Introduction to Article 370 and Its Significance
Article 370 and Article 35(A) were unique provisions in the Indian Constitution that granted special status to Jammu and Kashmir (J&K). These articles were not ordinary; they were deeply rooted in the historical context of India's independence and the integration of princely states. Their revocation in 2019 was a meticulously planned and executed process, often likened to a strategic masterstroke inspired by Chanakya Neeti. This article delves into the historical background, the complexities of the princely states, and the strategic maneuvers that led to the removal of Article 370.
Historical Context: India Before Independence
Before India gained independence in 1947, the subcontinent was divided into British India and princely states. British India, marked in yellow on historical maps, was directly governed by the British, while the princely states, shaded in pink, were ruled indirectly through local kings or nizams. These princely states, numbering around 565, managed internal affairs, while defense, foreign affairs, and communication were controlled by the British. Jammu and Kashmir, Hyderabad, and Jodhpur were among these princely states.
The Mountbatten Plan and Partition
On June 2, 1947, the British introduced the Mountbatten Plan, which aimed to partition British India into two nations—India and Pakistan—based on religious demographics. The princely states, however, were not included in this partition and were given the freedom to join either India or Pakistan or remain independent. The Indian Independence Act, passed on July 18, 1947, formalized this partition, dividing Bengal and Punjab, with East Bengal, West Punjab, Sindh, and Baluchistan becoming part of Pakistan. India and Pakistan gained independence on August 15 and August 14, 1947, respectively.
Integration of Princely States
The integration of princely states into India or Pakistan was a complex process led by Sardar Vallabhbhai Patel for India and Muhammad Ali Jinnah for Pakistan. The process was far from straightforward, involving persuasion, coercion, and sometimes bribes. Each princely state signed an Instrument of Accession, which typically covered defense, foreign affairs, and communication, leaving internal matters to the local rulers. Over time, many states also signed Merger Agreements, fully integrating with India.
Challenges with Junagadh, Hyderabad, and Jammu & Kashmir
Three princely states—Junagadh, Hyderabad, and Jammu & Kashmir—posed significant challenges due to conflicting religious demographics and political ambitions. Junagadh and Hyderabad had Muslim rulers but Hindu-majority populations, while Jammu and Kashmir had a Hindu ruler, Raja Hari Singh, but a Muslim-majority population. This led to disputes between India and Pakistan over their accession.
Junagadh's Accession to India
In Junagadh, the Nawab, Mahabat Khan Rasool Khan Ji, and his Diwan, Shah Nawaz Bhutto, favored joining Pakistan and signed the Instrument of Accession on September 15, 1947. This decision angered Sardar Vallabhbhai Patel, who argued that a Hindu-majority state should join India, especially since Pakistan's claim was based on religious demographics. India countered that it was a secular nation where people of all religions could coexist. When two states under Junagadh, Mangrol and Babariawad, aligned with India, the Indian army surrounded Junagadh, cutting off its supplies from Pakistan. Fearing isolation, the Nawab fled to Pakistan, and a plebiscite on February 28, 1948, resulted in 99.95% of votes favoring India, integrating Junagadh into the Indian Union.
Hyderabad's Integration
Hyderabad, located in the heart of India, also faced integration challenges. It's Nizam, Mir Osman Ali Khan, who preferred independence or alignment with Pakistan. However, its Hindu-majority population and geographic position made independence impractical. After negotiations, the Nizam signed a standstill agreement in 1947, requesting a year to decide Hyderabad's fate. During this period, he formed a private militia called the Razakars, which caused unrest by crossing into Indian territory and targeting non-Muslims. Despite Jawaharlal Nehru's reluctance, Sardar Vallabhbhai Patel sent the Indian army in an operation named Operation Polo. Within two days, Hyderabad was under Indian control, and the Nizam signed the Instrument of Accession.
Jammu & Kashmir: The Genesis of Article 370
Jammu and Kashmir's integration was the most complex due to its unique demographic and political dynamics. Approximately 77% of its population was Muslim, but its ruler, Raja Hari Singh, was Hindu. The state had a history of religious discrimination, with accusations that Raja Hari Singh favored Hindus through the State Subject Law of 1927, which prioritized locals for government jobs and land ownership.
