This article was originally published on 23rd November, 2019.
Article 370 was recently amended in the Indian Constitution to make it unrecognizable. This led to major concerns and issues being raised by not only the Kashmiris but also citizens globally. I will be touching upon a few major aspects of this questionable decision. They are: the procedural errors in introducing this amendment to the parliament, the legal barriers in removing the sum and substance from the article, the effect of this on Kashmir as a whole and the consequences faced by the people in Kashmir in their daily lives.
Firstly, the parliament must be informed about the amendment at least 24 hours before discussing it in either of the houses. The ruling party did not do this in the case of amending article 370. The parliamentarians from both the houses were just introduced to the bill merely half an hour before the bill was to be discussed in the house. No one from the opposition or any other party had any sort of information about the amendment of this important article. This gave the parliamentarians no time to understand, comment and give substantial amendments on this deletion. This arguably illegal move is an immense threat to the essence of democracy and to the idea that the parliament belongs to the opposition. This decision should hence be concluded as not a decision of the parliament but only the consensus of the members of the ruling party.
Secondly, it is illegal to disturb the basic framework and the essence of the Indian Constitution through amending it. I, with numerous others, question the claim of the BJP to not have disturbed the framework through the deletion of article 370 but instead have enhanced it. According to me, this article was indeed embedded in each and every article of our constitution. By amending this one article, the ruling party has essentially amended the entire constitution. Although many individuals and PILs have posed this question in front of the Indian judiciary no concluding response has come forth. If this has changed the course of our constitution and the intentions of our then constituent assembly then not only immorally but this has also illegally changed the framework of our nation.
Thirdly, Kashmir has been changed to not only one but two Union Territories from a state. Ever since independence the growth of any area of our country has directly depended on statehood. I am not sure how the government poses to make Kashmir a better place by doing the reverse. Especially when the entire question is of their development. Making it a Union Territory is not the only aspect of the government’s decision that could slow down Kashmir’s development; this would further be slowed down by the bad history of horrible governing of the area.
Lastly, heavy armed presence in the state means that the administration does not have the consent of the people it has governing. Because of this multiple viable businesses have shut leading unemployment in the area. Schools have been inaccessible to the children living in Kashmir. This is a large question of its future. A place cannot develop if the youth is not well educated and well aware of its surroundings. Privacy has been intruded immensely. For every seven citizens, there is one army man. Can you imagine living in an area where you’re being watched every moment?
Kashmir was a sad place. It has become worse. The government has disappointed me. Yet again.