The repeal of Article 370 in 2019 and the consequent reorganisation of J&K into Union
Territories fundamentally altered the landscape of center-state relations. This centralization
boosts the Union's power by blurring the distinction between the centre and the UT.
Proponents believe that it promotes consistency and allows for speedier development
projects, while detractors worry about the degradation of J&K's distinctive character and the
potential marginalisation of local voices. The establishment of two UTs complicates matters
even further, necessitating sophisticated measures to deal with concerns about equal
representation and resource distribution within each UT.
Constitutional and legal frameworks:
The legal legacy of Article 370 in J&K remains a complicated web, closely linked to India's
Constitution and provoking continuous discussion. Examining its subtleties exposes its one-
of-a-kind status inside the legal framework. Article 370, unlike a conventional state
constitution, served as a bridge, allowing J&K's legislature to approve particular
constitutional articles while retaining its separate legislation on issues like rights to property
and permanent residency. This one-of-a-kind relationship, however, created difficulties with
other constitutional clauses, resulting in court fights over interpretation and scope.
Supreme Court rulings on Article 370 introduced levels of complication. While supporting
the abrogation procedure, the 2023 ruling acknowledged Article 370's transient character and
the contingent reliance on J&K's now-dissolved Constituent Assembly. While this ruling
provided legal closure, it also raised issues regarding its broader ramifications for future
jurisprudence. Could it serve as a model for changing other special clauses in the
Constitution? This is a contentious issue, with the potential to shape subsequent legal
discussions of federalism and the sovereignty of states.
Conclusion:
In Jammu and Kashmir, the legacy of Article 370 is as complex as a Kashmiri carpeting
interwoven with strands of empowerment, inequity, and discontent. Its ramifications may be
found in legal complexities, public debate, and the region's social fabric. While it promoted
local autonomy and cultural identity, it also stoked fears of marginalisation and national
integration.
The 2019 abrogation opened a new chapter in centre-state relations, raising concerns about
autonomy, growth, and the long-term prospects of J&K. Moving ahead, it is critical to
acknowledge past events and their intricacies. We must comprehend the historical backdrop,
and the growth in power dynamics, including the many points of view on each side of the
split.
However, obsessing over previous disputes will not help us go ahead. The pillars of progress
are informed discourse, openness, and the development of trust. The demand for diversity
extends beyond legal and political discussions. It necessitates acknowledging all groups'
ambitions, resolving issues of identification and representation, and guaranteeing fair
development throughout the area.
The future of Jammu and Kashmir does not lay in repeating old disputes, but in creating new
paths. Economic empowerment is one possible way. We can unleash an age of shared
prosperity and peace by empowering communities, encouraging entrepreneurial activity, and
investing in infrastructure. Building a thriving economy may serve as a bridge between
different points of view, encouraging a sense of responsibility and common growth.
 References

Article 370 of the Constitution: A timeline. (2023, December 16). Supreme Court

Observer. https://www.scobserver.in/journal/article-370-of-the-constitution-a-

timeline/

Article 370 of the Constitution: A timeline. (2023, December 16). Supreme Court

Observer. https://www.scobserver.in/journal/article-370-of-the-constitution-a-

timeline/

Bose, A. (2022, March 4). Centre-state relations and its impact on good governance.

iPleaders. https://blog.ipleaders.in/centre-state-relations-impact-good-governance/

Centre state relations in context of Jammu and Kashmir. (n.d.). Legal Service India - Law, Lawyers

and Legal Resources. https://www.legalserviceindia.com/legal/article-4653-centre-

state-relations-in-context-of-jammu-and-kashmir.html

Constitutional pluralism and article 370. (2023, October 2).

Verfassungsblog. https://verfassungsblog.de/constitutional-pluralism-and-article-370/

Introduction. (2011). OUP Academic. https://academic.oup.com/book/26414/chapter-

abstract/194786330?redirectedFrom=fulltext

NL Team. (2023, December 12). SC on article 370: Modi’s oped across papers, the Hindu’s scathing

editorial vs everyone else’s.

Newslaundry. https://www.newslaundry.com/2023/12/12/newspaper-editorials-on-

abrogation-of-article-370-sc-verdict-narendra-modi-oped

The selective misinterpretation of article 370. (2023, December 27). Economic and Political

Weekly. https://www.epw.in/journal/2023/51/law-and-society/selective-

misinterpretation-article-370.html

(n.d.). SUPREME COURT OF INDIA. https://main.sci.gov.in/pdf/LU/article_370.pdf

The Hindu. https://www.thehindu.com/news/national/supreme-courts-verdict-

abrogation-of-article-370-explained/article67626973.ece