Ranbir Singh Pathania
“Congress speaks language of Pakistan”. “Article 370 has been buried.” The trail has been blazed by Prime Minister, Narendra Modi.
Modi’s clear stance on Article 370 has reignited a debate that resonates with the spirit of India’s national unity and equitable justice for all its citizens, especially those in Jammu and Kashmir. It rather fits into a Shakespearean quote,
“This time is out of joint. O cursed spite.
That ever I was born to set it right.”
Article 370 led to a sense of isolation of people of J & K from the broader Indian framework. Since the revocation, J&K has witnessed a paradigm shift marked by integration into national mainstreams that promote growth, equality, security, and transparency.
Titled as ‘Temporary provisions regarding state of J & K”, Article 370 was drafted and piloted by Gopalaswamy Ayyangar in India’s Constituent Assembly. Ayyangar’s motivations for proposing the article were debated even then. Some argue his actions might have stemmed from a personal grudge against Maharaja Hari Singh. Nonetheless, Ayyangar emphasized its temporary nature,
He is on record having said in the Constituent Assembly: “Till a Constituent Assembly comes into being, only an interim arrangement is possible and not an arrangement which could at once be brought into line with the arrangement that exists in the case of other States.”
Sheikh Mohd. Abdullah, the seeker of ‘something special for J & K’ which he wanted to show it to people of J & K, also questioned the arrangement in 1953.
It was floor of Lok Sabha, 27 December, 1963, the then Prime Minister, Jawahar Lal Nehru, proponent of the idea, said, “Article 370 had been eroded and Kashmir stands fully integrated” . Nehru’s colleague and the then Home Minister Gulzarilal Nanda went a step further and told Parliament, “Article 370 is nothing more than a shell emptied of its contents. Nothing has been left in it; we can do it in one day, in 10 days, 10 months. That is entirely for us to consider.”
‘Clock cannot be put back’ was the unimpeached and hitherto questioned opinion of a committee, headed by a towering legal luminary and NC leader, Justice Devi Dass Thakur formed to study the application of Central Laws in the state of J&K. The Committee was framed in the backdrop of Indira-Sheikh accord of 1975. Most amusingly the NC patriarch Lt. Sheikh Mohammad Abdullah was the Chief Minister and Mufti Mohammad was the Congress Chief at that time and congress-NC coalition was in power.
JagMohan, former Governor of J & K observed in his book, Frozen Turbulence in Kashmir, “Article 370 is nothing but a feeding ground for parasites at the heart of paradise. It skins the poor. It deceives them with its mirage. It lines the pockets of ‘power elites. It fans the ego of new sultans. In essence it creates a land without justice, land full of crudities and contradictions. It props up politics of deception, duplicity and demagogy. It breeds microbes of subversion. It keeps alive unwholesome legacy of two-nation theory. It suffocates the very idea of India. It could be the epicentre of an earthquake in Valley – an earthquake, the tremors of which, would be felt all over the country”.
Narasimha Rao, as Prime Minister, in nineties said ‘Ghisti Ghisti khud hi chali jayegi’. Jayalalitha, Biju Patnaik and a score of regional satraps vented their sentiments, more than once, seeking revocation of the provision.
Nevertheless, broadly speaking, there was an intra and inter party coherence regarding revocation of article 370.
That is why, with all respect and responsibility at my command, I seek to assert that what Modi Sarkar did on 5th of August 2019, even Nehru and other national stalwarts could have loved to.
But it was Modi & Modi only who had the courage, conviction and commitment to ride the tiger.
5th August 2019 was a watershed moment aimed at integrating J&K fully into India’s legal and political framework.
The Supreme Court’s Constitution Bench judgment in Re Article 370 case further validated the move by confirming that Article 370’s special status was indeed temporary, placing Parliament well within its rights to enact the Jammu and Kashmir Reorganization Act.
National Conference has very recently tried to resurrect the ghost by moving a resolution in J & K Assembly. And an unbiased opinion remains that the resolution is against the Assembly Rules of Procedure. It runs in face of the law passed by both House of Parliament as well as Constitution Bench judgment of Supreme Court.
The uncontroverted fact remains that post 5th of August, 2019, there is a renewed sense of security and order, with heightened efficacy in anti-terror operations and a robust approach to curb insurgency. This has contributed to an atmosphere where locals feel safer and more confident in the Government’s commitment to peace and stability. Additionally, there has been a crackdown on corruption, with transparent recruitment processes and public administration reforms ensuring meritocracy and accountability.
The economic landscape has also transformed, as the region has opened up to unprecedented industrial investments and development projects. Enhanced infrastructure and the establishment of business-friendly policies have attracted both domestic and international investors, creating job opportunities and fuelling economic growth. This metamorphosis has been accompanied by the extension of people-centric laws and welfare schemes that empower women, SCs, STs, OBCs, protect vulnerable groups, and uplift rural communities.
A 70-per cent drop in terror activities has been witnessed. Number of separatist-sponsored calls for strikes nose-dived. No stone-peltings, hartal-calendars, crackdowns. Tourist footfall touched an all-time-high. Almost 50,000 youngsters have been given Government jobs, that even in a transparent manner while another 100,000 have been provided with self-employment opportunities and 1,20,000 others linked to the “Mission Youth.
An industrial package of Rs 28,400 crore has been given to Jammu and Kashmir. It is biggest ever since 1947. Investment and industrial promotion have been in a top gear, especially, after introduction of industrial policy, industrial land allotment policy, the private industrial estate development policy, food processing, handicraft and handloom policy, new film policy, tourism home stay and sports policy.
Politics apart, let us not mislead people. Let us be able to call spade a spade.
J & K stands at a momentous and defining moment. It is all set to take a new flight. Let us all be part and parcel of the same.
(The columnist practices law at the J&K, High Court of Judicature)
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