The ‘abrogation’ of Article 370 is essentially done and dusted. Only the political dynasties that thrived on the exclusive hold it gave them on J&K politics lament its passing. Whether the changes have improved the people’s quality of life may be challenged, but they have certainly not made things worse. It is also a fact that there were sections of the population that were denied their basic constitutional rights in the state, which have now got their rightful status.
And, yet, there are expectations that the clock can be turned back and the progress of Indian democracy stalled by the Supreme Court. It seems that a government can tamper with the preamble of the Constitution in times of an Emergency without challenge, but the removal of an anomaly in the integration of the nation could be a violation. One needs only to hear the arguments being offered in support of the restoration of the Article to realise that it is mostly opinion masquerading as fact. The power of the legally elected government at the Centre to form states and reshape boundaries is unquestioned; otherwise a state like Uttarakhand would not be in existence. Like J&K, there were many privileges granted during the process of nation-building, such as the titles and privy purses to the princes, etc., but these were peremptorily and lawfully taken away. Nationalisation of banks and various corporations, land ceiling, etc., were among the many far-reaching changes that may not have been very wise, but were declared within the purview of the government’s powers. So, what is special about J&K?
The individual is the fundamental unit of the Indian Constitution – all the ‘arrangements’ made for communities, castes, regions, etc., are of purely temporary nature, designed to achieve specific objectives. Vested interests that have emerged as a consequence cannot be allowed to dictate terms, or undermine the fundamentals of the Constitution.
It is not as if Article 370 ensured that the extremists did not ask for independence or merger with Pakistan. In fact, its existence made the terrorists feel they were a ‘separate’ people with a lawful and permanent option to secede. All this has been effectively scuttled through the abrogation. A clear message from the Supreme Court will ensure that Mehbooba Mufti, the Abdullahs, etc., can no longer play both sides of the game. They will have to make a choice and India will then deal with it.
