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Why You’re Wrong In Celebrating The Removal Of Article 370

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Today, a bill to scrap off Article 370 of the Indian Constitution was introduced in the Parliament by the Union Home Minister, Amit Shah. A lot of us look at it as the permanent ‘solution’ to the problem of Kashmir. But here is why the move is wrong at all fronts:

Breach Of Contract

On October 26 1947, in the wake of the Pakistani people occupying a large part of Jammu and Kashmir (what we today call PoK), the then ruler of the state, Maharaja Hari Singh signed the Instrument of Accession. It merged the state of Jammu and Kashmir with the Union of India and it is the sole thread binding the two pieces of land. Under the Instrument of Accession, Jammu and Kashmir surrendered three subjects — defense, external affairs, and communications but it came with a few strings attached.

Clause 7 of the Instrument of Accession signed by Maharaja Hari Singh declared that the State could not be compelled to accept any future Constitution of India. The State was within its rights to draft its own Constitution and to decide for itself what additional powers to extend to the Central Government. Article 370 was designed to protect those rights.

Unlike what a lot of us believe, Jammu and Kashmir was not the only state to bargain its share of privileges. There were 12 states who got Special Provisions. Therefore, today when the President signs that bill, all it means is that the Union of India is going back on its words. The same words that got Jammu and Kashmir signing the agreement.

We cannot, therefore, ignore the fact that Article 370 is the basis of the contract called the Instrument of Accession.

A light aircraft tows a banner with the words “India Stop Genocide & Free Kashmir” in the sky above the ground during the 2019 Cricket World Cup group stage match between Sri Lanka and India at Headingley in Leeds, northern England, on July 6, 2019. (Photo by Dibyangshu Sarkar / AFP)

An Attack On Federalism

India calls itself a Union of States. The Constitution guarantees every single state the right to self governance which is why we have Chief Ministers in every state, unlike Union Territories where we have Lieutenant Governors appointed by the Centre.

Jammu and Kashmir signed to be a State and not a Union Territory. So, today, even after the President signs the piece of paper that was given just an hour of discussion to decide the fate of 1.25 crore people, it will have to pass through the state legislative assembly with a two-third majority. Right now, the Governor of Jammu and Kashmir, former BJP Leader, has dissolved the state assembly making him the Constitutional head of the state. To the President, Amit Shah quoted the Governor’s consent as the consent of the State. RIP federalism!

The Pride India Took In The UN’s Advice

When India approached the United Nations to solve the Kashmir crisis, the solution that was laid out had three conditions:

  • Demilitarisation of PoK by Pakistan
  • Demilitarisation by India
  • A referendum to be conducted wherein the Kashmiris will decide their fate

Until today, owing to Article 35(A), no outsider could own a property in Jammu and Kashmir. This always gave an upper edge to India on the international platform which, unlike Pakistan, claimed that only the original inhabitants and their families live in Jammu and Kashmir. So, if a referendum were to take place today (although it is highly unlikely), only the actual stakeholders would vote for themselves. Now, anyone can go in and be a resident of Kashmir. So, the bleakest possibility of a referendum is now permanently ruled out.

By the way, outsiders cannot own land in Himachal Pradesh too.

What Does Scrapping Article 370 Actually Mean?

Jammu and Kashmir already has the Armed Forces Special Powers Act. After today, it will be divided into two separate Union Territories: Jammu and Kashmir and Ladakh. The former will have an assembly but will still be ruled by the LG.

Today’s move very clearly states that the local leadership of the State does not matter to the Union. The Union holds absolute authority over the State now. The representation of the Kashmiris would no matter have a say for issues relating to Kashmir.

The local leaders are under house arrest, just like Atal Bihari Vajpayee and LK Advani were, during the emergency. The Amarnath Yatra has been called off for the first time in 25 years. Army deployment is at its peak. Communication is suspended between Jammu and Kashmir and the rest of India.

Today, let us just take time out to read what Jayaprakash Narayan had to say in 1966 about Kashmir, “If we continue to rule by force and suppress these people and crush them or change the racial or religious character of their state by colonization, or by any other means, then I think that means politically a most obnoxious thing to do.”

Rajdeep Sardesai also has an interesting take on the whole issue, “Societies move ahead by instilling hope and confidence in its citizens, not by spreading fear and uncertainty. And genuine change never comes at gunpoint but through reforming hearts and minds.”

So, while you will be thumping your chests with chants of support today, there will be thousands of students from Jammu and Kashmir who would have no channel of communication with their parents back home.

