Dinesh Kamath's Editorial 'Remove article 370 of the Constitution' that was published in Newsband

Remove article 370 of the Constitution

Article 370 of the Constitution determines the constitutional relationship between Jammu and Kashmir and the rest of India. Its abrogation is an avowed policy of the Bharatiya Janata Party. But the J&K High Court remarks that Article 370 is beyond amendment, repeal or abrogation

One of the features of Article 370 is that a Constitution amendment becomes applicable to J&K only after the President issues an order. Article 370 impliedly rules that the President’s power to issue orders, as has been done over the years making several laws and provisions of the Constitution applicable to J&K, remains untrammelled.

Some may find the observation that Article 370 is beyond repeal or abrogation debatable. Parliament’s amending power under Article 368 remains available for such a measure.

Article 370 was introduced as a temporary measure. Indian Parliament under 368 can amend any part of constitution provided it remains under basic structure of the constitution. There is requirement of presidential order for extending any act to J& K. Under this power president has extended various acts including the Civil Services act, Powers of election commission of India, Supreme court to act as appellate authority for cases decided by J& K high court etc. Thus article 370 in itself is not rigid and permanent as can be seen. The overall objective should be to integrate J& K with whole of country for effective governing in a streamlined manner.

If there can be so many amendments to our constitutions why not an amendment to Article 370, there by complete integration of J & K can happen with India. Modi government’s step to remove Article 370 is absolutely right descision and even the team RSS is supporting it. So, the Prime Minister should raise this issue (removing art. 370) with our President and Chief Justice of India and they should remove the art. 370 of J & K at the earliest possible. Because, India is called Union of States, all the states equally belongs to the Indian Constitution.

Article 370 is misconceived law. It has not produced any results. It’s time to integrate Kashmir with rest of India by abolishing 370. Special treatment is taken by hardliners and extremists as a reason to keep the issue burning. Common man in Kashmir is not dependent or doesn’t need 370.

Just get the Supreme Court to declare Art 370 temporary and hence open to amendment without affecting our territorial sovereignty. After all, the law is what the judges say it is. So, get the Supreme Court to say so and then bring J&K under the Constitution of India.

The article 370 has paved the way for so much corruption, radicalisation, terrorism and unaccountability in all spheres of governance affecting the lives of the people. The JK government is also not accountable to the Union Government regarding financial propriety due to non applicability of many articles resulting in a ruling elite indulging in monumental acts of corruption. In this great autonomous state the center has to dole out Indian tax payer's money for the maintenance of anti nationals and criminals even as people who do not come under the state's permanent residents continue to suffer due to lack of rights.

Sooner or later Article 370 has to go. J&K state gets the central financial assistance as 90% grant and 10% soft loan. You can't have special status for just one state and let other states suffer due to step motherly treatment.

Anyway, the provision in Art 370 of the Constitution, gives a particular area special powers not available to the People of the rest of the country. It should be abrogated with courage and extraordinary steps not caring for what they say.