Right Word | Why Abrogation Of Article 370 Was A Strategic Necessity For India

Seven years after Article 370's abrogation, unrest in PoJK has reignited the debate. Did New Delhi's 2019 move strengthen India's security at a crucial moment?

Seven years after the abrogation of Article 370, the debate has moved beyond constitutional theory to strategic reality. As Pakistan struggles to contain an unprecedented uprising in Pakistan-occupied Jammu and Kashmir, the question is no longer whether New Delhi had the legal authority to act in 2019, but whether it acted at the right moment. The unfolding crisis across the Line of Control offers the clearest answer yet.

The argument for abrogating Article 370 was never really a constitutional argument, and the Supreme Court judgment of December 2023 answered only a narrow question—whether New Delhi had the power to do what it did in August 2019. The question that had worried the security establishment since the early 1990s was a different one. Could the Indian state defend a territory over which it held only partial jurisdiction, next door to a country that has repeatedly used the bleeding of Kashmir to hold itself together? Seven years on, with Pakistan-occupied Jammu and Kashmir in revolt against Islamabad, that question can be tested against evidence rather than argued in the abstract.

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Article 370 and Article 35A, stemming from it, established a jurisdiction where central law applied by permission. Financial transparency legislation was introduced late or diluted, investigative agencies operated on sufferance and property attachment powers were often absent. Article 35A’s residency and land restrictions effectively closed the territory to external scrutiny, less about protecting........

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