To what extent is Article 370 of the Indian Constitution, bearing marginal note “temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss the future prospects of this provision in the context of Indian polity(CSE Mains 2016)GS-II 2016 .
Under the ‘Instrument of Accession’ signed by Maharaja Hari Singh, Jammu and Kashmir transferred “Defense, Foreign affairs and Communications” to India. The Indian government had committed to permit the Constituent Assembly of the state to determine the nature and subjects that would be transferred to India. To incorporate this special provision Article 370 was provided as an interim arrangement. It clearly recognized this as temporary. However, even after the State Constituent Assembly in 1954 has recognized the accession, Article 370 has remained in continuation due to historical and peculiar circumstances.
The J&K high Court in a recent verdict has pointed out that Article 370, has got a life of its own. Some sections in have criticized Article 370 as a blunder. They opine that it is the reason for secessionist movements and a hindrance in J&K’s integration to India.
The Indian Constitution also permits some minor special provisions for some other states by Article 371. Abrupt annulments or modifications of such special provisions should be undertaken after due diligence. The reasons for their incorporation should be adequately addressed. Otherwise, it would deepen distrust and cause anxieties to rise.
Some scholars have compared the wording of Article 370 with the Reservation policy. Despite being conceived as a temporary provision for 10 years, it has been in perpetual existence because of the absence of a level playing field.
The government should strengthen such enabling provisions and focus on decentralization and democratic devolution which empower the citizens. The future of Article 370 would be best decided by the prevailing circumstances and left to the political wisdom of the administration.
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