Jammu & Kashmir | Indian Polity for UPSC CSE PDF Download

Introduction

• Jammu and Kashmir was a state in India, located at the northern tip of the country. It is now a Union Territory. The state was ruled by a Maharaja and shares borders with three countries: Afghanistan, Pakistan, and China. 
• After India gained independence, both India and Pakistan claimed different parts of Jammu and Kashmir. Most of the original state remains with India today. 
• The people of Jammu and Kashmir used to live under different laws and regulations compared to the rest of India. This included special rules about citizenship, property ownership, and fundamental rights. 

Purpose of the Special Status given to J&K

•  In 1947, Hari Singh, the last king of the princely state of Jammu and Kashmir, agreed to join India by signing the “Instrument of Accession” on October 26. Initially, Hari Singh wanted his state to remain independent, but he chose to ally with India after his territory was invaded by Pakistani forces and tribal militants, and India offered assistance in return for accession. 
• Under the “Instrument of Accession,” only specific powers—defence, external affairs, and communications—were transferred to the Indian government. This arrangement was unique to Jammu and Kashmir and differed from the agreements made by the other 565 princely states that joined India more fully. At the time of accession, Sheikh Abdullah, the leader of the National Conference party in Jammu and Kashmir, supported the decision, believing that the people of Kashmir would be better off in a secular and democratic India rather than an Islamic state like Pakistan.
• In 1949, Hari Singh appointed Sheikh Abdullah as the Prime Minister of Jammu and Kashmir. Abdullah then worked with the Indian Constituent Assembly to negotiate a special status for the state, leading to the establishment of Article 370, which highlighted Jammu and Kashmir’s autonomy within India. However, by 1953, tensions arose between Prime Minister Jawaharlal Nehru and Sheikh Abdullah’s government, resulting in Abdullah’s dismissal and imprisonment.
•  Over the following decades, Article 370 was gradually weakened by the central government, with an increasing number of central laws being applied to Jammu and Kashmir. 

Features of the Special Status of Jammu & Kashmir 

• Separate Constitution: Jammu and Kashmir has its own constitution in addition to the Indian constitution. 
• Dual Citizenship: Residents have dual citizenship - one for Jammu and Kashmir and another for India. 
• Residual Power: The residual power rests with the Jammu and Kashmir legislature, not the Indian Parliament. 
• Legislative Consent: The Indian Parliament needs the state's consent to apply laws, except for defense, foreign affairs, finance, and communications. 
• National Emergency:. national emergency due to war or external aggression automatically applies to the state. However, one due to military rebellion does not. 
• Governor Appointment: The Governor of Jammu and Kashmir is appointed after consulting the Chief Minister. 
• Fiscal Emergency:. fiscal emergency under Article 360 cannot be imposed on the state. 
• Directive Principles and Fundamental Duties: These are not applicable to Jammu and Kashmir. 
• Governor's Rule: Governor's rule can be imposed for a maximum of six months, in addition to President's rule. 
• Preventive Detention Laws: These laws do not automatically apply to the state as per Article 22 of the Indian constitution. 
• Name and Territory Changes: The name, boundary, or territory of Jammu and Kashmir cannot be changed by Parliament without the state legislature's consent. 
• Right to Property: The Right to Property is guaranteed to the people of Jammu and Kashmir, as Articles 19(i)(f) and 31(2) are not revoked. 

Article 370 of the Constitution of India

Article 370 was incorporated into the Indian Constitution on October 17, 1949, as a temporary provision. This article exempted Jammu and Kashmir from the Indian Constitution, allowing the state to draft its own constitution and restricting the legislative powers of the Indian Parliament in the region.
Essentially, Article 370 granted special status to Jammu and Kashmir, empowering its legislature to make laws on all matters except for defence, finance, communications, and external affairs. As a result, Jammu and Kashmir had its own constitution, flag, and penal code.

Abolition of Article 370 and the Revocation of the Special Status of Jammu & Kashmir

The process of abolishing Article 370 and revoking the special status of Jammu and Kashmir involved several key steps:

• President’s Rule: After the end of the governor's rule in Jammu and Kashmir, the President of India declared President's Rule in the state. 
• Legislative Powers: Under Article 356 (1) (b) of the Constitution, the President proclaimed that the legislative powers of Jammu and Kashmir would be exercised by the Parliament of India. This effectively gave the Indian Parliament the authority to legislate for the state. 
• Presidential Order: The President issued a presidential order under Article 370 (1) of the Constitution. This article allows the President to define matters related to Jammu and Kashmir in concurrence with the state government. The order also involved a modification of Article 367. 
• Amendment of Article 367: Article 367 provides guidelines for interpreting certain provisions of the Constitution. The amendment clarified that the phrase "Constituent Assembly of the State" in Article 370 (3) should be read as "Legislative Assembly of the State." 
• Revisions of Article 370 (3): Article 370 (3) originally required the concurrence of the Constituent Assembly of Jammu and Kashmir to amend Article 370. With the modification, the article can now be amended with the suggestion of the state legislature. 
• Triggering the Legislative Resolution: The government's use of its powers under Article 370 (1) to amend Article 367, which in turn modified Article 370 (3), triggered the legislative resolution for the repeal of Article 370. 
• Consideration of the Governor’s Concurrence: Since Jammu and Kashmir was under President's Rule at the time, the concurrence of the Governor was considered as the concurrence of the "Jammu and Kashmir government." 

