Vol. 05,Special Issue 02, (IC-IRSHEM-2020) February 2020, Available Online: www.ajeee.co.in/index.php/AJEEE ABOLITION OF ARTICLE 370 FROM JAMMU AND KASHMIR: BENEFITS OF THE
ABOLITION IN TERMS OF INVESTMENT POSSIBILITY AND TOURISM Ms. Ankita Bahl, Assistant Professor,
Surendera Management College, SGNR
Abstract:- Indian government has removed the disputed article-370 from Jammu and Kashmir. This article was a barrier between the people of Jammu and Kashmir and rest of India. This paper presents the positive impact of the abolition of article 370 from Kashmir from the investment point of view because the state has a lack of jobs and local youth had to go to other states for job opportunities. Recently, the Indian government decided to remove the article 370 from Kashmir. Article370 of the Indian constitution gave special status to the region of Jammu and Kashmir, allowing it to have a separate constitution, a state flag and autonomy over the internal administration of the state, but because of Article 370 the progress was stopped, because the investment rate was very slow as required to meet the current demand of locals. Kashmir's economy is dominated by tourism and allied industry along with some pockets of upper Kashmir with fruits and agricultural produce.
Apart from Jammu there are industrial estates in Udhampur and Kathua region with businesses in glass, plastics and building materials. Earlier, Big corporate houses stayed away from investing, despite both Omar Abudullah and Mehbooba Mufti trying their best to woo them. But these investors were apprehensive on the availability of land and talent. The people of Jammu and Kashmir will benefit immensely from the revocation of provisions of Article 370 that gave special status to the state and its bifurcation into two Union Territories. Jammu and Kashmir and Ladakh recently enable the people to access and enjoy the same rights, same privileges and same facilities as their fellow citizens in the rest of the country. It is a stepping stone in the bigger process of nation building and national welding. Their objective was to improve the life of each individual, each family and society as a whole, the recent enactment of new laws and amendments to existing ones will also be beneficial to the people of Jammu and Kashmir. Moreover the law which now makes Instant Triple Talaq a criminal offence will deliver justice to the daughters of Jammu and Kashmir too.
Keywords:- Article 370, Abolition, Revocation.
AIM:- The aim of the study of this research paper is to analyze the benefits of removal of article 370 from Jammu and Kashmir. Government had taken this decision on 5th August 2019.
1. INTRODUCTION 1.1 What is Article 370?
1. Article 370 was drafted under Part XXI (Part 21) which deals with "Temporary, Transitional and Special provisions
2. Article 370 under the Constitution of India gives special status to the state of Jammu & Kashmir.
3. The article came into effect in 1949.
4. All the provisions of the Constitution which apply to other states do not apply to J&K until and unless the state legislative assembly separately passes such provision.
5. Except for defense, foreign affairs, finance, and communications, Parliament needs the state government's concurrence for applying all other laws.
6. The residents of the state of Jammu & Kashmir live under a separate set of laws including those related to: o Citizenship:-
Ownership of property
Fundamental rights
7. The Directive Principle of State Policy and Fundamental Duties do not apply to the state of J&K.
Vol. 05,Special Issue 02, (IC-IRSHEM-2020) February 2020, Available Online: www.ajeee.co.in/index.php/AJEEE 2. LITERATURE REVIEW
As per president Ram Nath Kovind “the people of Jammu and Kashmir will benefit immensely from the revocation of provisions of Article 370 that gave special status to the state and its bifurcation into two Union Territories. The changes made in Jammu and Kashmir and Ladakh recently will enable the people to access and enjoy the same rights, same privileges and same facilities as their fellow citizens in the rest of the country. "I am confident that the recent changes made in Jammu-Kashmir and Ladakh would be of immense benefit to those regions.
They will enable the people to access and enjoy the same:-
1. Tourism Sector- Tourism sector was the backbone of this state since the independence of India but the continuous terrorist activity from Pakistan badly affected this sector, for example, houseboats business is almost finished.
