J&K – The issues around the state
What special status is Ladakh seeking?
Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related Federalism;
Why in the News?
Climate activist Sonam Wangchuk was detained at the Delhi border on Monday night while leading a group of protesters seeking to petition the Central government for Ladakh’s inclusion in the Sixth Schedule of the Constitution, along with other demands for greater autonomy for the region.
What is Asymmetrical federalism?
- Asymmetrical federalism refers to a system where some regions or states within a country have more autonomy or special provisions than others. This contrasts with symmetrical federalism, where all states or regions have equal powers.
- Example in India: The Indian Constitution follows asymmetrical federalism, where certain regions like those under the Fifth and Sixth Schedules or specific northeastern states have special provisions and greater autonomy compared to other states.
Which are the other States seeking constitutional safeguards?
- Ladakh: The Union Territory of Ladakh has seen increasing demands for inclusion in the Sixth Schedule of the Constitution to safeguard its indigenous culture and provide greater autonomy.
- Arunachal Pradesh: The state has passed a resolution seeking inclusion in the Sixth Schedule to grant more autonomy to its tribal populations.
- Manipur: The Hill Area Committee in Manipur has also demanded inclusion in the Sixth Schedule for its tribal areas, particularly the ‘Hill areas’.
Do the Fifth and Sixth schedules grant areas under them more autonomy?
- Fifth Schedule: Grants special protections to ‘scheduled areas’ in 10 states. These areas are governed by Tribes Advisory Councils (TACs) and Governors, who have the power to regulate land transfers, businesses, and the applicability of laws.
- Sixth Schedule: Provides greater autonomy to ‘tribal areas’ in four northeastern states (Assam, Meghalaya, Mizoram, and Tripura) through Autonomous District Councils (ADCs).
- ADCs have more legislative, executive, and financial powers, including the ability to regulate land use, social customs, and taxation.
Why did the British create provisions for ‘excluded’ and ‘partially excluded’ areas?
- British Policy of Isolation: To avoid unrest and rebellion among the tribal populations, the British adopted a policy of ‘isolation’ by creating ‘excluded’ and ‘partially excluded’ areas in tribal regions under the Government of India Act, 1935.
- Excluded Areas: These were mostly in the northeastern hilly regions, where the Governor had the authority to legislate.
- Partially Excluded Areas: These included tribal regions in Central and Eastern India, where laws from central and provincial legislatures were applicable but with modifications, ensuring minimal interference with tribal customs and governance.
Conclusion: The government should initiate meaningful consultations with local stakeholders in regions like Ladakh, Arunachal Pradesh, and Manipur to address concerns about cultural preservation and autonomy, ensuring that any constitutional reforms reflect the aspirations of the indigenous populations.
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J&K – The issues around the state
Nature of J&K Assembly
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Jammu and Kashmir;
Mains level: Democratic Governance; Significance of Assembly Election;
Why in the News?
The ongoing first phase of polling for the J&K Assembly significantly marks the first assembly election since 2019’s (Article 370 abrogation), resulting in a fundamentally changed Assembly.
Structural changes made during the J&K Reorganisation Act of 2019:
- Statehood to Union Territory: The Act downgraded Jammu and Kashmir from a state to a Union Territory (UT) with a legislature, while Ladakh became a UT without a legislature.
- Abrogation of Article 370: The special status granted under Article 370 was removed, extending the Indian Constitution and laws to Jammu and Kashmir in their entirety.
Importance of Election in Jammu and Kashmir:
|
Powers of the J&K Assembly:
- Legislative Powers: The J&K Legislative Assembly can make laws on subjects in the State List, except for public order and police, which are under the LG’s jurisdiction. It can also legislate on subjects in the Concurrent List, provided the laws are not repugnant to central legislation.
- Financial Bills: Any financial bill or amendment in J&K requires the prior recommendation of the LG before being introduced in the Assembly. This ensures that significant financial decisions are under the control of the central government.