Sheikh Abdullah and the Quit Kashmir Movement
Sheikh Abdullah, father of Farooq Abdullah, emerged as a prominent figure advocating for democracy in Kashmir. He founded the All Jammu and Kashmir Muslim Conference (later renamed the National Conference to reflect secularism) and led the Quit Kashmir Movement, paralleling Nehru's Quit India Movement. This shared vision for democracy fostered a strong friendship between Sheikh Abdullah and Jawaharlal Nehru, who saw Abdullah as a key ally in integrating Kashmir with India.
Raja Hari Singh's Dilemma
Raja Hari Singh, wary of losing his monarchy, was reluctant to join either India or Pakistan. He proposed a standstill agreement with both nations to maintain trade, travel, and communication. Pakistan accepted, but India declined. Pakistan, eyeing Kashmir's Muslim-majority population, violated the agreement by halting food supplies and launching an attack with tribal raiders in October 1947. As the raiders approached Srinagar, causing widespread violence, Raja Hari Singh sought India's help. India agreed to assist only after he signed the Instrument of Accession on October 26, 1947, making Jammu and Kashmir part of India.
India's Military Intervention and UN Involvement
On October 27, 1947, India air-dropped its Sikh Battalion to repel the Pakistani raiders. The conflict escalated into an India-Pakistan war, prompting India to approach the United Nations on December 28, 1947. Nehru believed that the signed Instrument of Accession and Sheikh Abdullah's support would favor India in a potential plebiscite. On April 21, 1948, the UN issued a resolution calling for Pakistan to withdraw its forces, followed by India's partial withdrawal, and a plebiscite to determine Kashmir's fate. The Line of Control (LOC) was established on January 1, 1949, marking the ceasefire line.
Nehru faced criticism for approaching the UN, as many believed India could have fully integrated Kashmir militarily. Supporters argued that a military solution would have been temporary and strengthened Pakistan's claims on Junagadh and Hyderabad. Nehru's trust in Sheikh Abdullah, however, later proved misplaced.
The Creation of Article 370
With the plebiscite stalled due to Pakistan's refusal to withdraw, discussions began on Jammu and Kashmir's administrative relationship with India. India's Constituent Assembly, led by Dr. B.R. Ambedkar, included representatives from Jammu and Kashmir to ensure collaborative governance. The Instrument of Accession stipulated that India's Constitution would not be imposed on Jammu and Kashmir, except in matters of defense, foreign affairs, and communication.
Gopalaswami Ayyangar's Solution
To balance Jammu and Kashmir's autonomy with India's constitutional framework, Gopalaswami Ayyangar proposed Article 370 as a temporary provision. Enacted in 1949, Article 370 stipulated that only Article 1 (defining India as a Union of States, including Jammu and Kashmir) and Article 370 itself would apply to the state. Other provisions of the Indian Constitution could be extended to Jammu and Kashmir only with the state government's approval and a presidential order.
Article 370 also outlined the process for its revocation, requiring approval from Jammu and Kashmir's government and its Constituent Assembly. However, the Constituent Assembly dissolved after drafting the state's constitution in 1956, complicating future attempts to revoke Article 370.
Article 35(A) and the Delhi Agreement
In 1952, Nehru negotiated with Sheikh Abdullah to extend more Indian constitutional provisions to Jammu and Kashmir, resulting in the Delhi Agreement. Sheikh Abdullah demanded that Jammu and Kashmir retain its own flag, a head of state called Sadar-i-Riyasat (instead of a governor), and the continuation of the State Subject Law of 1927. This law restricted outsiders from buying land or securing government jobs in Jammu and Kashmir to preserve its demographic identity.
These demands raised concerns about discrimination against other Indian citizens, as they violated fundamental rights under Articles 14, 19, and 21 of the Indian Constitution. Despite this, Article 35(A) was introduced in 1954 via a presidential order, formalizing the State Subject Law's provisions under Article 370. This allowed Jammu and Kashmir to maintain its unique identity while adopting key Indian institutions like the Supreme Court and Election Commission.
