Union of India files affidavit in SC in response to petitions against abrogation of Article 370

The Union of India (UoI) filed a detailed affidavit in the Supreme Court on Monday in response to a slew of petitions against the abrogation of Article 370 in Jammu and Kashmir.

"It is a matter which cannot be disputed that the existence of Article 370 for over seven decades in spite of it having been conceived to be merely a temporary provision, prevented the people of the state of Jammu and Kashmir to receive the benefits of evolving legal systems as even the amendment of the Constitution of India and other laws of the Parliament were not applicable to the said State creating a separatist mindset," the affidavit stated.

It also mentions that the provisions of Article 370 were hampering, rather than helping the integration of the erstwhile state with the rest of India, which was "neither in the national interest nor in the interest of the State of Jammu and Kashmir."

"The militants and separatist elements, with the support of foreign forces inimical to India, were taking advantage of the situation and sowing discord, discontent and even secessionist feelings among the populace of the State," it added.

According to the affidavit, "Therefore, a decision was taken that it would be in the national interest, and in the interest of the security and integrity of the country, that the existing regime under Article 370 be discontinued."

The affidavit further said that inimical forces from across the border have exploited the situation. The overall economic development in the State has been severely hindered on account of these factors, and, as a result, the erstwhile State has failed to live up to its full development potential.

The growth potential of the erstwhile state was largely untapped despite large monetary support from the Government of India, the affidavit of the UoI stated.

Centre had in August announced the decision to abrogate the Article 370 which gave special status to Jammu and Kashmir and also announced the decision to simultaneously bifurcate the state in two Union Territories - Jammu and Kashmir, and Ladakh.

With this, the total number of states in the country has come down to 28 while the number of Union Territories has gone up to nine.

The President's Rule that was imposed in the state has been revoked.