Powers of the Lieutenant Governor of J&K:
- Discretionary Powers: The LG has the authority to act independently on subjects outside the Assembly’s purview, such as public order, police, bureaucracy, and the Anti-Corruption Bureau.
- Final Authority: The LG’s decisions on whether a subject falls under his discretion are final and cannot be challenged in court. This gives the LG significant control over governance in the UT.
- Appointment Powers: The LG has the power to appoint the Advocate General, law officers, and approve prosecutions, further enhancing his administrative role.
Conclusion: The structural changes in Jammu and Kashmir post-2019 have reshaped its governance, enhancing the Lieutenant Governor’s powers. Elections are essential for restoring democratic representation, ensuring regional participation, and promoting stability after the abrogation of Article 370 and state reorganization.
Mains PYQ:
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 IAS/2016)
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J&K – The issues around the state
Article 370, Article 35A, and J&K’s Statehood
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 370, Article 35A,
Why in the News?
Ahead of assembly elections, many political parties are vowing for restoration of Article 370, Article 35A and Statehood in their manifestoes.
About Articles 370 and 35(A) of the Indian Constitution
[1] Article 370:
| Description | |
| Provision | Granted special autonomous status to the state of Jammu and Kashmir. |
| Nature | Initially intended as a temporary provision, subject to eventual change or abrogation. |
| Powers of State | Allowed J&K to have its own Constitution and autonomy over internal matters except defense, foreign affairs, finance, and communications. |
| Presidential Order | President of India could extend or modify the application of Indian laws to J&K with the concurrence of the state government. |
| Autonomy Details | Provides a degree of autonomy to the state and permits the state to give some special privileges to its “permanent residents”. |
| Emergency Provisions | Emergency provisions are not applicable to the state on the grounds of “internal disturbance” without the concurrence of the State. |
| State Boundaries | Name and boundaries of the State cannot be altered without the consent of its legislature. |
| Separate Institutions | State has its own constitution, a separate flag, and a separate penal code (Ranbir Penal Code). |
| Assembly Duration | Duration of the state’s Assembly is 6 years, unlike five in the rest of India. |
| Parliamentary Jurisdiction |
|
| Abolishment Condition | President may, by public notification, declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State. |
| Abolishment | In August 5, 2019, through a Presidential Order and a resolution passed by the Indian Parliament. |
| Impact of Abrogation |
|
[2] Article 35A:
| Description | |
| Provision | Empowers the J&K legislature to define permanent residents of the state and provide them with special rights and privileges. |
| Insertion | Added to the Constitution through a Presidential Order in 1954. |
| Permanent Residents | Defined by the state as those who were state subjects on May 14, 1954, or have been residents for 10 years, and lawfully acquired immovable property. |
| Special Rights | Permanent residents were given exclusive rights to employment under the state government, acquisition of immovable property in the state, and scholarships. |
| Constitutionality Debate | Debated on the grounds that it was not added via an amendment procedure. |
| Criticism | Criticized for being discriminatory and creating a sense of separation from the rest of India. |
| Revocation | Along with Article 370, Article 35A was effectively nullified on August 5, 2019. |
| PYQ:
[2016] 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. |
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J&K – The issues around the state
Vision J&K @2047
Note4Students
From UPSC perspective, the following things are important :
Mains level: Vision JK @2047
Why in the News?
The Ministry of Personnel, Public Grievances & Pensions has presented the Vision J&K @2047 describing it as an integral part of Vision India @2047.
What is J&K @2047?
- Vision J&K @2047 is a long-term strategic plan for Jammu and Kashmir (J&K).
- It seeks to develop the region into a model of sustainable development, economic growth, and social harmony by the year 2047, coinciding with India’s 100th year of independence.
Key features of Vision J&K @2047:
- Vision J&K @2047 focuses on restoring democratic governance through Assembly elections and establishing Zilla Parishads.
- It aims to enhance infrastructure, create job opportunities, and drive economic development in the region.
