Article370 And 35a: Why The Debate?

ARHAN ANAND

The article 370 and 35A of the Indian constitution have been a matter of great conflict, discussion and controversy ever since the state of Jammu and Kashmir decided to become a part of the Republic Of India in accordance to the instrument of accession. Reinvoking the same discussion, PM Narendra Modi during the run up to the elections had stated multiple times that a debate, involving all stakeholders, would be held on Article 370 and related controversial provisions of the Indian Constitution which brought the articles again in the limelight.

This makes it all the more necessary for us to know what articles 370 actually states. According to this Article the Parliament, except for matters related to to defence, external affairs, finance & communications needs the state governments concurrence for application of any legislation. The entire set of laws governing citizenship, ownership of property and most essentially fundamental rights are different in J&K as compared to rest of India.

It is a fact that Article 35A is the sole provision Now, the issues being raised around the article have become more intense in the fact that involvement of the general public and media in the discussion has increased leaps and bounds.The fact that these issues are political in nature and desirably require a resolution, even abrogation, through political means is also borne out by reality that Article 370 found resonation before the 2014 Lok Sabha elections and that the debate on 35A is raging in the run up till date. As was in the past and unfortunately the debate on Article 370 this time around is also not on desired lines as was suggested by Modi. It has taken the contours of political, communal, regional and religious lines and not based on reality. The reality would be that a debate should have been held based on past 70 years of experience with Article 370 and subsequent 35A and in terms of how beneficial these provisions had been to Jammu and Kashmir and the country as a whole.Although a part of the Indian Constitution, it is neither discussed in the Constituent Assembly nor in the Parliament. This Article was formulated and implemented by a presidential order by Dr. Rajendra Prasad on the advice of the cabinet in the year 1954.

The solution or the end of this debate can only come from legal quarters .So in my opinion let the Supreme Court determine the Constitutional status of Article 370. But political parties and governments should work on amicably addressing the related issues rather than politicising these for petty electoral gains.