Five years after the historic decision to revoke Article 370, which granted special status to Jammu and Kashmir, the region continues to experience significant changes. This move, aimed at fully integrating Jammu and Kashmir with the rest of India, has led to a mix of progress and challenges. While the government highlights developments in infrastructure, governance, and investment, there are ongoing debates about the impact on local identity, political representation, and security. As the region navigates this new phase, the long-term effects of this decision remain a topic of discussion and analysis.
Tags: GS Paper – 2, Federalism– Cooperative Federalism– Constitutional Amendments– Centre-State Relations
Context:
- On 5th August 2019, India made a significant constitutional change regarding the status of Jammu and Kashmir (J&K) by abrogating Articles 370 and 35A.
- This move has had profound implications for the region and its relations with Pakistan.
Article 370 of the Constitution of India:
- About Article 370:
- Article 370 was added to the Indian Constitution on October 17, 1949, as a ‘temporary provision.’
- It exempted Jammu & Kashmir (J&K) from the Indian Constitution, allowing it to draft its own Constitution and limiting the Indian Parliament’s legislative authority in the state.
- This article was introduced into the draft constitution by N. Gopalaswami Ayyangar as Article 306A.
- Provisions Under Article 370:
- The Constituent Assembly of Jammu & Kashmir had the authority to decide which articles of the Indian Constitution would apply to the state.
- The J&K Constituent Assembly was dissolved after completing the drafting of the state’s constitution.
- Presidential Powers:
- Clause 3 of Article 370 grants the President of India the power to amend its provisions and scope.
Article 35A:
- Origin: Article 35A derives from Article 370 and was introduced through a Presidential Order in 1954, based on the recommendation of the J&K Constituent Assembly.
- Provisions: It authorises the Jammu & Kashmir legislature to define permanent residents of the state and their special rights and privileges.
- Modifications on 5th August 2019:
- Presidential Order: The President of India used the powers granted by Clause (1) of Article 370 to issue the Constitution (Application to Jammu and Kashmir) Order, 2019.
- Impact: This order allowed the Government of India to modify Article 370 itself (rather than revoking it).
The Aftermath of Abrogation of Article 370:
- India’s Definite Stand on J&K’s Status
- Clarified Relationship: By removing ambiguity about J&K’s relationship with India, Delhi has firmly ended the notion that the region’s status is open-ended or negotiable.
- Established Stance: This action clearly states that J&K is an integral part of India and is not up for discussion.
- Global Influence: Strengthening partnerships with Western nations has reduced the efforts by Pakistan and China to internationalise the Kashmir issue, making it less prominent globally.
- Persistent Bilateral Conflict: Despite these changes, the Kashmir issue remains relevant in the bilateral conflict between India and Pakistan.
- Continued Cross-Border Tensions
- Pakistan’s Meddling: Pakistan’s capacity to interfere in Kashmir remains unchanged despite the constitutional change.
- Increased Terrorism: There has been a surge in cross-border terrorism, especially since Narendra Modi’s third term as Prime Minister, highlighting the ongoing threat.
- Legal vs. Practical Reality: Delhi is aware of the gap between legal formalism on Kashmir and the practical reality of Pakistan’s continued interference.
- Political Gains and Persistent Challenges
- Electoral Success: Post-abrogation of Article 370, parliamentary elections in Kashmir have shown significant political gains for Delhi.
- Continued Separatism: However, separatist sentiments persist, indicating ongoing challenges.
- Domestic Tasks: Delhi must remain vigilant as substantial domestic tasks in Kashmir remain.
- Global Impact: India has reduced the global prominence of the Kashmir issue, but it still poses challenges requiring careful management.
What are the developments and initiatives in Jammu & Kashmir (J&K):
- Development Projects:
- Infrastructure Improvements: The government has launched numerous development projects focusing on road and rail connectivity, health and education infrastructure, tourism promotion, and youth empowerment.
- Prime Minister’s Development Package (PMDP): 54 projects have been sanctioned under the PMDP to enhance various sectors in J&K.
- Central Government Schemes: Implementation of flagship schemes such as Ayushman Bharat, Ujjwala Yojana, PM Kisan Samman Nidhi, and PM Awas Yojana.
- Under Ayushman Bharat, over 21 lakh beneficiaries have been registered, and more than 1.5 lakh have received free treatment in J&K.
- Tourism and Investment Promotion:
- Hosted the G20 Tourism Working Group meeting in Srinagar, marking the first significant international event aimed at integrating J&K with global and national networks.
- Conducted other business meetings and a Global Investors Summit in June 2022 with participation from over 200 domestic and foreign companies, showcasing investment opportunities in sectors like agriculture, horticulture, handicrafts, tourism, IT, and renewable energy.