- Significant improvements in education and healthcare are planned, along with empowerment initiatives for women and minorities.
- Governance reforms aim to enhance administrative efficiency and reduce bureaucratic hurdles.
- Promotion of local industries and entrepreneurship is a key component to achieve economic self-sufficiency.
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J&K – The issues around the state
[pib] PM marks 5 years of abrogation of Articles 370 and 35(A)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Articles 370 and 35(A)
Why in the News?
The Prime Minister recalled the Parliament’s 5-year-old decision to abrogate Articles 370 and 35(A), calling it a watershed moment.
About Articles 370 and 35(A) of the Indian Constitution
[1] Article 370:
| Description | |
| Provision | Grants special autonomous status to the state of Jammu and Kashmir. |
| Nature | Initially intended as a temporary provision, subject to eventual change or abrogation. |
| Powers of State | Allowed J&K to have its own Constitution and autonomy over internal matters except defense, foreign affairs, finance, and communications. |
| Presidential Order | President of India could extend or modify the application of Indian laws to J&K with the concurrence of the state government. |
| Autonomy Details | Provides a degree of autonomy to the state and permits the state to give some special privileges to its “permanent residents”. |
| Emergency Provisions | Emergency provisions are not applicable to the state on the grounds of “internal disturbance” without the concurrence of the State. |
| State Boundaries | Name and boundaries of the State cannot be altered without the consent of its legislature. |
| Separate Institutions | State has its own constitution, a separate flag, and a separate penal code (Ranbir Penal Code). |
| Assembly Duration | Duration of the state’s Assembly is 6 years, unlike five in the rest of India. |
| Parliamentary Jurisdiction |
|
| Abolishment Condition | President may, by public notification, declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State. |
| Abolishment | In August 5, 2019, through a Presidential Order and a resolution passed by the Indian Parliament. |
| Impact of Abrogation |
|
[2] Article 35A:
| Description | |
| Provision | Empowers the J&K legislature to define permanent residents of the state and provide them with special rights and privileges. |
| Insertion | Added to the Constitution through a Presidential Order in 1954. |
| Permanent Residents | Defined by the state as those who were state subjects on May 14, 1954, or have been residents for 10 years, and lawfully acquired immovable property. |
| Special Rights | Permanent residents were given exclusive rights to employment under the state government, acquisition of immovable property in the state, and scholarships. |
| Constitutionality Debate | Debated on the grounds that it was not added via an amendment procedure. |
| Criticism | Criticized for being discriminatory and creating a sense of separation from the rest of India. |
| Revocation | Along with Article 370, Article 35A was effectively nullified on August 5, 2019. |
PYQ:[2016] 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. |
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J&K – The issues around the state
In 2024, newer districts are affected by militancy in Jammu
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Abrogation of Jammu and Kashmir's special status in August 2019
Mains level: Internal Security; Developments in Militancy (2014-2024)
Why in the News?
An ambush resulted in the deaths of five Indian Army personnel which highlights a worrying trend of increasing violence in Jammu and Kashmir, particularly in the Jammu region.
- This incident marks the fourth terror attack in the state within a span of 48 hours, indicating a surge in militant activities.
Observations on Militancy Leading to Civilian Deaths
- The new wave of terrorism: The region has seen a resurgence of violence after a period of relative peace, with notable incidents such as the June 9 attack on a bus carrying Hindu pilgrims, resulting in nine deaths. This shift in militancy is particularly concerning as it reflects a new wave of terrorism, especially in areas like Rajouri and Poonch, which had previously been stable.
- Changing dynamics of Terrorism: There is a notable transition from foreign terrorists leading attacks to local militants becoming more prominent.
Developments in Militancy (2014-2024)
- Surge in Violence Post-2016: The killing of Hizbul Mujahideen militant Burhan Wani in July 2016 sparked widespread unrest and violence, leading to a resurgence in militant activities. This period saw increased recruitment of local youth into militant ranks, particularly within groups like Lashkar-e-Taiba and Jaish-e-Mohammed.
