The divesting of Article 370 of the Indian Constitution, by way of a Presidential decree, is a stroke of legal genius by Prime Minister Modi’s government. Article 370 is unfair, anachronistic and discriminatory legislation; it’s best done away with.
This also attests to the genius of the drafters of our dynamic constitution. The Indian Parliament, the country’s supreme legislative body, has approved the divestment of this unfair legislation and also approved the diversification of the State of Jammu and Kashmir into two Union Territories – Ladakh and Jammu and Kashmir.
In supporting this bold decision, the Indian Parliament has paved the way for good governance and ease of development. The poisonous fangs of the temporary provision are now been defanged. The fact that an avid protagonist of Statehood, the Delhi Chief Minister, Arvind Kejriwal, and his Aam Aadmi Party (AAP) support the move speaks for itself.
Several successive BJP governments have advocated the removal of Article 370 in their manifesto. But none of them have had the majority to be able to execute this. After winning the elections with a resounding majority, keeping with their election promises, the Prime Minister, Narendra Modi, and his maverick Home Minister, Amit Shah, embarked on a mission to fully integrate Jammu and Kashmir through constitutional means.
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