- Political Reforms:
- Grassroots Democracy: Conducted the first-ever District Development Council (DDC) elections in December 2020 with a voter turnout of 51.42%.
- Legislative Amendments: Amended the Jammu and Kashmir Panchayati Raj Act, 1989 to include reservations for women, scheduled castes, scheduled tribes, and backward classes in panchayats.
- Delimitation Process: Initiated the process to redraw assembly and parliamentary constituencies based on the latest census data.
- Security Measures:
- Counter-Terrorism: Eliminated more than 800 terrorists and arrested over 5,000 overground workers of terrorist outfits in the last four years.
Developments in the UT of Ladakh:
- Infrastructure:
- Zojila Tunnel: Accelerated work on the Zojila tunnel to provide all-weather connectivity between Srinagar and Leh.
- Leh Airport Expansion: Increased passenger capacity and facilitated more flights to and from Ladakh.
- Telecommunication Network: Improved by laying fibre-optic cables and installing solar-powered towers to ensure internet and mobile services in remote villages.
- Education:
- Skill Development: Provided employment-oriented training to over 75,000 youths in Ladakh.
- Educational Institutions: Established one new medical college, one engineering college, and one National Skill Training Institute in Ladakh.
- Health:
- AIIMS-like Institutes: Set up two new AIIMS-like institutes in Leh and Kargil.
- Health Insurance Scheme: Launched under Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) for all residents of Ladakh.
- Employment:
- Tourism and Adventure Sports: Promoted by easing travel restrictions and offering incentives to tourists and operators.
- Organic Farming and Horticulture: Developed by providing subsidies and market linkages to farmers and cooperatives.
- Governance:
- Hill Council for Kargil: Constituted to ensure local representation and autonomy.
- Local Elections: Held for panchayats and urban local bodies to promote grassroots democracy
Challenges Faced by the Union Territory of Jammu & Kashmir (J&K):
- Rise in Targeted Killings:
- Increased Violence: There has been a notable rise in targeted killings, particularly of Kashmiri Hindus and non-Kashmiris (migrant labourers).
- Recent Statistics: Over 50% of civilian killings since August 5, 2019, occurred in the past eight months.
- Weaponry: Small weapons have been dropped by low-cost drones from across the border, used in these attacks.
- Crimes Against Women and Children: There is an upward trend in crimes against women and children.
- Detentions and Suppression of Opinion:
- Preventive Detentions: Over 5,000 individuals were detained to prevent protests against the abrogation actions of August 5 and 9, 2019.
- Restriction on Expression: Journalists and human rights defenders have been imprisoned for expressing dissenting opinions.
- Resurgence of Militancy:
- Reemergence in Pir Panjal: Militancy has resurfaced in the Pir Panjal region, which had seen a decline over the past 15 years.
- Increased Casualties: There has been a significant rise in casualties among CRPF troops since 2019.
- Suppression of Political Voices:
- House Arrests: Political leaders in J&K have been subject to occasional house arrests for several years, particularly around the anniversary of the revocation of Article 370.
- Prohibition on Protests: Leaders are denied permission to protest peacefully, and their offices are frequently sealed.
- Economic Issues: Land alienation, cessation of cross-border trade, and the decline of local businesses continue to be significant issues.
- Election Delays: Legislative elections have been postponed for five years since the abrogation of Article 370.
- Unemployment and Corruption:
- High Unemployment Rate: The unemployment rate is alarmingly high at 23.1%, significantly above the national average.
- Job Placements: While some government job placements have occurred, many vacancies remain unfilled.
Challenges Faced by the Union Territory of Ladakh:
- Border Disputes:
- Conflict with China: Ladakh shares disputed borders with Pakistan and China. The 2020 clash in the Galwan Valley with China was volatile and raised concerns about regional peace and security.
- Restrictions on Herding: Indian cattle herders face restrictions by Chinese forces near the Line of Actual Control (LAC) until the border dispute is resolved.
- Development Gap:
- Infrastructure and Services:. Issues include poor connectivity, low literacy rates, high mortality, limited opportunities, and weak institutions.
Concerns Arising After UT Formation:
- Four-Point Agenda: Leading organisations like the Kargil Democratic Alliance and Ladakh Buddhist Association demand:
- Statehood for Ladakh, with an elected Assembly.
- Safeguards under the Sixth Schedule of the Constitution to protect Ladakh’s environment and indigenous rights.
- Job reservations for Ladakh’s youth.
- Creation of separate parliamentary constituencies for Leh and Kargil.
- Statehood Demand: Ladakh’s residents have been demanding full statehood, feeling that UT status does not offer sufficient autonomy or representation and fearing demographic changes and cultural erosion.
