Validation of abrogation of Article 370 by Supreme Court -Sine-Qua-non for development of J&K
Omkar Dattatray
The Supreme Court has validated the decision of the centre government of abrogating the useless, futile and discriminatory Article 370 which has placed the erstwhile state of Jammu and Kashmir at a distinctive pedestal and it harmed the national interest and also dealt a blow to the unitary spirit of the constitution. The supreme Court decision of December 11,2023 has ended all uncertainty and suspicion about the continuance or otherwise of the Article 370.The controversial Article 370 was a big hindrance and obstacle in the socio-economic and political development of Jammu and Kashmir .Now the validation of the decision of abrogation of Article 370 made path clear for the overall development of the union territory as it removed all hindrances in the path of development and it will usher floodgates of domestic and foreign investment and it will create and develop industrialization and thus the tempo of economic development which is badly needed in Jammu and Kashmir .Due to the abrogation of Article 370 and subsequent historic and crucial verdict in favor of the Modi governments decision of August 5,2019 has made road clear for the socio-economic development of Jammu and Kashmir .Ever since the article 370 was scrapped by the centre government through the lawful course of passing the constitutional resolutions in this regard ,the winds of positive change and development are brewing and there is now peace ,tranquility, stability and development .The educated and skilled youth are being empowered and the women flock is also empowered .Now the parliament has passed the resolution regarding giving of 33% reservation to women in the legislative assembly . Thus women will be politically empowered and this is no ordinary development .In Jammu and Kashmir there has been a big boost to the tourist industry as there was huge footfall in the number of domestic and foreign tourists and this resulted in the development of tourism sector .This also led to the increase in incomes of the people directly and indirectly associated with the tourist industry. There is augmentation in the employment opportunities and it is need for giving employment to the youth of Jammu and Kashmir .Lacks of tourists have visited Jammu and Kashmir in the last few years of the abrogation of article 370.The abrogation of article 370 and its subsequent validation by the apex court led to the fall of the artificial walls of distrust and separation between the union of India and Jammu and Kashmir .The abrogation of article 370 and the judgment of the supreme court serves the purpose of not only dismantling the artificial walls of distrust between the Indian union and Jammu and Kashmir but also is paving way for the overall development of the Union territory of Jammu and Kashmir .Today the UT is running on the path of development and the verdict of the supreme court will led to the development of the UT and it will go a long way to bridge the gap between Jammu and Kashmir and India .The verdict of the supreme court which decided the constitutionality and legality of the parliament resolution of august 5,1019 regarding the abrogation of Article 370 will led to the inclusive development of the union territory of Jammu and Kashmir .There is now free flow of investment in Jammu and Kashmir and this has led to the development of the industries ,thus giving a fillip to the incomes of the people connected with various industries .In fact the present verdict of the Supreme Court which ratified the legality and constitutionality of the decision of abrogation of Article 370 serves to give a boost to the economy of the UT which had seem bad days in the three decades of militancy also due to the continuance of the discriminative and anti national Article 370 because this article only led to the feeling of separatism and secessionism and thus is against the national unity and cohesion .The abrogation of Article 370 and its validation by the apex court will result in the constitutional integration of Jammu and Kashmir with the Indian union .Thus the historic judgment of the top court led to the fuller and total integration of Jammu and Kashmir with Indian union. The constitution bench of the Supreme Court unanimously upheld the power of the president to abrogate Article 370 of the constitution which in august 2019 led to the reorganization of the state of Jammu and Kashmir into two union territories and denuded it of the special privileges .It reasoned that Article 370 was only a temporary provision to ease the accession of the then princely state to the union at a time of internal strife and war .Modi dismantled the discriminatory as well as most controversial Article 370 of the constitution and now the supreme court has affixed its seal of approval on the centers decision of august 5,2019 and the top court said that the procedure adopted to scrap the Article 370 as well as its abrogation are lawful ,legal and constitutional. .So all uncertainty and suspicion about the continuance of the Article 370 came to an end when the top court gave its historic judgment in favor of the centers decision of abrogation and thus the path has become clear for the investment and development of the economy which had come to standstill during the three decades of militancy but now the economy including tourist economy runs fast on the track of development. In effect it means that the separate constitution of Jammu and Kashmir stood abrogated and a single constitution now applies to all the Indian states including Jammu and Kashmir. The abrogation of Article 370 heralded public order ,peace and prosperity in Jammu and Kashmir. The decision of abrogation of Article 370 and its subsequent validation and vetting by the apex court will definitely led to the fuller and total integration of Jammu and Kashmir with the Indian union .Besides it will result in the socio-economic development of the UT. In fact there is unprecedented economic and social development and therefore it can be surely and safely said that the supreme court verdict on abrogation of Article 370 is sine-qua-non for the development of Jammu and Kashmir.
(The author is a columnist,
social and KP activist).