Article 370, its removal and politics

Updated: 12/28/2023
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Last Updated: 03 August 2023

STATUTORY RESOLUTION to remove Article 370 of the Constitution
-- Introduced & Passed in RS on 05 Aug 2019
-- Introduced & Passed in LS on 06 Aug 2019[1]

  • Article 370 gave special status to Jammu and Kashmir, a greater autonomy to have its own constitution, separate flag and autonomy of internal administration[2].
  • In August 2019, Government of India revoked Article 370.

Political parties on Revocation of Article 370


Rajya Sabha[3]

Supported the Bill Opposed the Bill Walked out
1. BJP
2. AIADMK
3. Shiv Sena
4. Shiromani Akali Dal,
5. AGP
6. BPF.
7. Aam Aadmi Party
8. Telegu Desam Party
9. Bahujan Samaj Party
10. YSR Congress
11. Biju Janata Dal
 1. Janata Dal (United)
2. Congress
3. Rashtriya Janata Dal
4. DMK
5. CPI(M)
6. CPI(ML)
7. J&K National Conference
8. People's Democratic Party
9. Samajwadi Party		 1. NCP
2. Trinamool Congress

Lok Sabha[4][1:1]

  • Congress voted against the Bill
  • TMC walked out from the voting
  • Several opposition parties including BSP, TDP, YSRCP and BJD supported the Bill
  • Samajwadi Party chief Akhilesh Yadav walked out but his father & party patriarch Mulayam Singh Yadav voted against the Bill
  • AAP had no LS member at that time

Support for revocation of 370 within Congress

  • Although Congress opposed the bill to revoke 370, ManMohan Singh said that Congress always considered Article 370 as a temporary measure[5]. However earning the good will of J&K people was necessary before this step
  • Many Congress leaders have deviated from the party line and expressed their support for revocation of 370[6]
  • Samajwadi party also saw sharp division on the stand on 370, with 2 members leaving the party just before discussion in Rajya Sabha[7]

AAP stand on revokation of 370[8]

  • AAP has made it clear that although it supports revocation of Article 370

AAP does not support making J&K into a Union territory


Challenge in Supreme Court[9]

Several petitions were filed in the Supreme court challenging the constitutional validity of revocation of article 370

  • December 2019: A 5-judge bench started hearing these petitions, about 4 months after the passage of the bill
  • March 2020: This Bench referred these petitions to a constitutional bench and held that there was no need to refer the matter to a larger Bench of 7 judges
  • July 11 2023: A constitutional bench comprising of CJI DY Chandrachud, Justice SK Kaul, Justice Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant started hearing them

(to be updated after the judgement)

References:

  1. https://sansad.in/ls/debates/digitized (LokSabha 17, Session I, Debate 6) ↩︎ ↩︎

  2. https://en.wikipedia.org/wiki/Article_370_of_the_Constitution_of_India ↩︎

  3. https://www.indiatoday.in/india/story/jammu-and-kashmir-article-370-revoked-political-parties-support-oppose-1577561-2019-08-05 ↩︎

  4. http://timesofindia.indiatimes.com/articleshow/70561690.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst ↩︎

  5. https://thewire.in/politics/congress-voted-for-article-370-decision-in-parliament-says-manmohan-singh ↩︎

  6. https://thewire.in/politics/congress-kashmir-370-haryana-polls ↩︎

  7. https://economictimes.indiatimes.com/news/politics-and-nation/many-opposition-leaders-defied-party-line-on-article-370/articleshow/70649502.cms?from=mdr ↩︎

  8. https://www.business-standard.com/article/news-ani/aap-only-supported-centre-on-article-370-never-backed-idea-of-j-k-as-ut-sanjay-singh-119080600056_1.html ↩︎

  9. https://www.livelaw.in/top-stories/supreme-court-constitution-bench-article-370-jammu-and-kashmir-231765 ↩︎

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