After reading this article you can answer this UPSC Mains model question:
The restoration of statehood to Jammu & Kashmir is not merely a political demand but a constitutional imperative rooted in the principles of federalism, democratic accountability, and representative governance. Discuss in the light of recent developments and the Supreme Court’s judgment on Article 370. 15 Marks (GS 2, Polity and Governance)
Context
Nearly seven years after the abrogation of Article 370 and Article 35A (5 August 2019), the demand for restoring statehood to Jammu & Kashmir has resurfaced. Despite Assembly elections, its continued Union Territory status has reignited debates on federalism, democratic representation, and constitutional governance.
Introduction
- Since Independence, Jammu & Kashmir enjoyed special constitutional status under Article 370, which was revoked by the Jammu and Kashmir Reorganisation Act, 2019, bifurcating the erstwhile state into the Union Territories of Jammu & Kashmir and Ladakh.
- In Re: Article 370 (2023), the Supreme Court upheld the abrogation while directing the Union Government to restore statehood at the earliest, keeping the debate on federalism, democratic representation, and regional autonomy alive.
Historical Background
1. Accession to India (1947)
- Maharaja Hari Singh signed the Instrument of Accession on 26 October 1947, making Jammu & Kashmir a part of India amid the tribal invasion backed by Pakistan.
- The accession initially covered Defence, Foreign Affairs, and Communications, while internal autonomy was largely retained.
2. Article 370
- Article 370 granted Jammu & Kashmir a special constitutional status, reflecting its unique historical and political circumstances.
- It enabled the State to have its own Constitution, separate flag, and greater legislative autonomy, with many Union laws requiring the State’s concurrence.
3. Article 35A (1954 Presidential Order)
- Introduced through a Presidential Order, Article 35A empowered the J&K Legislature to define ‘permanent residents’ of the State.
- It granted them exclusive rights over land ownership, government employment, scholarships, and settlement, aiming to protect the region’s demographic and socio-cultural identity.
Present Status
1. Constitutional Reorganisation (2019): On 5 August 2019, the Union Government abrogated Article 370, removed Article 35A, and enacted the Jammu and Kashmir Reorganisation Act, 2019.
2. Creation of Two Union Territories: The erstwhile State was bifurcated into the Union Territory of Jammu & Kashmir (with a Legislature) and the Union Territory of Ladakh (without a Legislature).
3. Restoration of Electoral Process: Legislative Assembly elections have been conducted, restoring an elected government after several years of Central rule.
4. Limited Powers of the Elected Government: Key subjects such as Public Order, Police, and Land remain under the Lieutenant Governor, limiting the autonomy of the elected government.
5. Pending Restoration of Statehood: Despite repeated assurances and the Supreme Court’s direction to restore statehood “at the earliest,” Jammu & Kashmir continues as a Union Territory, fuelling debates on federalism and democratic governance.
Why is Statehood Restoration Important?
1. Strengthening Democratic Governance: Statehood ensures that elected representatives exercise real executive authority, making governance more democratic and accountable.
2. Upholding Constitutional Federalism: Restoring statehood reinforces India’s federal structure, recognised as part of the Constitution’s Basic Structure by the Supreme Court.
3. Promoting Constitutional Morality: It reflects the constitutional values of representative government, democratic participation, and the rule of law.
4. Enhancing Democratic Accountability: A full-fledged state government is directly answerable to the legislature and citizens, ensuring greater public oversight.
5. Improving Administrative Efficiency: Statehood enables locally elected governments to respond more effectively to regional needs, development priorities, and governance challenges.
6. Fostering Political Stability: Restoration of statehood can strengthen public trust, encourage political participation, and improve Centre–State relations.
Challenges Delaying Statehood
1. Security Concerns: The Union Government cites the need to maintain effective control over law and order and counter-terrorism before restoring full statehood.
2. Pakistan-Sponsored Terrorism: Persistent challenges such as cross-border infiltration, hybrid terrorism, drone-based smuggling, and the narcotics-terror nexus continue to threaten regional stability.
3. Strategic Border Management: Jammu & Kashmir’s proximity to Pakistan and China makes national security and border management a key consideration in governance.
4. Political and Constitutional Issues: Differences over delimitation, regional representation, and the post-2019 constitutional framework continue to delay political consensus.
5. Stable Governance and Institutional Readiness: The Centre argues that restoring statehood requires a stable security environment, effective institutions, and sustained democratic functioning to ensure long-term peace and governance.
Constitutional and Legal Dimensions
Article 1: J&K remains an integral part of India.
Article 3: Parliament has power to
- Create States
- Alter boundaries
- Change names
- Convert Union Territories into States
Article 239: Union Territories are administered by the President through the Lieutenant Governor.
Jammu & Kashmir Reorganisation Act, 2019
Provides legal framework for:
- Creation of two UTs
- Distribution of powers
Supreme Court Judgment (2023)
In Re: Article 370 (2023), the Supreme Court:
- Upheld the constitutional validity of the abrogation of Article 370.
- Held that Article 370 was a temporary provision.
- Directed the Union Government to restore statehood to Jammu & Kashmir at the earliest (excluding Ladakh).
- Directed timely conduct of elections to the Legislative Assembly.
Government Initiatives in Jammu & Kashmir
1. Prime Minister’s Development Package (PMDP): Focuses on improving infrastructure, connectivity, healthcare, education, and power to accelerate socio-economic development.
2. Industrial Development and Investment: The Industrial Development Scheme, 2021 provides incentives to attract private investment, promote industries, and create employment.
3. Digital and Basic Infrastructure: Expansion of BharatNet and implementation of the Jal Jeevan Mission aim to improve digital connectivity and ensure safe drinking water.
4. Grassroots Governance: The Government has strengthened Panchayati Raj Institutions to deepen decentralisation and improve local participation in governance.
5. Tourism and Border Area Development: Through the Swadesh Darshan Scheme, Border Area Development Programme (BADP), and Smart City Mission (Srinagar), the Centre seeks to boost tourism, modernise urban infrastructure, and promote balanced regional development.
Way Forward
1. Time-bound Restoration of Statehood: Implement the Supreme Court’s direction by announcing a clear roadmap for restoring full statehood to Jammu & Kashmir.
2. Balance Security with Democratic Governance: Adopt a calibrated approach that safeguards national security while progressively transferring powers to the elected government.
3. Strengthen Cooperative Federalism: Foster regular consultation between the Union and the J&K government through institutional mechanisms and the Inter-State Council framework.
4. Deepen Grassroots Democracy: Empower Panchayati Raj Institutions and Urban Local Bodies with greater financial and functional autonomy.
5. Promote Inclusive Development; Focus on employment generation, tourism, horticulture, handicrafts, MSMEs, education, healthcare, and digital infrastructure to address socio-economic grievances.
Conclusion
Statehood restoration for Jammu & Kashmir is not merely an administrative decision but a constitutional commitment to federalism, democracy, and accountable governance. A balanced approach that combines strong security, timely restoration of statehood, inclusive development, and cooperative federalism will strengthen both national unity and democratic values