In a landmark judgment, the Constitutional Bench of the Supreme Court has upheld the process, objective, and decision to abrogate Articles 370 and 35A. It cements the Modi government’s historic decision to end Article 370. This conclusive, unambiguous judgment will put an end to the politics of blackmail that both the National Conference and PDP had continuously resorted to around these two Articles with the support of the Congress party. As Kashmir is all set to usher in a new chapter in its history, it is important to set the record straight once and for all, on everything that had held the state back. The Falsehood of Article 370 and 35A being Linked to Kashmir’s accession to India The Instrument of Accession signed between Kashmir and the Union of India on 26 October 1947 was absolutely unconditional and no different from the agreement signed by 500 other princely states. Article 370 came into effect on 26 Janurary 1950, on the day India became a Republic. Article 35A came in much later, in May 1954, that too through a hasty ordinance. Moreover, Article 370 was always meant to be a temporary provision, as also underlined in the latest SC judgment. Article 370 was supposed to be a temporary provision only, in that its applicability was intended to last till the formulation and adoption of the State’s Constitution. However, the state’s Constituent Assembly dissolved itself on 25 January 1957 without recommending either the abrogation or amendment of Article 370. Vested political interests mischievously interpreted it as a permanent adoption of Article 370. The lack of political willpower by successive Central governments resulted in the Article being used as a weapon for endless political blackmail. Article 370 and 35A took Kashmir back by many centuries One must remember that Kashmir, though land-locked geographically, was always an ‘open’ zone. King Lalitaditya’s kingdom at its peak is said to have expanded well up to Karnataka in the South and Turkey in the North West. In the thirteenth-fourteenth century, Kashmir would trade with Central Asia, particularly Iran. Its Sufi influence also came from Central Asia. However, these two Articles virtually shut Kashmir from the outside world and reduced Kashmir to a radicalised ghetto. One would recall how Mehbooba Mufti had threatened ad nauseam of the consequences of abrogation of Article 370. Now, four years after its abrogation large sections of the population have realised that it was these very articles that had held Kashmir captive. They realise that these articles had only benefitted the two political clans in the valley, who used it as an instrument of political manoeuvre. That these Articles were linked to Kashmir’s accession to India, was a blatant lie, local political parties had continuously peddled over the years, supported by the Congress. The people of Kashmir have seen the tardy governance under the Abdullahs and Muftis who never grew out of their rants against the country. The same people have seen the deft execution of transformative infrastructure projects and social welfare schemes in the last four years when Abdullahs and Muftis were kept out. The people of the valley want peace and progress. They want complete cohesion with India and want to participate in the nation’s growth story and avail the opportunities it offers. They don’t want the flawed myth of Kashmiriyat to alienate them from India anymore. Rather they want a merger of hearts. The positive response to the opening up of cinema halls after three decades is another stark reminder that in naya Kashmir, there is no room for retrograde radicals. Pakistan has no stake Home Minister Amit Shah has been very categorical in rejecting talks with Pakistan. At the same time, he has reiterated that the talks will be with the people of Kashmir. One would recall the chicanery of the entire political class in Kashmir, who until a few years back, would unfailingly drag Pakistan into the Kashmir issue. Now there is no scope for that generosity and neither are the people of Kashmir bothered about the deceptive neighbour. Moreover, India’s astute geopolitical moves, wherein Saudi Arabia is now a key strategic partner for us, have left Pakistan struggling for support even among the Islamic nations. Had India been as firm in rejecting a stake for Pakistan a few decades ago, as it has been under Prime Minister Narendra Modi, Pakistan would have been cut to size much earlier and Kashmir would have suffered a lot less. Article 370 is history The Congress party has had a particularly dubious role in keeping the Kashmir conflict alive. Even after the abrogation of Article 370, Congress leader, Digvijaya Singh, had assured a Pakistani journalist on a Clubhouse chat that when a Congress government comes back to power, it would restore Article 370. The Congress needs to realise that Article 370 is now history and it is next to impossible for any future Govt to restore it. With the Supreme Court upholding CO 273, there is no clause Article 370(3) in the way Article 370 exists now. Thus there is no clause or leeway available for any future Govt to use. Earlier, the way to change/amend Article 370 was through provision of Article 370(3). This could be done by a Presidential order and was thus a relatively simple process. Had Article 370(3) existed, any future government could have restored the same language of Article 370, as it were before 5th Aug 2019. Thus, it will be safe to say that Article 370 stands done and dusted once and for all. Two decades ago, then prime minister Atal Bihari Vajpayee shared his principle of “Kashmiriyat, Jamhooriyat, Insaniyat” as the way forward to resolve the Kashmir conflict. Prime Minister Modi has made Bharatiyat the overriding mantra in that principle. He has set the ground for complete cohesion between Kashmiriyat and Bharatiyat. Kashmir is now set to see the glorious days of King Lalitaditya once again. The writer is a bestselling author and the National Spokesperson of BJP. Views expressed in the above piece are personal and solely that of the author. They do not necessarily reflect Firstpost’s views. Read all the Latest News , Trending News , Cricket News , Bollywood News , India News and Entertainment News here. Follow us on Facebook , Twitter and Instagram .
Tuhin A. Sinha is the author of The Captain, an unusual 'cricket thriller' that delves into modern cricket's underbelly and three oher books; a scriptwriter with several successful Tv shows to his credit and a columnist who writes on social and political issues for the TOI and the DNA and has a blog called Unapologetically Right on ibnlive.com