Sheikh Abdullah's Shift and the Kashmir Conspiracy Case
Sheikh Abdullah's attitude changed after 1952, as he began negotiating with Pakistan and opposing Article 35(A). Accused of treason in the Kashmir Conspiracy Case, he was removed, and Bakshi Ghulam Mohammad, his deputy, oversaw the implementation of Article 35(A) through the Presidential Order of 1954. This order extended most Indian constitutional provisions to Jammu and Kashmir, with amendments over time incorporating institutions like the Election Commission and the Comptroller and Auditor General (CAG).
Challenges and Unrest in Jammu and Kashmir
Over the decades, Jammu and Kashmir faced significant unrest, including wars with Pakistan and China, and insurgencies fueled by Pakistan's proxy wars. These conflicts resulted in over 40,000 deaths, including many Indian soldiers. The region's demography also shifted, with Pakistan occupying parts of Kashmir (Gilgit-Baltistan and Mirpur-Muzaffarabad, termed “Azad Kashmir” by Pakistan) and ceding the Shaksgam Valley to China. India secured the Siachen Glacier, extending the LOC to Indira Col.
The Strategic Removal of Article 370
The revocation of Article 370 in 2019 was a culmination of years of planning by the Bharatiya Janata Party (BJP), which had long opposed the provision. The process began in 2014 when the BJP gained significant ground in Jammu and Kashmir's elections, securing 25 seats compared to the People's Democratic Party's (PDP) 28. On March 1, 2015, the BJP formed a coalition government with the PDP, with Mufti Mohammed Sayeed as Chief Minister and the BJP's Nirmal Kumar Singh as Deputy Chief Minister. This alliance is considered the starting point for the revocation strategy.
Political Maneuvering and Governor's Rule
On June 19, 2018, the BJP withdrew support from the PDP, leading to a government breakdown in Jammu and Kashmir. Under Article 92 of the state's constitution, the governor assumed control for six months. On August 23, 2018, Satyapal Malik, a trusted BJP leader, was appointed governor. On November 21, 2018, opposition parties (PDP, Congress, and National Conference) attempted to form a government, but their efforts were thwarted when Mehbooba Mufti's fax to the governor coincidentally failed due to a “malfunctioning” fax machine.
On December 19, 2018, Governor Malik recommended President's Rule, citing risks of horse-trading. On December 20, 2018, President's Rule was imposed, transferring legislative powers to India's Parliament and granting the governor (Satyapal Malik) authority akin to a prime minister.
Security Preparations
Anticipating potential unrest, the Indian government, led by figures like Ajit Doval, Lt. Gen. KJS Dhillon, General Vipin Rawat, and Amit Shah, made extensive security arrangements. Over 100 satellite phones were distributed to high-ranking officers, and 20 C-17 transport carriers were prepared to deploy 45,000 paramilitary personnel. On August 2, 2019, an advisory halted the Amarnath Yatra, directing pilgrims to leave the Kashmir Valley. On August 4, 2019, local leaders were placed under house arrest, their phones confiscated, and Section 144 was imposed to maintain order.
The Final Act: Revocation on August 5, 2019
On the night of August 4, 2019, Prime Minister Narendra Modi reportedly visited the President's House in a secret vehicle to finalize plans. On August 5, 2019, President Ram Nath Kovind issued a notification addressing the absence of Jammu and Kashmir's Constituent Assembly. The notification designated the state's Legislative Assembly as the Constituent Assembly, leveraging Article 367 of the Indian Constitution for this amendment. It also replaced the Presidential Order of 1954 with a new Presidential Order of 2019, applying all Indian laws to Jammu and Kashmir without exception, effectively nullifying Article 35(A).
That morning, Home Minister Amit Shah presented a resolution in the Rajya Sabha to revoke all provisions of Article 370. The resolution also ensured that India's Constitution would apply fully to Jammu and Kashmir. After intense debates, the resolution passed in both the Rajya Sabha and Lok Sabha with a majority, and the President's approval finalized the revocation of Article 370.
Conclusion
The removal of Article 370 was a landmark event in India's history, executed with precision and strategic foresight. From the integration of princely states to navigating the complexities of Jammu and Kashmir's special status, the process was steeped in historical, political, and diplomatic challenges. The revocation not only unified Jammu and Kashmir fully with India but also marked the end of a temporary provision that had shaped the region's relationship with the Union for over seven decades. The meticulous planning, from political alliances to security measures, ensured that this historic decision was implemented with minimal disruption, forever altering the course of Jammu and Kashmir's history.