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The Kashmir issue and article 370
04-0-72025 Pakistan Affairs
Historical Background: Princely States and Partition
!Pre-partition map of India.avif
At the time of British withdrawal in 1947, India was divided into two categories: directly governed British provinces and semi-independent princely states.
- Princely states managed internal matters.
- Britain retained control over defense, foreign affairs, and communication.
The 565 princely states were allowed to join either India or Pakistan or remain independent. After partition, three major princely states resisted joining: Junagadh, Hyderabad, and Kashmir.
The Accession of Jammu and Kashmir
Jammu and Kashmir was a Muslim-majority state ruled by a Hindu Maharaja, Hari Singh. He hoped to remain independent to maintain his own power. However, in late 1947, tribal militias from Pakistan entered Kashmir to liberate it. In response, the Maharaja sought military assistance from India.
- India agreed to help only if Kashmir formally acceded to India.
- The Instrument of Accession was signed.
- India gained control of:
- Defense
- Foreign Affairs
- Communications
Indian troops were sent to Kashmir, starting the First Indo-Pak War of 1947.
United Nations Involvement and Line of Control
!Line of Control - Indo-Pak.jpg
India took the matter to the United Nations. The UN passed Resolution 47, which called for:
- An immediate ceasefire (creating what is now the Line of Control or LoC).
- Withdrawal of troops from both sides.
- A plebiscite to let Kashmiris choose between India and Pakistan.
The plebiscite never happened, as both sides failed to fully withdraw their forces. Kashmir remained divided into Indian-administered Kashmir (IAK and Pakistan-administered Kashmir (PAK)
Article 370 and Article 35A: Special Status
To respect Kashmir's unique accession, Article 370 was added to the Indian Constitution. It granted special autonomy to Jammu & Kashmir, allowing it to:
- Have its own Constitution and Flag
- Make laws on all matters except: Defense, Foreign Affairs, and Communication
Article 35A, added later, defined "permanent residents" of J&K, giving them exclusive rights to:
- Own land and property
- Apply for government jobs
- Vote in state elections
This protected Kashmir’s demographic identity from outside interference.
The Abrogation of Article 370 (2019)
On August 5, 2019, the Indian government revoked Article 370 and Article 35A through a presidential order. As part of this decision:
- J&K was demoted from a state to a Union Territory
- Ladakh was separated as a distinct Union Territory
- Outsiders were now allowed to: Buy property, Work in the region, Participate in its politics
Criticisms of the Abrogation
The move was widely criticized both within India and internationally. Key critiques include:
- Undemocratic:
- Kashmiri leaders placed under house arrest
- Curfews and blackouts imposed
- No consultation with the local population
- Unconstitutional:
- The state assembly was dissolved
- A legal loophole was used
Consequences of the Abrogation
Though the stated aim was to “better integrate” Kashmir into India, the ground reality has been far more complicated. Key outcomes include:
- Increased unrest and militancy in the region
- Decline in tourism, economic activity, and education due to frequent internet shutdowns
- Continued international criticism and concerns over human rights violations
- Unlawful military detentions of civilians under Public Safety Act (PSA).
Kashmir has remained under periodic lockdowns, and relations with Pakistan have deteriorated further.
Regional Impact
The region is now a flashpoint between three nuclear powers: India, Pakistan, and China.
- Border skirmishes between India and China (e.g., Galwan Valley in 2020)
- Frequent ceasefire violations between Pakistan and India post-2019.
- Cross-border trade, student exchanges, and pilgrimages halted or minimized.
Mind Map: The Kashmir Issue
!kashmir issue mindmap.excalidraw
Related Issues
The history of Article 370 — Kashmir Issues Article 370 Removal — Kashmir Issues