The abrogation of Articles 370 and 35-A is now a permanent chapter in history. The five-member Constitutional Bench of the Supreme Court has correctly affirmed the process of abrogating Article 370 with unanimous consent. According to the Court:
* Jammu and Kashmir had no internal sovereignty, and the state government's consent was not required to apply the Indian Constitution to Jammu and Kashmir.
* Article 370 was a temporary provision.
* The Instrument of Accession and the Proclamation (dated November 25, 1949) had no elements of retaining sovereignty for Jammu and Kashmir after signing.
* The use of powers by the President under Article 370(3) was to apply the Indian Constitution in its entirety to Jammu and Kashmir.
* This step was only to complete the process of constitutional integration of Jammu and Kashmir with the rest of the country.
The Supreme Court has also recommended the formation of a Truth and Reconciliation Commission to investigate human rights violations. The judges commented on the creation of separate Union Territories for Ladakh and Jammu and Kashmir, asserting the validity of the decision to make Ladakh a separate Union Territory under Article 3(A), giving Parliament the authority to create separate Union Territories by dividing any state.
The demand for Article 370 was raised by Sheikh Abdullah, with Prime Minister Nehru's support. The removal of Article 370 has granted complete freedom to Jammu and Kashmir. The conspiracy to impose it on Jammu and Kashmir was orchestrated by Sheikh Abdullah and Nehru. Sheikh Abdullah was the first to demand the application of Article 370. In a letter to Sardar Patel on January 3, 1949, when Sardar Patel did not accept it, he presented the proposal to Prime Minister Nehru.
Conspiring to Divide Jammu and Kashmir
On April 14, 1949, Sheikh Abdullah, in an interview with journalist Michael Davidson, demanded the division of Jammu and Kashmir. After this, Pandit Nehru put pressure on Sardar Patel to accept Sheikh's views, but when Sardar Patel did not yield, in May 1949, Pandit Nehru went to Jammu and Kashmir and made several compromises with Sheikh Abdullah. The proposal was sent to the Constitutional Assembly on October 17, 1949, and Sheikh opposed it, threatening Ayyangar with resignation in a letter. However, Sardar Patel did not succumb to Nehru's pressure. In the first draft of Article 370, all powers were with Sheikh, which was changed, and Sardar Patel replaced Sheikh Abdullah's interim government with the Union of India.
Draft with the Union of India in place of the Interim Government
This was Sardar Patel's step that made the removal of Article 370 possible. Everyone knows that due to the arrogance and stubbornness of Pandit Nehru, the merger of Jammu and Kashmir into India was delayed, whereas Maharaja Hari Singh always wanted the merger of Jammu and Kashmir into India. Sardar Patel's dream has now come true. The Supreme Court has also endorsed the decision of the Central Government to remove Article 370. The nation is welcoming the Supreme Court's decision. Since the abrogation of Article 370, the residents of Jammu and Kashmir have realized the dream of "one nation, one constitution, one prime minister." Dr. Shyama Prasad Mukherjee's demand has been fulfilled. Not only that, but people in Jammu and Kashmir are also receiving equal rights like other states in the country. No one, including Pakistan, should have any misconception about the identity of Jammu and Kashmir. Jammu and Kashmir were, are, and will remain an integral part of India.
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