Daily Current Affairs : 15-December-2023

Recently, the Supreme Court of India unanimously upheld the abrogation of Article 370, a significant constitutional provision that granted special status to the region of Jammu and Kashmir. In addition to this, the court recommended the establishment of a Truth and Reconciliation Commission (TRC) to investigate alleged human rights violations in the region. This development holds relevance in the context of polity and governance, falling under GS II.

Dimensions of the Article:

Truth and Reconciliation Commission (TRC): An Overview

A Truth and Reconciliation Commission is an official mechanism with the objective of acknowledging and exposing wrongdoings, focusing on historical injustices rather than ongoing events. It operates as a temporary body, engaging directly with the affected population, and is officially authorized by the state under review.

Objectives:

  • Focus on the Past: Concentrating on historical wrongs over a specified period.
  • Engagement with the Affected Population: Gathering information on the experiences related to specified events.
  • Temporary Body: Operating with a defined lifespan, aiming to conclude with the issuance of a final report.
  • Official Authorization: Empowered by the state under review, functioning with the consent and support of the relevant government.

Nations with Established TRCs:

  • South Africa: Notable for the TRC established in 1995 post-apartheid to uncover human rights violations.
  • Australia and Canada: Acknowledged for their truth commissions contributing to reconciliation efforts.
  • India’s Neighborhood: Sri Lanka and Nepal have instituted truth commissions to address historical grievances.

Significance:

TRCs play a crucial role in facilitating truth-telling, acknowledging past injustices, and fostering reconciliation within societies that have experienced significant historical trauma.

Article 370: Special Status for Jammu and Kashmir

Article 370 in the Indian constitution conferred special status upon Jammu and Kashmir, with key provisions including its temporary nature, autonomy except in specific areas, and roots in the Instrument of Accession signed in 1947.

Key Provisions:

  • Temporary Provision: Included to provide special status until a final resolution was reached.
  • Autonomy Except in Specific Areas: Jammu and Kashmir had autonomy over most matters, excluding defense, foreign affairs, and communications.
  • Instrument of Accession: Rooted in the terms of the Instrument of Accession signed in 1947.

Historical Context:

Introduced to address unique circumstances surrounding Jammu and Kashmir’s accession to India, Article 370 was considered a provisional arrangement.

Impact and Controversy:

Over time, Article 370 became a contentious issue, leading to debates about its relevance, special provisions, and the constitutional relationship between Jammu and Kashmir and the rest of India. In 2019, the Indian government, led by Prime Minister Narendra Modi, abrogated Article 370, revoking the special status of Jammu and Kashmir. This decision has far-reaching implications for the region and the country at large.

Important Points:
  • Supreme Court Decision:
    • Unanimously upheld the abrogation of Article 370 by the Centre in 2019.
    • Recommended the establishment of a Truth and Reconciliation Commission (TRC) for Jammu & Kashmir.
  • Truth and Reconciliation Commission (TRC): An Overview:
    • Official mechanism to acknowledge and expose wrongdoings.
    • Focuses on historical wrongs rather than ongoing events.
    • Engages directly with the affected population.
    • Operates as a temporary body with a defined lifespan.
    • Officially authorized by the state under review.
  • Objectives of TRC:
    • Concentrates on historical wrongs over a specified period.
    • Gathers information on the experiences related to specified events.
    • Operates as a temporary body, aiming to conclude with a final report.
    • Empowered by the state under review, functioning with consent and support.
  • Nations with Established TRCs:
    • South Africa: TRC post-apartheid in 1995.
    • Australia and Canada: Acknowledged for their truth commissions.
    • India’s Neighborhood: Sri Lanka and Nepal have instituted truth commissions.
  • Significance of TRCs:
    • Facilitates truth-telling and acknowledges past injustices.
    • Fosters reconciliation in societies with significant historical trauma.
  • Article 370: Special Status for Jammu and Kashmir:
    • Conferred special status on Jammu and Kashmir.
    • Framed in 1949 as a ‘temporary provision’ by N Gopalaswami Ayyangar.
    • Key provisions included its temporary nature and autonomy, except in specific areas.
  • Instrument of Accession:
    • Rooted in the terms of the Instrument of Accession signed in 1947.
    • Hari Singh, the ruler of Jammu and Kashmir, signed the instrument to accede to India following an invasion by Pakistan.
  • Historical Context of Article 370:
    • Introduced to address unique circumstances surrounding Jammu and Kashmir’s accession to India.
    • Considered a provisional arrangement.
  • Impact and Controversy of Article 370:
    • Became a contentious issue over time.
    • Debates about its relevance, special provisions, and constitutional relationship.
  • Abrogation of Article 370 (2019):
    • Significant step by the Indian government led by Prime Minister Narendra Modi.
    • Revoked the special status of Jammu and Kashmir.
Why In News

Recently, the Supreme Court unanimously upheld the abrogation of Article 370 by the Centre in 2019 and also recommended setting up a Truth and Reconciliation Commission (TRC) to look into alleged violations of human rights by both state and non-state actors in Jammu & Kashmir, emphasizing the importance of fostering lasting peace and justice in the region.

MCQs about Supreme Court Validates Article 370 Abrogation: Spotlight on TRC for Jammu & Kashmir

  1. What is the primary focus of a Truth and Reconciliation Commission (TRC)?
    A. Investigating ongoing events
    B. Acknowledging and exposing historical wrongdoings
    C. Engaging only with government officials
    D. Operating indefinitely
    Correct Answer: B. Acknowledging and exposing historical wrongdoings
    Explanation: The TRC primarily focuses on historical injustices rather than ongoing events, aiming to acknowledge and expose past wrongdoings.
  2. In which country did the establishment of a Truth and Reconciliation Commission play a significant role in uncovering human rights violations post-apartheid?
    A. India
    B. South Africa
    C. Canada
    D. Nepal
    Correct Answer: B. South Africa
    Explanation: South Africa established a TRC in 1995 post-apartheid to uncover human rights violations during the apartheid era.
  3. What was the key objective behind introducing Article 370 in the Indian Constitution?
    A. Permanent autonomy for Jammu and Kashmir
    B. Providing special status until a final resolution was reached
    C. Exclusively addressing ongoing events
    D. Allowing foreign affairs autonomy to Jammu and Kashmir
    Correct Answer: B. Providing special status until a final resolution was reached
    Explanation: Article 370 was included as a temporary measure, intending to provide special status until a final resolution was reached.
  4. What was the outcome of the Indian government’s action in 2019 regarding Article 370?
    A. Strengthened the special status of Jammu and Kashmir
    B. Established a permanent Truth and Reconciliation Commission
    C. Revoked the special status of Jammu and Kashmir
    D. Increased the autonomy of Jammu and Kashmir in defense matters
    Correct Answer: C. Revoked the special status of Jammu and Kashmir
    Explanation: In 2019, the Indian government abrogated Article 370, thereby revoking the special status of Jammu and Kashmir.

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