- Regional Divide: Leh (predominantly Buddhist) and Kargil (predominantly Muslim) have different religious, ethnic, linguistic compositions, and political aspirations.
- Cultural Identity: Ladakh has a distinct cultural identity influenced by Tibetan, Balti, Dardic, Mongoloid, and Indo-Aryan elements. There is a strong desire to preserve and promote this cultural heritage amid modernization.
- Local Protests: Sonam Wangchuk, a Ladakhi engineer and educator, has protested for greater autonomy and regional demands, accusing the LG of Ladakh of favouring J&K’s status over Ladakh’s needs.
Recommended Approach for Navigating the Post-Abrogation Landscape in Jammu and Kashmir and Ladakh
- Restoring Normalcy and Trust:
- Rebuild Trust: Implement measures to restore normalcy and build trust among the local population.
- Release Detainees: Free political detainees and foster an environment conducive to dialogue.
- Engage Local Leaders: Actively engage with local leaders and communities to address grievances and promote reconciliation.
- Inclusive Governance and Participation:
- Promote Inclusivity: Ensure governance structures reflect the diverse aspirations of the region’s inhabitants.
- Conduct Local Elections: Expedite local elections to empower regional political platforms and enhance grassroots democracy.
- Economic Development and Investment:
- Drive Economic Growth: Focus on economic development through infrastructure projects, tourism, and technology advancements.
- Special Economic Zones: Establish special economic zones, provide incentives for investment, and support small and medium-sized enterprises (SMEs).
- Strengthening Security and Peace:
- Ensure Stability: Prioritise security and stability to create a conducive environment for development.
- Counter Insurgency: Intensify efforts to counter insurgency and strengthen local law enforcement agencies.
- Respecting Cultural Diversity:
- Acknowledge Diversity: Recognize and respect the cultural and ethnic diversity of the regions.
- Preserve Culture: Take measures to preserve cultural heritage while balancing regional interests.
- Infrastructure and Connectivity:
- Enhance Connectivity: Develop and improve connectivity for trade and tourism.
- Boost Digital Infrastructure: Invest in digital infrastructure, education, and business development to foster growth.
- International Diplomacy:
- Manage External Perceptions: Clearly communicate India’s stance on the issues to manage international perceptions effectively.
- Address Border Disputes: Engage in diplomatic efforts to resolve border disputes and strengthen relations with neighbouring countries.
UPSC Civil Services Examination Previous Year’s Question (PYQs)
Prelims:
Q:1 Siachen Glacier is situated to the (2020)
- East of Aksai Chin
- East of Leh
- North of Gilgit
- North of Nubra Valley
Ans: (d)
Mains:
Q:1 To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss The future prospects of this provision in the context of Indian polity. (2016)
Q:2 Analyze internal security threats and transborder crimes along Myanmar, Bangladesh and Pakistan borders including Line of Control (LoC). Also discuss the role played by various security forces in this regard. (2020)
Q:3 The banning of ‘Jamaat-e-islaami’ in Jammu and Kashmir brought into focus the role of over-ground workers (OGWs) in assisting terrorist organisations. Examine the role played by OGWs in assisting terrorist organisations in insurgency affected areas. Discuss measures to neutralise the influence of OGWs. (2019)
Q:4 The states of Jammu and Kashmir, Himachal Pradesh and Uttarakhand are reaching the limits of their ecological carrying capacity due to tourism. Critically evaluate. (2015)
Source: IE
FAQs
Q: What was Article 370?
- Answer: Article 370 was a provision in the Indian Constitution that granted special status to the region of Jammu and Kashmir. It allowed the state to have its own constitution, laws, and autonomy over many aspects except defense, foreign affairs, and communication.
Q: Why was Article 370 removed?
- Answer: The Indian government removed Article 370 in August 2019 to integrate Jammu and Kashmir more fully into India. The move was intended to bring uniform laws across the country, promote development, and improve governance in the region.
Q: What changes have occurred in Jammu and Kashmir since Article 370 was removed?
- Answer: Since the removal of Article 370, Jammu and Kashmir has been reorganized into two Union Territories—Jammu & Kashmir and Ladakh. The region has seen increased government investments, infrastructure projects, and efforts to boost tourism and economic development.
Q: How have people in Jammu and Kashmir reacted to the removal of Article 370?
- Answer: Reactions have been mixed. Some people support the move, hoping it will bring more opportunities and development, while others have concerns about losing their special status and cultural identity. There have also been tensions and unrest in certain areas.
Q: What is the current situation in Jammu and Kashmir five years after the end of Article 370?
- Answer: Five years later, the region is still undergoing changes. While there have been improvements in infrastructure and governance, challenges remain, including security issues and the need for continued economic development. The situation is evolving as both the government and local communities adjust to the new realities.
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