A. Religious Tourism- This state has famous religious places of Hindus sh. rights, same privileges and same facilities as their fellow citizens in the rest of the country," Kovind said in the address on the eve of the 73rd Independence Day. The state of J&K itself has done phenomenally well on its indicators as an Indian state should. It has grown by almost 7%
last year, ensured a greater number of schools per household and even health and connectivity outcomes have outperformed expectations. A big reason is the heavy subsidisation by the Centre. A study showed that it has received, from 2000-2016, 10% of all Central funds despite having 1% of the population.
It is an economic powerhouse waiting to be unleashed. Article 370, very obviously, however, is still an impediment in restricting private or global investment into the state.
Earlier, Indians (non-Kashmiris) cannot invest in land or property, how can manufacturing firms or multinational corporations? The moves might have provided jobs to the young people of Kashmir. It also stopped public colleges such as medical colleges from adequately fulfilling vacancies. Professors cannot be hired from outside the State except in extremely low quotas. These and many more ensure that unemployment increases, which make the advent of radicalization, more viable.
2.1 Investment Possibility in Jammu and Kashmir
Jammu and Kashmir has many possibilities of investment in different sectors; this investment can give many job opportunities to people of this state. According to the report
“Investments in J & K will be now a top agenda in many corporate boardrooms. In the next five years, the youth in the region will benefit from tremendous job opportunities as a result of these investments,” said Puneet Dalmia, MD, Dalmia Bharat Group [2]. Vaishno Devi holy cave, Sh Amarnath holy cave, Martand Sun Temple in Anantnag, Khirbhavani Mandir in Ganderbal Jaya Devi Temple, Bijbehara Ancient Hanuman temple in Srinagar, Gautam Nag Temple in Anantnag and 200
B. Non-religious Tourism- This state has many naturally beautiful places -Bahu Fort, Mubarak Mandi Palace, Mansar Lake, Lamayuru -Moonland of Ladakh, Pangong Lake, Nubra Valley, Gulmarg, and Pahalgam, etc. After the abolition of article 370 this sector will get a boost because due to this investment in hotels, restaurant and coffee shops was very difficult in this state.
3. AGRICULTURE AND DAIRY SECTOR
This state has lots of investment possibility in the agriculture sector. Fruits, vegetables and dry fruits are majorly produced in the agriculture sector, after the abolition of article 370, this sector will get a boost and the income of poor will increase. Along with the agriculture sector, the dairy sector will also get a boost. According to the report “For years, J&K’s dairy sector has been beset by challenges of low remuneration, costly milk production, competition from private dairy players, and farmers losing interest in animal husbandry.
Representative image - The Hindu” [3].
Vol. 05,Special Issue 02, (IC-IRSHEM-2020) February 2020, Available Online: www.ajeee.co.in/index.php/AJEEE 3.1 Manufacturing Industry
This sector has many sub-sectors and this sector always has investment possibility, this sector generates services and goods. According to reports - “We think it will kick start with the companies tying up with established local players to build the ecosystem. This is how most cities and states grow and we see it as a great opportunity for localities first. We plan to come up with the manufacturing facility in accordance with the upcoming investor summit in the month of October.
We hope the decisions will allow the businesses to operate freely under the same rules in the valley”, said Rajeev Kapur, MD, Steel bird Helmets [4]. Years old Ganpatyar Temple in Srinagar, every year many people come in this state due to religious tourism and after the abolition of article 370, the number of pilgrims will increase. “The revoking of Article 370 will help the J&K economy for sure. The stagnation that the state economy has suffered for decades will be reversed.
Also, it is a boon for students as well across India who wishes to seek employment in the valley and:-
A. Food/Fruits processing and packed water industry- This state has lots of investment possibility in food/fruits processing because products of agriculture sector need to be processed and packed water industry can be set up in the state because the state has many rivers.
B. Film Industry- This state has natural beauty so the state has lots of places which can be used for film shooting and the state government will get revenue.
