Does Congress’ Support for the Restoration of Article 370 Demonstrate that they are Anti-Constitution?

Congress party has recently voiced support for the restoration of Article 370, the constitutional provision that once granted special autonomy to the state of Jammu and Kashmir. This stance has ignited a fierce debate across political and legal circles, raising questions about Congress’ commitment to the foundational principles of the Indian Constitution

By Pankaj Jagannath Jayswal

The “deep state” is attempting to destabilise the Central Government by spreading false narratives, one of which is that the Constitution is in danger. Rahul Gandhi and the Indi alliance are disseminating such bogus notions, especially during election season. Rahul Gandhi travels across the country consistently warning that the Constitution is under danger, as if he is the true defender of the Constitution. People have recognized the true situation, from declaring an emergency to altering the constitution on a regular basis and enacting legislation against Dr. Babasaheb Ambedkar’s constitution. Many things transpired under the Congress’ power. Who wants to save the constitution and reservation, and who wants to destroy it? If the Jammu and Kashmir legislature passed a resolution on November 6, 2024, requesting the reinstatement of Article 370, and the Congress backed the action, we should realize who is opposed to the constitution.

How Article 370 was anti-constitution and anti-reservation

Article 370 resulted in ill-treatment of people, in particular Scheduled Castes and Tribes and women in Jammu and Kashmir, and removed the right to reservation and advantages guaranteed by the Constitution. The sanitation workers’ group was subjected to disparaging labels such as ‘Watal’, which referred to low-class workers. In plain terms, the President completely softened Dr. Babasaheb Ambedkar’s constitution for Jammu and Kashmir in 1954 at the request of the Congress-ruled Nehru administration. By denigrating the Indian constitution, it indirectly allowed Pakistani meddling. The SCs, STs, OBCs, and women were the most severely affected by the constitution’s weakening. Article 370 encouraged secession and terrorism in Jammu and Kashmir, killing 42,000 people.

What has changed since the BJP government repealed Article 370 in 2019

The most essential factor is that Dr. Babasaheb Ambedkar’s Constitution was fully implemented in Jammu and Kashmir; everyone had the same rights as Indians in other states, and the disadvantaged castes were given dignity. Many rights have been granted, including the right to a reserve, the right to vote, and the right to speak. The Modi government’s repeal of Article 370 permitted all sections of the Constitution, including the 1993 Sweepers Act, to be applied in the state. In the last four years, the OBC minority in Jammu and Kashmir has been acknowledged for the first time. This is a significant triumph for the excluded minority, as they began to exercise their constitutional rights. With the repeal of 370, communities in Jammu and Kashmir now have access to the same provisions as Scheduled Castes and Scheduled Tribes in the rest of the country. The Forest Rights Act, the Prevention of Atrocities Act, and the Valmiki community’s claim to domicile in Jammu and Kashmir were all implemented after Article 370 was repealed. PM Modi has approved the bill for OBC reservation in Jammu and Kashmir’s local bodies. For the first time in J&K history, 9 seats have been designated for Scheduled Tribes, with additional seats reserved for Scheduled Castes.

Aside from the good impact on underprivileged populations, it is encouraging to witness the region’s progress toward gender equality. Previously, if a woman in J&K married a man from another state, she was barred from purchasing property in the state, limiting women’s rights and freedom to choose their life partner. While the children of separatist leaders lived comfortably, others faced the severe effects of the fighting.

Apart from the positive impact on marginalised communities, it is heartening to see the advancement of women’s equality in the region.   Earlier, if a woman in J&K married a man outside the state, she had no right to purchase property in J&K , limiting women’s rights and freedom to choose their life partner. The repeal of Article 370 has provided protection to these ‘others’. Between 2016 and 2019, 5050 incidences of stone pelting were registered in the state, which dropped to 445 once the section was repealed, an astounding 92 per cent reduction. Between August 2016 and August 2019, 124 innocent people were killed in protests and stone-throwing incidents; no similar deaths have been reported in the four years since the cancelation. Furthermore, in the post- Article 370 era, the number of civilian deaths in law and order circumstances dropped to an amazing zero. This means that no one can deny the overpowering sensation of calm that pervades the place.

So we should all ask ourselves whether the Congress and its allies are constitutional defenders or killers. The development in the Jammu and Kashmir Legislative Assembly should plainly open the eyes of all Indians. We hope you will take this in mind when voting in every election.

(The article has been previously published in Organiser Weekly).