Congratulations 🙂

Featured image for representative purpose only.
Featured image source: Kashmir Global/Flickr.
You must be to comment.
  1. Amit Dubey

    My response to the last line “there will be thousands of students from Jammu and Kashmir who would have no channel of communication with their parents back home” was awww so cute…Poor separatists they can not talk to their parent for few days, what a tragedy.

    You could not come up with a better ending ? nvm ! time for a change.

    Jai hind !


      Well said I think this blog site is anti India and support Paki writers

    2. Ankita

      Why do you talk like a kid? You look pretty old to me.

      Btw OP, good article and although I still need to learn more about this topic to form an opinion I think you did good research to write this article. Kudos!

  2. Bindita Sinhä

    Yes you have pointed out correctly but people now a day losing their logical thinking. This step is nothing just a political propaganda to shift the focus from NRC problems and Unnao rape case to Kashmir. Moreover, look at the timing of declaration, just before the 15th August…this will lead to riots and many more problems.

    1. Amit Dubey

      Do not spread hatred ! what if no riots happens ? then will u shut your mouth forever ?


      You have no idea what you are speaking – do you want status quo because of fear of riots were we having less violence before that ..what do you have to say about the benefits which will be transferred now to people of Kashmir .. you are a dumb person with your hatred towards Hindus and BJP.


      Guys please understand…..I am deeply saddened by the acts of those whom I thought were intelligent enough to gauge situation….but when it came to Kashmir it seems they have themselves stopped thinking to be as biased as possible…..guys when you celebrate revoking of article 370 just have this in mind that you are celebrating snatching of someone’s right…and if you think that this is revenge for kashmiri pandits then I am literally crying to say that these guys are not those who did that…and they don’t deserve it but still thousands of killings hundreds of abduction not just this harrasment on daily basis and extremely shameful act of sexual harrasment by our demigod Army personnel…..however you try to cover things up and try and call all sets of nonsense but you can’t deny this unsaid truth and it’s painful and you celebrate that….and I ask you wasn’t it enough for them to pay..and isn’t your revengeful heart was not just a kill of democracy but also violation of UN pact and agreement which says any change in it’s politics should be bilateral which this revoking is not, you are actually celebrating death of someone’s hope.
      Please guys rethink.

  3. Ravi kumar

    Hip Hip Hurray….Indians, Kashmiri Pandits are celebrating & Pakistan Muslim crying…. Celebrations yahoooo

  4. Moumita Sardar

    It’s good that you want to point out the cons of the step but at least rectify every flaw in your article before publishing it!
    1. Every state has its own government. True. But every state doesn’t have a clause or benefit equivalent to Article 370. So, your comparison is wrong.
    2. About the 3 solutions, where you have very nicely just looked over the first point! Demilitarisation of PoK! Why is it that the Indian army should now out while the PoK remains decorated with the neighbouring country’s army?! Why isn’t there a ‘awaaz’ against that?
    3. The Amarnath Yatra was cancelled because of a terror attack alarm.
    Everything has its aftermath. The rest of the country might suffer one day too, I agree, with such fast rulings. But look at the necessity of the situation. Terrorism has become just another story like rape cases/ sexual abuses in our country. If this step at all tries to eradicate at least one major problem..we should just wait and see. Because you will definitely publish another article condemning the government(whosever) when and if there is another terrorist attack.


    What a stupid article – seriously. You have not shown why we should have article 370 and how it helps the people of J&K and Ladakh. So you want status quo what we saw for 72 years. The moment Pakistan attacked an independent nation Kashmir it lost it’s ground as a stakeholder – it is just because of Mullah Nehru wanted to preserve the muslim domination of the state – why should we as India keep the demography same when we lost our major lands which were never Muslim majority in the past infact Pakistan had a majority of hindus elected in their parliament before it was dissolved. UN has no say after Pakistan attacked in 1965 and after Pakistan signed the Shimla agreement. Screw Pakistan and their supporters – we should ensure most of the states have less Muslim population because we have seen that the so called peaceful muslims bow down to the jihaadis and allow them to pillage the Hindu land because for them everything is for Islam – Muslims have never created anything just grabbed and looted in the history they are doing this in western countries also – 56 Muslim countries but maximum number of refugees are from muslim nation why ?? because these refugees are migrating to create an islamic nation and not for any other reason.

    This will be the best – I am afraid the writer’s Pakistani and Islamist slip is showing .. Please write about forced conversion of Hindu girls and how Pakistan annexed Balochistan

  6. Kaavish Sachdeva



    Very well written ! Thank you for voicing up despite the hatred surrounding us.

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