C. Pharmaceuticals Industry- This state is situated in the Himalayan region, so many herbs can be grown here and later that can be used in Pharmaceuticals Industry, and can be sold anywhere in the country.
D. Cloth Industry- The state has a lot of possibility in the cloth industry, the woolen cloths are famous and have great demand in the north Indian market, and after the abolition of 370 this sector will get a boost.
3.1 Comparison with other Union territories
India has many union territories some of them are with the legislature and some of them are without a legislature, and some Union territories have converted into states. As we know, the statement of current home minister of India Mr. Amit Shah in Rajyasabha, Jammu and Kashmir will be converted in the state after getting stability. Through our plant, we will be generating employment as well.” added Mr. Rajeev Kapur [4].
3.2 Union territories without their own legislatures [5]
1. Chandigarh
2. Dadra and Nagar Haveli 3. Daman and Diu
4. Lakshadweep
5. Ladakh(proposed from 31 October 2019) 6. Andaman and Nicobar Islands
3.3 Union territories with their own legislatures [5]
• Jammu and Kashmir (proposed from 31 October 2019)
• Pondicherry
• National Capital Territory of Delhi
3.4 Former union territories (Currently States) [5]
• Arunachal Pradesh (1972–1987)
• Goa, Daman and Diu (1961–1987)
• Himachal Pradesh (1956–1971)
• Manipur(1956–1972)
• Mizoram (1972–1987)
• Nagaland (1957–1963)
• Tripura (1956–1972)
Vol. 05,Special Issue 02, (IC-IRSHEM-2020) February 2020, Available Online: www.ajeee.co.in/index.php/AJEEE We will take an example of Goa, it is a small state and Goa has the highest NSDP per capita (₹420,383 (US$6,100)) [6] among all Indian states, and if we look at this table Sikkim and Chandigarh are small states/union territory but hold more rank than big states/union territory, so it is clear that a small state or union territory can grow, and it requires a terror-free environment. Another important concern is that Kashmir trade was being used for illegal money transfer (hawala) to fund terrorist activity by Pakistan and this illegal money transfer had to stop but legal trade and economic activity should increase this can be done only by remove article 370, so the Abolition of article 370 is in the favor of people of Jammu and Kashmir.
4. CONCLUSION
As we know the Kashmir Apple and pashmina sholl, have demand in the Indian market, this state has lots of investment possibility but article 370 was the big obstacle of state progress. This was necessary to be removed for the prosperity of the state. The 5 Aug 2019 this day has been recorded in the history, the abolition of Article 370 will bring happiness in the life of local people, they will get job, their per capita income will be increased, the GDP contribution of the state, will increase, so after the overall analysis, we can say the state will be the happiest state of the Republic of India.
Vol. 05,Special Issue 02, (IC-IRSHEM-2020) February 2020, Available Online: www.ajeee.co.in/index.php/AJEEE REFERENCES
1. “Article 370 of the Constitution of India” [Online] Available:
https://en.wikipedia.org/wiki/Article_370_of_the_Constitution_of_India
2. “India Inc sees investment opportunities in Jammu and Kashmir” [Online] Available:
http://timesofindia.indiatimes.com/articleshow/70556996.cms?utm_source=contentofinterest&utm_med ium=text&utm_campaign=cppst.
3. “Dairy sector to boost employment in J&K” [Online] Available:
https://www.thehindubusinessline.com/economy/dairy-sector-to-boost-employment- injk/article28830751.ece
4. “Steel bird Helmets to Setup New Manufacturing Plant in JK After Govt Scraps Article 370” [Online]
Available: https://www.news18.com/news/auto/steelbird-helmets-to-setup-newmanufacturing-plant-in- jammu-and-kashmir-after-govt-scraps-article-370-2261279.html
5. “Union territory” [Online] Available: https://en.wikipedia.org/wiki/Union_territory
6. “List of Indian states and union territories by GDP per capita” [Online] Available:
https://en.wikipedia.org/wiki/List_of_Indian_states_and_union_territories_by_GDP_per_capita
