PM Modi challenges Opposition over CAA and Article 370 repeal promises

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

Listen to the Article (6 Minutes)

Prime Minister Narendra Modi has challenged the Opposition on their promises to repeal both Article 370 and the Citizenship Amendment Act (CAA). He stated that such decisions fall under the authority of the central government and not within the jurisdiction of state governments, casting doubt on the Opposition’s grasp of India’s Constitution and federal structure.

In an exclusive interview with Network18 Group Editor-in-Chief Rahul Joshi, PM Modi said, “Whoever understands the Constitution of India, whoever knows the federal structure of India, won’t ever say such things.”

“The central government will do what is in its ambit. A state government will do whatever is in its ambit,” he asserted.

Taking a direct jab at the Congress party, PM Modi challenged them to publicly announce their intention to restore Article 370, which granted special status to Jammu and Kashmir. He pointed out that Article 370 kept the Indian Constitution from being fully applicable in the region for 70 years, and its abrogation has allowed for greater inclusivity and opportunities for marginalised communities.

“For 70 years, the Indian Constitution was not applicable in Jammu and Kashmir,” PM Modi stated. “There, Dalits are getting reservation for the first time. The Valmiki community is getting reservation for the first time. What are they talking about? Do they have the courage to hold a press conference and say ‘we’ll bring back Article 370’? Can any party dare say that?”

Citizenship (Amendment) Act, 2019

The Citizenship Amendment Act (CAA), the law was passed by the Indian Parliament on December 11, 2019, amended the 1955 Citizenship Act.

The CAA grants fast-tracked Indian citizenship to migrants within six years and reduces the residency requirement from 11 to five years, a departure from the previous 12-year norm. The CAA seeks to grant Indian citizenship to undocumented non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan who arrived in India before December 31, 2014. The law excludes Muslims, as it aims to provide citizenship to persecuted minorities, including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from the three mentioned countries.

Recently, on March 11, the Prime Minister Narendra Modi-led government notified the rules under the Citizenship (Amendment) Act, 2019 (CAA-2019).

The Ministry of Home Affairs has prepared an online portal for applicants to streamline the process. Applicants need to declare the year of entry into India without travel documents.

What is Article 370?

Article 370 of the Indian Constitution granted special autonomous status to the region of Jammu and Kashmir. It was incorporated into the Constitution in 1949 as a temporary provision, with the intention of giving the state a certain degree of autonomy until its future could be decided through a plebiscite.

Under Article 370, Jammu and Kashmir had its own constitution, its own flag, and considerable autonomy over its internal affairs, except in matters of defence, foreign affairs, finance, and communications, which were under the jurisdiction of the central government.

This Article also restricted the applicability of laws passed by the Indian Parliament to Jammu and Kashmir. For a law to be applicable in the state, it required the concurrence of the state’s constituent Assembly or, after its dissolution, the state’s governor with the concurrence of the president of India.

Abrogation of Article 370 and implications

Article 370 was officially withdrawn on August 5, 2019. On this date, the Government of India revoked Article 370 of the Indian Constitution, thereby removing the special status accorded to the state of Jammu and Kashmir. Additionally, Article 35A, which empowered the state’s legislature to define “permanent residents” and provide them with special rights and privileges, was also abrogated.

The abrogation of Article 370 holds profound implications for the political trajectory of Jammu and Kashmir, fundamentally reshaping its relationship with the Indian Union. As the Supreme Court mandates the reinstatement of full statehood in Jammu and Kashmir, the onus lies on mainstream political players to spearhead the region’s development. The trajectory of Kashmir’s political evolution is intricately interwoven with the sagas of the main political parties there, the National Conference (NC) and the J&K’s People’s Democratic Party (PDP), making their role indispensable in shaping the contours of a new Kashmir.

What does the Opposition say? 

The Opposition parties, especially the Congress, have been critical of both — the abrogation of Article 370 and Citizenship Amendment Act (CAA) — since its inception. The primary argument against the CAA is its discriminatory nature, labelling it as unconstitutional. They argue that by excluding Muslims from its purview, the CAA violates the secular principles enshrined in the Indian Constitution.

The Opposition generally criticises the abrogation of Article 370, accusing the government of acting unilaterally and without proper consultation with stakeholders in Jammu and Kashmir. They often highlight the potential implications on the region’s autonomy and the democratic rights of its people.

In view of the general elections 2024, there had been claims that Congress, in its 2024 manifesto, has promised to uphold Article 370, and abolish the Citizenship Amendment Act (CAA). However, the 48-page document, which unveils Congress’s tagline ‘Haath Badlega Halaat’ (Hand to Change the Circumstances), does not mention CAA or Article 370.

Although the manifesto remains silent on Article 370, which provided special status to Jammu and Kashmir before it was scrapped, the Congress promises to immediately restore full statehood to Jammu and Kashmir. Additionally, it vows to amend the Sixth Schedule of the Constitution to include the tribal areas of Ladakh.

Elon Musk forms several ‘X Holdings’ companies to fund potential Twitter buyout

3 Mins Read

Thursday’s filing dispelled some doubts, though Musk still has work to do. He and his advisers will spend the coming days vetting potential investors for the equity portion of his offer, according to people familiar with the matter

KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow