All About Article 370: Why Is Kashmir Controversial?

ALL ABOUT ARTICLE 370
Why is Kashmir controversial?

1. Kashmir is a Himalayan region that both India and Pakistan say is fully theirs.
The area was once a princely state called Jammu and Kashmir, but it joined India in 1947
soon after the sub-continent was divided up at the end of British rule.
2. India and Pakistan subsequently went to war over it and each came to control
different parts of the territory with a ceasefire line agreed.
3. There has been violence in the Indian-administered side - the state of Jammu and
Kashmir - for 30 years due to a separatist insurgency against Indian rule.
What's happened now?

1. In the first few days of August, there were signs of something afoot in Kashmir.
Tens of thousands of additional Indian troops were deployed, a major Hindu
pilgrimage was cancelled, schools and colleges were shut, tourists were ordered to leave,
telephone and internet services were suspended and regional political leaders were placed
under house arrest.
2. But most of the speculation was that Article 35A of the Indian constitution, which
gave some special privileges to the people of the state, would be scrapped.
3. The government then stunned everyone by saying it was revoking nearly all of Article
370, which 35A is part of and which has been the basis of Kashmir's complex
relationship with India for some 70 years.
How significant is Article 370?

1. The article allowed the state a certain amount of autonomy - its own constitution, a
separate flag and freedom to make laws. Foreign affairs, defence and
communications remained the preserve of the central government.
2. As a result, Jammu and Kashmir could make its own rules relating to permanent
residency, ownership of property and fundamental rights. It could also bar Indians
from outside the state from purchasing property or settling there.
Why did the government do it?

1. Prime Minister Narendra Modi and the Hindu nationalist Bharatiya Janata
Party had long opposed Article 370 and revoking it was in the party's 2019
election manifesto.
2. They argued it needed to be scrapped to integrate Kashmir and put it on the
same footing as the rest of India. After returning to power with a massive
mandate in the April-May general elections, the government lost no time in
acting on its pledge.
3. Critics of Monday's move are linking it to the economic slowdown that India is
currently facing - they say it provides a much-needed diversion for the
government.
4. Many Kashmiris believe that the BJP ultimately wants to change the
demographic character of the Muslim-majority region by allowing non-
Kashmiris to buy land there.
5. Although Home Minister Amit Shah's announcement in parliament on Monday
came as a surprise to most Indians, it would have taken the government some
preparation to arrive at the decision.
6. The move also fits in with Mr Modi's desire to show that the BJP is tough on
Kashmir, and Pakistan.
What's changed on the ground?

1. Kashmir will no longer have a separate constitution but will have to abide by the
Indian constitution much like any other state.
2. All Indian laws will be automatically applicable to Kashmiris, and people from outside
the state will be able to buy property there.
3. The government says this will bring development to the region.
4. The government is also moving to break up the state into two smaller, federally
administered territories. One region will combine Muslim-majority Kashmir and
Hindu-majority Jammu. The other is Buddhist-majority Ladakh, which is culturally
and historically close to Tibet.
5. P Chidambaram, a senior leader in the opposition Congress Party described the
decision as a "catastrophic step" and warned in parliament that it could have serious
consequences. "You may think you have scored a victory, but you are wrong and
history will prove you to be wrong. Future generations will realise what a grave
mistake this house is making today," he said
Is this all legal?

1. According to the constitution, Article 370 could only be modified with the agreement
of the "state government". But there hasn't been much of a state government in
Jammu and Kashmir for over a year now.
2. In June last year, India imposed federal rule after the government of the then chief
minister, Mehbooba Mufti, was reduced to a minority. This meant the federal
government only had to seek the consent of the governor who imposes its rule.
3. The government says it is well within its rights to bring in the changes and that
similar decisions have been taken by federal governments in the past.
4. But expert opinion is sharply divided.
5. One constitutional expert, Subhash Kashyap, told news agency ANI that the order
was "constitutionally sound" and that "no legal and constitutional fault can be found
in it".
6. However another constitutional expert, AG Noorani, told BBC Hindi it was "an illegal
decision, akin to committing fraud" that could be challenged in the Supreme Court.
7. Opposition political parties could launch a legal challenge but Kashmir is an emotive
issue with many Indians, and most parties would be wary of opposing the move lest
they be branded anti-India.
8. That could leave any challenge up to individuals or activists.

All About Article 370: Why Is Kashmir Controversial?

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ALL ABOUT ARTICLE 370

Why is Kashmir controversial?

What's happened now?

How significant is Article 370?

Why did the government do it?

What's changed on the ground?

Is this all legal?

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