2024-09-09 12:07:06
New Delhi: On 5 August 2019, the Modi government at the Center abolished the effect of Article 370 from Jammu and Kashmir. In Jammu and Kashmir, Article 370 was made ineffective and divided it into two union territories. The state was divided into two parts, Jammu and Kashmir and Ladakh, and both were made union territories. 23 applications were filed in the Supreme Court against this decision of the Center. After the hearing, a bench of 5 judges upheld the government’s decision in December 2023 and put its Supreme seal. After this decision, it seemed that perhaps politics on it would stop but it did not happen. Even after this decision, voices were raised and when the assembly elections are going to be held for the first time in Jammu and Kashmir after the removal of 370, its echo is being heard even louder. A day earlier, Union Home Minister Amit Shah said that it will never return, while now former Jammu and Kashmir CM Omar Abdullah said that we will implement it again. In such a situation, it becomes important to understand whether this is possible. Before that let us know who said what.
What did Amit Shah say about Article 370
Union Home Minister Amit Shah released the BJP’s manifesto for the Jammu and Kashmir assembly elections a day earlier and said that Article 370 has now become history and it will never return to the Union Territory. In his address before releasing the BJP’s manifesto, the Union Home Minister said that I know the agenda of the National Conference (NC). I want to make it clear to the whole country that Article 370 has now become history and it will never return. He said that Article 370 is no longer a part of the Constitution. This article has only given weapons and stones in the hands of the youth and pushed them towards terrorism.
Omar Abdullah challenged the government regarding 370
Challenging this statement of Amit Shah, former Jammu and Kashmir CM Omar Abdullah said that if we win the elections, we will re-implement Article 370. Omar Abdullah said that it will take time, but it will happen. He said that Article 370 will be re-implemented in Jammu and Kashmir. This is something for which we cannot sit idle, we cannot surrender for it. He also admitted that re-implementing it will not be so easy. It is not that you will implement it in the next 5 years. It is true that it will take time.Removing 370 was also not easy
Amidst the elections, the big question is whether this is possible. Can Article 370, which took years to be removed, be brought back so easily? Experts say that it was neither easy then nor is it even more difficult to implement it again now. Experts with a deep understanding of the Constitution said that it is almost impossible to implement it again. The Modi government at the Center and Home Minister Amit Shah had done a lot of homework for this. The then President Ram Nath Kovind issued CO 272 on August 5, 2019. This was the President’s order through which Article 367 of the Constitution was amended. It said that instead of the Constituent Assembly mentioned in Article 370 (3), it would be called the Legislative Assembly. This cleared the way for the removal of 370.
why is it difficult to bring back 370
Shortly after this order of the President, it was passed in the Rajya Sabha that Article 370 will not remain. This was possible because the power of the Legislative Assembly was vested in the Governor and the Parliament of the country could make laws on behalf of the Governor. The President issued CO 273 through which the recommendation of the Parliament not to implement 370 was implemented. After which 370 was removed. Now in the midst of elections, claims are being made that it will be brought back. Will it be so easy for any central government if it wants to do so? It will be very difficult for any central government to move forward through Article 368. Because for this, a two-thirds majority in both the houses of Parliament and approval of 50 percent of the Legislative Assemblies is required, which seems difficult in the current political scenario.