Jammu and Kashmir - Before and After the Abolition of Article 370 

• Special status: Jammu and Kashmir had a special status under Article 370, which granted it a high degree of autonomy. 
• Dual Citizenship: Residents of Jammu and Kashmir held dual citizenship, belonging to both India and Jammu and Kashmir. 
• Separate Flag: Jammu and Kashmir had its own separate flag in addition to the national flag. 
• Right to Information Act: The Right to Information Act was not applicable in Jammu and Kashmir. 
• Right to Education: The Right to Education was not applicable in Jammu and Kashmir earlier. 
• Property Ownership: Citizens from other parts of India were not allowed to buy property within Jammu and Kashmir. 

J&K, after the abolition of Article 370:

• No Special Status: After the abolition of Article 370, Jammu and Kashmir no longer had special status and was treated like any other Indian state.
• Single Citizenship: Residents of Jammu and Kashmir now hold single citizenship of India.
• No Separate Flag: The separate flag of Jammu and Kashmir was abolished, and only the national flag is used.
• Right to Information Act: The Right to Information Act became applicable in Jammu and Kashmir.
• Right to Education: The Right to Education is now applicable in Jammu and Kashmir. 
• Property Ownership: Citizens from other parts of India are now allowed to buy property within Jammu and Kashmir.

Jammu and Kashmir is located to the north of the Indian states of Himachal Pradesh and Punjab, and to the west of Ladakh, which is also a disputed region within Kashmir and governed by India as a union territory. Parts of Jammu and Kashmir have been contested by India and Pakistan since 1947, and by India and China since 1962.

• The Line of Control separates Jammu and Kashmir from the Pakistani-administered regions of Azad Kashmir and Gilgit-Baltistan to the west and north. 
• Ongoing unrest and violence in the Kashmir valley led to a protracted uprising following a disputed state election in 1987, with demands for greater autonomy and rights. 
•  In August 2019, the Indian Parliament enacted a resolution to abolish Article 370, which granted special status to Jammu and Kashmir. his was followed by the Jammu and Kashmir Reorganization Act, which dissolved the state and restructured it into two union territories: Jammu and Kashmir (in the west) and Ladakh (in the east). 
• This reorganization came into effect on October 31, 2019, a date now observed as National Unity Day. The move also abrogated Article 35A, which allowed Jammu and Kashmir to define its 'permanent residents' and the associated rights and privileges. 
• Currently, the union territory of Jammu and Kashmir is governed under Article 239 of the Indian Constitution, with provisions similar to those initially designed for the union territory of Puducherry. 
• The Jammu and Kashmir High Court, which also serves as the high court for Ladakh, oversees the legal matters in both union territories. 
• Presently, Jammu and Kashmir is allocated 5 Lok Sabha seats and 4 Rajya Sabha seats. The reorganization bill proposed a legislature for the union territory of Jammu and Kashmir, while suggesting that Ladakh would not have its own legislature. 

Conclusion

The first step towards resolving the Kashmir issue is to address the underlying causes of alienation in the region.
Some of these causes include: 

• Mismanagement of the Kashmir issue by successive central governments in India, including the frequent dismissal of state assemblies.
• Failure of state governments in Kashmir to distribute the benefits of growth and development equitably across the region.
• Influence of terrorist and military groups in Pakistan that have been distancing the youth of Kashmir from the democratic framework of the Indian government.
• Continuous presence of the Indian Armed Forces and Central Armed Police Forces (CAPF) in the interiors of Kashmir, along with the improper use of provisions like the Armed Forces Special Powers Act (AFSPA).
• There is an urgent need for the appropriate integration of Kashmir, Jammu, and Ladakh with India. However, inclusion should not be viewed merely in terms of territory; it is essential to win the hearts and minds of the people of Kashmir.
• Kashmir has always been and continues to be an integral part of India, with a diverse and secular culture akin to the rest of the country. Immediate measures are necessary to bridge the trust deficit among the youth of Kashmir.
• All Kashmiris should receive their fair share in India’s growth story, and like other states, Jammu and Kashmir should be afforded adequate political autonomy.