Opinion | Naya’ Kashmir

How was the Decision to Remove Article 370 Taken?

The decision taken by the Union Government of India 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 that time clearly states that there was no state govt existence there. There was no state assembly because Jammu and Kashmir has 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 Happened 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 and 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 Abrogation 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.
Moreover, the Centre said work on transit accommodation for the safe return of Kashmiri Pandits to the Valley was in an “advanced stage and is expected to be majorly completed in the next one year”. The Ministry said certain sections of the society, such as west Pakistan refugees, displaced persons from Pakistan-occupied-Kashmir, children of women who married outside the erstwhile State, safai karamcharis, etc, had now begun to enjoy all the rights available to citizens in other parts of the country. Reservation had been extended to persons residing in areas adjoining the Actual Line of Control, it noted. Seats had been reserved for Scheduled Tribes persons and the Pahari speaking people. The affidavit said a duly-elected three-tier panchayati raj system could be established for the first time in the history of Jammu and Kashmir after 2019. Crucial Central laws, including right to free education for children and land acquisition compensation statutes, were now applicable in Jammu and Kashmir. In fact the annual budget of Jammu and Kashmir had grown from ₹80,423 crore in 2019-20 to ₹1,18,500 crore in 2023-24. Infrastructure developments included the completion of 32 out of a total 53 projects worth ₹58,477 crore under the Prime Minister’s Development Package. The affidavit listed other significant changes in the fields of health, hygiene, hydro electric projects, higher education, etc.
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.
– The writer is a Vice President Voice of Youth, Social Activist from Srinagar. He can be reached on Twitter @Hameem_Kapra_