- Major Attacks: Notable incidents include the 2016 Uri attack, where militants killed 19 soldiers, and the 2019 Pulwama attack, which resulted in the deaths of 40 CRPF personnel. These attacks highlighted the persistent threat posed by organized militant groups.
- Revocation of Article 370: The abrogation of Jammu and Kashmir’s special status in August 2019 led to a significant shift in the political landscape. While the Indian government claimed a reduction in violence, there were still notable attacks, such as the
- Emergence of Hybrid Militancy: A new trend termed “hybrid militancy” has emerged, where individuals engage in militant activities sporadically while maintaining their civilian lives.
- Decline in Active Militants: By the end of 2022, the number of active militants had fallen to just over 100, down from around 250 in 2019. However, the presence of foreign militants has reportedly increased, indicating a shift in the composition of militant forces.
- Increased Counter-Insurgency Operations: The Indian security forces have intensified operations against militants, resulting in the deaths of approximately 750 militants over the last four years, with a significant proportion being local youths.
- Changing Tactics and Technology: Militants have increasingly utilized modern technology, including drones and social media, to coordinate attacks and recruit members, presenting new challenges for security forces.
Way forward:
- Addressing Recruitment Cycles: Government need to make initiatives aimed at preventing youth recruitment into militant groups. This can include educational programs, vocational training, and employment opportunities that provide alternatives to joining militant organizations.
- Enhanced Intelligence and Local Engagement: The need to Strengthen local intelligence networks is crucial to preemptively identify and disrupt militant activities.
Mains PYQ:
Q Analyse the complexity and intensity of terrorism, its causes, linkages and obnoxious nexus. Also suggest measures required to be taken to eradicate the menace of terrorism. (2021)
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J&K – The issues around the state
Ladakh and the Sixth Schedule of the Constitution
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 371A, Sixth Schedule
Mains level: Read the attached story
In the news
- A shutdown and protest rally in Ladakh recently demanded statehood for the newly created Union Territory (UT) and its inclusion in the Sixth Schedule of the Constitution.
- This highlights a broader issue concerning governance and autonomy in the region.
Centre’s Offer to Ladakh Representatives
- Article 371-like Protections: MHA offered to extend Article 371-like protections to Ladakh, addressing concerns raised by the Leh Apex Body (ABL) and the Kargil Democratic Alliance (KDA).
- Exclusion from Sixth Schedule: While acknowledging concerns, the government opts against including Ladakh in the Sixth Schedule, indicating a different approach to address regional issues.
Background: Ladakh’s Governance Post Article 370 Repeal
- Recognition as Union Territory: Post the repeal of Article 370, Ladakh was recognized as a separate Union Territory “without legislature,” akin to UTs like New Delhi and Pondicherry.
- Demand for Sixth Schedule Inclusion: Organizations like ABL and KDA have advocated for Ladakh’s inclusion under the Sixth Schedule, seeking greater autonomy in governance.
What is the Sixth Schedule?
- Article 244 in Part X of the Constitution outlines a special system of administration for designated ‘scheduled areas’ and ‘tribal areas.’
- The Fifth Schedule deals with scheduled areas and tribes in states except Assam, Meghalaya, Tripura, and Mizoram (ATM2).
- The Sixth Schedule focuses on tribal areas in these four northeastern states.
Salient Features of Sixth Schedule:
(1) Autonomous Districts
- Tribal areas are constituted as autonomous districts within the executive authority of the state.
- The governor holds powers to organize and re-organize these districts, including boundary changes and division into autonomous regions.
(2) District and Regional Councils:
- Each district council consists of 30 members, including nominated and elected
- Regional councils also exist within autonomous regions.
- These councils administer areas under their jurisdiction, making laws on specific matters with the governor’s assent.
- They can establish village councils or courts for dispute resolution, with specified jurisdiction over appeals.
- District councils manage various facilities and services within their areas, including education and healthcare.
- They also have the authority to impose taxes and regulate certain activities.
