Article 370: Why August 5 marks a new chapter in social justice

(Guru Prakash)

History often remembers constitutional moments through the prism of politics. Yet the most enduring constitutional decisions are those that fundamentally alter the lives of ordinary citizens. The abrogation of Article 370 on August 5, 2019, is one such moment.

Much has been written about its implications for national integration and security. These dimensions are undoubtedly significant. However, reducing the decision to questions of territory alone misses its deeper constitutional significance. Seven years on, Article 370 should increasingly be understood as a milestone in India’s journey towards constitutional equality, social justice and equal citizenship.

For students of Dr B.R. Ambedkar’s constitutional philosophy, the question has never been whether India should be united merely in geography. The real question has always been whether every Indian, irrespective of region, enjoys equal constitutional rights.

That is why August 5 deserves to be remembered not only as an act of national integration but also as an important step towards realising the social justice vision of the Indian Constitution.

Ambedkar’s Constitution Recognises Citizens, Not Exceptions

Dr Ambedkar repeatedly emphasised that constitutional morality must prevail over political expediency. The Constitution, in his imagination, was not simply a legal document but an instrument for dismantling historical inequality.

Article 370 created a constitutional arrangement under which the application of many central laws and constitutional provisions depended on a distinct legal process. Over time, this produced an uneven constitutional landscape in which citizens of Jammu & Kashmir did not always enjoy the same legal framework as citizens elsewhere in India.

The issue, therefore, was never simply one of autonomy. It was also one of constitutional equality.

A republic cannot indefinitely sustain different standards of citizenship if it seeks to uphold justice as a universal constitutional value.

The Social Justice Deficit

For decades, debates on Article 370 largely revolved around identity and politics. The voices of the marginalised remained at the margins.

The constitutional changes of 2019 enabled the full application of the Constitution of India and numerous central laws to Jammu & Kashmir. This significantly expanded the reach of legal protections and welfare measures that had long been available across the rest of the country.

Among the major beneficiaries have been historically marginalised communities:

• Scheduled Tribes received stronger institutional recognition, including political reservation through the first Delimitation Commission to reserve Assembly seats for ST communities in Jammu & Kashmir.
• Other Backward Classes obtained political reservation in local bodies under the broader constitutional framework.
• Safai Karamcharis and historically disadvantaged communities gained greater access to national labour and welfare protections.

(The writer is national spokesperson, BJP)