ANI
New Delhi: In a historic twist four years post the abrogation of Article 370, the Supreme Court delivered a groundbreaking unanimous verdict on Monday, December 11, upholding the central government's decision. Explore the riveting narrative of Article 370's inception, evolution, and its eventual fade into history.
Article 370, originally part of the "Temporary, Transitional, and Special Provisions" in the Indian Constitution's Part XXI, emerged as an interim arrangement shaped by the war conditions prevailing in the state of Jammu and Kashmir.
Granting Jammu and Kashmir its constitution, state flag, and control over internal administration (excluding defence, foreign affairs, finance, and communications), Article 370 rooted its autonomy in the historical context of the state's accession to India and its colonial past.
During British rule, Jammu and Kashmir, a princely state from 1846 to 1858, maintained its sovereignty under a subsidiary alliance with the British East India Company. The Instrument of Accession, signed in 1947, marked a pivotal moment as the princely state sought India's assistance against tribal militias from Pakistan.
Maharaja Hari Singh, the ruler of Jammu and Kashmir, acceded to India under the condition of retaining sovereign status in defence, foreign affairs, and communications. This laid the groundwork for the creation of Article 370.
Jawaharlal Nehru entrusted N Gopalaswami Ayyangar, a prominent member of the Drafting Committee, with the task of crafting Article 370. Negotiations involved Nehru, Sardar Vallabhbhai Patel, Ayyangar, and Sheikh Abdullah, the Prime Minister of Jammu and Kashmir.
On October 17, 1949, Article 370, initially considered as Article 306A, found its place in the Constitution, safeguarding Jammu and Kashmir's special status.
Ayyangar justified Article 370 by highlighting the "unusual and abnormal" conditions in Jammu and Kashmir, stemming from the ongoing war. The article served as an "interim system" until the state adopted its constitution.
Through Presidential Orders, most of the Constitution's provisions were extended to Jammu and Kashmir over the years, eroding the autonomy granted by Article 370.
On this pivotal day, the government struck down Article 370, ushering in a new era and bifurcating the state into two Union Territories: Jammu and Kashmir, and Ladakh.
On December 11, 2023, the Supreme Court unanimously upheld the government's decision, calling for elections in Jammu and Kashmir by September 2024 and the swift restoration of statehood. The epochal ruling signifies Jammu and Kashmir's full integration into the Indian Union.
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