Tag: Article 370

September 25, 2019 /

It is worth asking whether the abrogation of Articles 370 and 35A will ensure the safe return of the more than 100,000 Kashmiri Pandits to the idyllic homes they left behind in the 1990s, on their “own terms”. If those terms entail a return not merely to the territory of Kashmir but to any semblance of the cultural and social relations that had once made Kashmir home, then jubilating Kashmiri Pandits might want to ask whether their native home is being secured or only further eroded by the recent decision.

In a strange twist, the removal of Article 35 A, which was important to Kashmiri Pandits’ own early mobilisation to secure government jobs for themselves from Indians of the plains, may now well turn the erstwhile Kashmiri Pandit native into a settler. Pandits who have nursed dreams of return must know that they will arrive not as neighbours, but as a demographic stick with which to beat local Kashmiri Muslims and pave the way for a settler-colonial project designed to transform India’s only Muslim-majority state into a Hindu-majority one. 

September 22, 2019 /

At this juncture, it is important to recollect that India is a union of states with varying legal histories. Article 370, which enshrines the specificities to the state of Jammu and Kashmir, is a recognition of this political diversity. Goa, like Kashmir, has a unique legal history. Unlike Kashmir, however, Goan specificities did not merit any constitutional recognition. Subsequent to the annexation of the territory, Goans were not asked, via a plebiscite, what they wished their political status to be, nor was a Constituent Assembly set up, as was the case in Kashmir and some of the other princely states in the process of accession to India. India simply asserted its power and extended its Constitution to Goa, and erased pre-existing citizenship.

September 16, 2019 /

The tortuous thicket of laws, constitutional provisions, presidential orders, political history and legal mystifications surrounding Article 370 and Article 35A make it difficult to navigate through recent debates about its abrogation in an informed way. This series of three essays by Shrimoyee Nandini Ghosh, lawyer and legal researcher, aims to be a somewhat eclectic guidebook— at times proffering a no frills step-by-step road map, at others traversing some rather more unfrequented and adventurous legal diversions. In this first essay, Shrimoyee provides a legal-historical guide to terms like 370, 35(a) and the tricks, which were played to make these history.”