Can Article 370 be revoked? How Let’s Analyze

Article 370 grants independent status to the state of Jammu and Kashmir. These days, a debate on revoking the article 370 has started. BJP has a big role to play in it because the new Prime Minister of India and BJP’s task master Narendra Modi had promised to repeal it. The strange thing is that BJP earlier was not in the favour of this law due to majority problems. But now, as things have changed, the party is now ready to have a debate with the stakeholders and do something about it. In fact, BJP has a plan in front of them and that is to help the Kashmiri Pandits to return back to their homeland. They also want them to live a secure future. But the decision of such a debate is obviously facing oppositions from people like Chief Minister of Jammu and Kashmir, Omar Abdullah. Everyone is eyeing on the matter whether Article 370 can be revoked or not.

Article 370 explained in simple terms:

According to Article 370, all the laws that the Indian parliament passes for J& K, needs an approval of the state government before they get implemented. Exceptions to these laws are those related to defence, foreign affairs, communication and finance. The state of Jammu and Kashmir is currently being governed according to the specific laws of the state itself. Those laws come under the constitution of Jammu and Kashmir instead of rest of the country.

Problems with revoking Article 370:

Now that the question of revoking the Article 370 has risen, people are concerned about its effects. There are different views for the same. As per the statements given by Omar Abdullah, if this Article is revoked, there will be a huge gap between the state and Indian Union. The other major issue is that Ladakh will be made a Union Territory which implies that it will be detached from Jammu and Kashmir. His prediction is that there will be disturbances in the state and its relations with the rest of the country. It is believed that completely abolishing this Article will help J & K to attain same status as that of other states in the constitution. As far as the people are concerned, they feel that unemployment is also a big issue as they have to go outside for jobs.

The other side is completely opposite. There are many people who think that Article 370 will be a good step for the long run. Because of this Article, anyone who is not a native Kashmiri cannot buy property inside the state.It will get better job ,employment and living situations to the sate as nationa law and orders will be applicable to it. It is also supposed that this Article will act like a bridge between the state and the centre. Some feel that Article 370 preserves the identity, culture and freedom of the people living in J & K.

There is debate everywhere regarding whether it is even possible to revoke it or not. As per the comments by Fayaz Ahmad Bhat, who is senior leader of BJP, the Article 370 can be removed only by the constituent assembly of Jammu and Kashmir. The problem is, it is no more possible to reunite the members of the assembly because there were 75 members when the law was made, but now, only 2 out of those 75 are alive.

Revoking or abrogation of this law will need an amendment in the constitution which is not going to be an easy thing to do. It might involve changing the structure of the constitution which the parliament cannot do without the approval of the state government. It is not yet finalised whether Article 370 will need a change in the structure of the constitution or not. The major blockage in abrogation of this law is that in this ase India’s accession to Jammu and Kashmir will terminate.

Every political leader has his views regarding this matter. The crux of the matter is, people living in Jammu and Kashmir have different opinions as that of the rest of the country. The belief that the state will no more be a part of India if this Article 370 is implemented is not agreed upon by people who are in the favour of it. It is true that whether this Article is revoked or not, Jammu and Kashmir will always be an integral part of India.

Possible Solution:

The state is going for elections this year end, so if BJP can be able to form a majority Govt., only then it has power and freedom to got permission from J&K assembly to get resolution passed to remove Article 370, but it still hard nut to crack not impossible.