Why I Think Article 370 Will Be Scrapped Soon..!

Article By: Gaurav Kumar

We all remember Arnab shouting on Republic Tv when BJP crossed almost 118 seats during Karnataka election results, but the happiness was short-lived and the count came down to 108, three less than the majority mark. JDS which saw the opportunity never seen before, joined the unholy alliance with congress for the CM seat. Why I call it unholy alliance is, because it doesn’t make any sense for a state to be ruled by a party which came on third place. If it was congress candidate on the CM post and JDS would have indirectly supported in the state assembly, it would have made more sense. Even if we forget the dramatic kidnapping of JDS and congress MLA candidates, democratic principles would have prevailed up to some extent, as democracy is all about rule of majority. Sometimes, I think world has moved far away from morality, ethics and values, and thus anything which is acceptable in the constitution, is acceptable for political parties nowadays.


Next came the by-polls in some states like MP and UP, in which we saw the dramatic defeat of BJP candidates. Although, by-polls results are based on local sentiments, still defeat is defeat and you are a loser if you are ignorant about it.

In my views, government has taken a lot of extraordinary reforms in all sectors, like Jan Dhan Yojna for the financial inclusion, GST for national integration and Taxation, UDAN for last mile air connectivity, UDAY for discoms, etc which will shape the future India. Some of the reforms like free LPG connection for 5 crore families, projects under digital India, electrification of all villages, Bharatmala project for highway construction and Sagarmala project for port led development are going to affect us positively in the coming decades. The way initiation of Delhi metro brought chains of metroes constructed throughout the country, the first high-speed Bullet train project is expected to bring the same revolution in Public Transport sector. There are thousands of other reforms which I can talk about, but the truth is common people are not satisfied with it.

Some traders are seeing their profit eroded due to GST implementation, others are unhappy about the income tax raids. We also saw anti Dalit propaganda in the form of Rohit Venumula, whose family did hue and cry in leu of 20 lakh money from some islamic groups. Although, the current government brought the much demanded “One Rank One Pension” and EPF reforms to bring changes in formal and informal sectors, central government employees are not happy due to marginal increase in their salary. Issue of petrol and diesel prices also got people’s attention and thus there is a negativity in environment for BJP government. The truth is, in democracy people are the kingmakers and thus you have to make them happy.

To regain people’s trust and not let them feel cheated, BJP has not many options left. In my views, there are three things which can still change people’s sentiments to a huge extent; Ram Mandir construction, Uniform civil code implementation and removal of article 370 (Kashmir issue).

Ram Mandir issue has seen a lot of ups and downs in the past century. Although, stones are cravings are done and the temple designs finalised, still Supreme court’s final verdict is needed. If BJP starts constructing the temple forcefully without the final verdict, it will not be in favour of nation’s democratic interests. It will be a slap on Supreme court and judiciary, but the way judiciary works in India, it seems impossible for the temple construction to start before elections.


Coming to the second issue: Uniform civil code will require a lot of time to be implemented even if the bill is brought in the next parliamentary session as it requires constitutional amendment. Even though UCC is mentioned in directive principles  of state policy, congress government didn’t touch it due to their appeasement politics and the fear of losing fixed votes. As per article 368, the amendment will require passage of the bill in Loksabha, Rajyasabha and finally, the presidents affirmation. Since, BJP lacks majority in Rajyasabha, it is foolishness to think it can be completed in a year.

The only other sentimental thing attached with every Indian which can change the direction of politics in India is, the Kashmir issue. Article 370 defines relation of India with Kashmir and also symbolises the separate constitution for it. Most of the Ultra nationalists in India wanted BJP to follow hard approach in Kashmir and scrap the article 370 but their dreams were shattered when BJP joined PDP and formed government for the so-called “national Interest”. After losing the state elections and feeling the negative sentiments among its voter base, BJP has now come to senses. PDP was demanding release of most of the stone pelters and scrapping the FIRs attached with it. Even though the ceasefire never worked, PDP was pressurizing to extend it. Although this can be seen for the appeasement of their voter base, it was against the desires of BJP’s voter base.

So, it’s time to gain the lost trust. As most of us desired, BJP came out of the coalition government and the governor’s rule came in effect. Now that we have no pressure from PDP, army, state police and intelligence agencies can work together to start the operation all out 2.0 . Yesterday, we saw news coming that NSG (National security Guards) is sent to Kashmir as they are the most feared ones in terrorist operations.

There are many views regarding scrapping of article 370. Some people argue that the article came into effect by constituent assembly of J&K and now that it doesn’t exit, makes it permanent. In contrary, recently honourable Supreme court said that neither article 370 nor even J&K high court is not above the Indian constitution; which implies that the central government can scrap it by a simple majority in Loksabha. Since, this action doesn’t affect other states, it doesn’t need to be passed by Rajya Sabha. BJP RajyaSabha MP, Subramaniyam Swami has also hinted in favour.

Article 35 A HC

The other reason supporting my theory is, the POK area which contains Gilgit- Baltistan has been given fifth province status in Pakistan’s constitution recently. So, for India, it doesn’t make any sense to keep our side as Independent territory. The only country which would have objected to this was the so-called protector of democracy and Human Rights: USA , but the truth is USA itself left UN Human Rights Council and no more wants to get involved in world’s fights now. We are having good relations with both Russia and USA, even china won’t object to it as it has south China sea issue on hand. So, theoretically we have no big powers which can oppose this.

In my views, we will see article 370 scrapped within 6 months. Now it’s time to watch the drama.

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