[12th October 2024] The Hindu Op-ed: With elections done and dusted, J&K now must return to statehood

PYQ Relevance:

Q) The political and administrative reorganization of states and territories has heen a continuous ongoing process since the mid-nineteenth century. Discuss with examples. (UPSC CSE 2022)
Q) 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. (UPSC CSE 2016)

Mentor’s Comment: The first assembly election of Jammu and Kashmir (2024), after the revocation of Article 370, represents a pivotal moment in the region’s political landscape. Today’s editorial emphasizes the necessity for the central government to acknowledge and respect the present electoral mandate. With the INDIA bloc gaining control, it is a must for the Centre to facilitate the newly elected government in fulfilling its promises, particularly regarding statehood restoration and local governance.

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Let’s learn!

Why in the News?

The 2024 Jammu and Kashmir Legislative Assembly elections marked a significant political event, being the first assembly elections in over a decade and the first since the revocation of the region’s special status under Article 370.

Major observations during the 2024 Assembly Election:

The Election was conducted in three phases and was crucial for restoring democratic processes in a region historically troubled by conflict and political instability.

  • Restoration of Self-Rule: The elections represent a crucial step towards restoring some degree of self-rule in Jammu and Kashmir after the revocation of Article 370 in 2019.
    • It signaled a shift in voter sentiment towards mainstream political parties that advocate for local governance and autonomy. 
    • This outcome could potentially lead to a more representative government that addresses local issues effectively.
  • Voter Participation and Sentiment: The elections witnessed a robust voter turnout of 63.9%, surpassing previous electoral participation, indicating a renewed faith in democratic processes among the electorate.
    • This increased engagement suggests that many citizens are seeking to voice their concerns through legitimate political channels rather than through separatist movements or violence
Overview of Article 370:

Autonomous Status: Article 370 allowed Jammu and Kashmir to have its own constitution, a separate flag, and significant autonomy in internal matters. It limited the Indian Parliament’s power to legislate for the state, requiring state government concurrence for laws beyond defense, foreign affairs, and communications.
Temporary Provision: Drafted in Part XXI of the Constitution, it was intended as a temporary measure until J&K formulated its constitution. The article was meant to ensure that the people of Jammu and Kashmir had a say in their governance.
Instrument of Accession: The article was rooted in the Instrument of Accession signed by Maharaja Hari Singh in 1947, which allowed J&K to join India while retaining certain powers.

What are the challenges expected for the newly formed government?

  • Political Landscape Dynamics: The JKNC’s victory is seen as a rejection of the BJP’s policies and a call for greater local representation. This shift may also influence future electoral strategies and alliances within the region.
  • Central Control: The newly elected assembly will still operate under the oversight of a federally appointed lieutenant governor, limiting its autonomy. Major decisions will require central approval, which could stifle local governance initiatives.
  • Restoration of Article 370: While the regional party JKNC has promised to work towards restoring Article 370, the likelihood of this occurring is uncertain given the central government’s stance.
    • The central government maintains that this constitutional change is irreversible, complicating any efforts to regain previous autonomy.

Key Recommendations for Governance:

  • Accelerate Statehood Restoration: The central government should prioritize restoring Jammu and Kashmir’s statehood to foster political stability.
  • Support Local Governance Initiatives: Empowering local leaders and institutions will enhance democratic engagement and address citizens’ concerns more effectively.
  • Foster Inclusive Dialogue: Engaging with diverse political factions, including those previously marginalized, can help build a more cohesive political framework.

Conclusion: Respecting the electoral mandate is essential not only for upholding democratic values but also for ensuring that citizens feel represented and heard. As new leadership emerges, both local and central governments must work collaboratively towards restoring peace, stability, and governance that reflects the aspirations of all people in Jammu and Kashmir.

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