Okay…first things first…”what is Article 370?” (for only then can we go on to discuss and debate if it should or could be abolished?!?)
Article 370 — enshrined in the Indian Constitution — makes a temporary provision for the state of Jammu & Kashmir, granting it special status vis-a-vis its autonomy. This is why if you have ever read the IPC (or the Indian Penal Code) or Criminal Procedure Code, you would have certainly noticed how the laws extend to the whole of India, except the state of Jammu and Kashmir. In fact, J&K has its own set of laws, put in place for its people.
Of course, before we begin to dissect the nuances of the said Article, it is important to understand its genesis. As has been recounted on numerous occasions, when the Britishers departed from India, the Maharaja of Kashmir, Hari Singh had only three options before him: 1) remain independent, 2) accede to India, or 3) accede to Pakistan. Not surprisingly, the Maharaja chose to remain independent and therefore declared himself independent in 1947. However, as expected…the Pakistani forces immediately launched its guerrilla warfare against the ruler, with the hopes of freeing its majority Muslim population from the clutches of a Hindu ruler.
Hari Singh was then forced to request the Indian government for help, who insisted on Kashmir’s ascension to India before it sent its forces to Hari Singh’s aid. The king conceded and thus signed the accession treaty on 26th October, 1947…and J&K officially became an “Indian” state (or did it?!?)
That’s where Article 370 comes into play. You see, Article 370 was the result of a negotiation that took place between the then “Prime Minister” of J&K (appointed by the J&K ruler), Sheikh Abdullah, and Motilal Nehru, the then Indian Prime Minister, who incidentally had kept the Kashmir portfolio for himself, at the exclusion of Sardar Patel, the Indian Home Minister. Furthermore, even as Lord Mountbatten convinced Nehru to take the Kashmir issue to United Nations, it was Sheikh Abdullah who played an important role in getting Kashmir its “temporary” special status.
Of course, what’s important to remember is that the accession of Kashmir to India was not absolute! Thus, Kashmir, which was governed by its own Constitution, did not merge with India as the rest of the Indian states. The Instrument (of accession) only created a temporary arrangement, whereby the Indian government would cater to the subjects of Kashmir’s defence, finance, communication and external affairs; even as J&K would continue to have its own constitution. [Note: Of course, as of today…there are certain provisions of the Indian constitution that do apply to the state of J&K, namely: the provision for President’s rule, and the jurisdiction of Supreme Court, the Election Commission and the Comptroller and Auditor General.]
Thus, Article 370 was envisioned as a ‘temporary’ provision so that the people of Kashmir had enough time to come to terms that they were an integral part of India. The word that is important to remember here is the word — “temporary”. Thus, Kashmir was never granted its special “autonomous” status for ad infinitum. Even when the provision was provided for, it was a “temporary” provision! Thus the abrogation of 370 is inevitable…and is simply a matter of time!
Great news, thank you