(3) Laws Exemptions and Modifications:
- Acts of Parliament or state legislatures may not apply directly or may apply with modifications.
- The president or governor holds the power of direction in this regard, depending on the region.
(4) Governor’s Authority:
- The governor may appoint a commission to examine and report on matters concerning autonomous districts or regions.
- He/she also has the authority to dissolve a district or regional council based on commission recommendations.
Tribal Areas under Sixth Schedule
- Assam: North Cachar Hills District, Karbi Anglong District, Bodoland Territorial Areas District.
- Meghalaya: Khasi Hills District, Jaintia Hills District, Garo Hills District.
- Tripura: Tripura Tribal Areas District.
- Mizoram: Chakma District, Mara District, Lai District.
Reasons for such Demands in Ladakh
- Cultural Autonomy: Tribes in Assam, Meghalaya, Tripura, and Mizoram maintain distinct cultures, customs, and civilizations. Unlike tribes in other parts of India, they have not assimilated much with the majority population.
- Meeting tribal aspiration: The Parliamentary standing committee recommended including of Ladakh in the Sixth Schedule because its tribal communities account for 79.61% of its total population.
- Autonomy and self-governance: Extending the Sixth Schedule to Ladakh could provide greater autonomy and self-governance to the local tribal communities.
- Cultural preservation: It could also help to protect the unique cultural identity of the local communities and preserve their traditional practices and customs.
Challenges posed by this demand
- Fragmentation: The demand to extend the Sixth Schedule to Ladakh has faced some opposition from certain quarters, who argue that it could lead to further fragmentation of the region and create new administrative challenges.
- Losing political capital: There are also concerns over the potential impact of the demand on the political and administrative structure of the region.
Conclusion
- While stopping short of Sixth Schedule inclusion, MHA’s move demonstrates a commitment to balancing local autonomy with national governance priorities.
- If implemented, it would mark the first instance of special provisions being introduced for a Union Territory, potentially setting a precedent for future governance arrangements in such regions.
Try this PYQ from CSE Prelim 2015:
Q.The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made to:
(a) Protect the interests of Scheduled Tribes
(b) Determine the boundaries between states
(c) Determine the powers, authorities, and responsibilities of Panchayats
(d) Protect the interests of all the Border States
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J&K – The issues around the state
What is Ladakh’s demand on Gilgit-Baltistan?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ladakh, Gilgit Baltistan
Mains level: Read the attached story
Introduction
- The socio-political landscape of Ladakh is witnessing ongoing dialogues and demands on Gilgit-Baltistan, primarily presented by the Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA) to the Ministry of Home Affairs (MHA).
- The demands encompass a range of issues, including territorial control expansion, restoration of statehood, special status under the Sixth Schedule and Article 371, and exclusive rights over recruitment.
Ladakh’s Current Status
- Formation as Union Territory: Ladakh, spanning 59,146 square kilometers, became a Union Territory on August 5, 2019, following the abrogation of Article 370.
- Governance: Unlike Jammu and Kashmir, Ladakh does not have a legislature but is governed by two elected hill councils, LAHDC-Kargil and LAHDC-Leh.
- Population and Demographics: Ladakh, with a population of 2.74 lakh (2011 census), is a Muslim-majority UT, with Buddhists dominating Leh district and Shia Muslims in Kargil. The region witnessed varied reactions to the abrogation of Article 370, with Leh supporting UT status and Kargil expressing a desire for reunification with Kashmir.
Latest Demands of the Region
- Protests against UT Status: Over the past two years, both Leh and Kargil initiated protests against the UT status without a legislature, advocating for the restoration of statehood.
- Special Status under Sixth Schedule: There is a collective demand for special status under the Sixth Schedule and Article 371, similar to other northeastern states, to preserve the region’s ecological fragility and limit external influences.
- Exclusive Recruitment Rights: Ladakh seeks exclusive rights over recruitment, proposing the establishment of the Ladakh Public Service Commission for gazetted jobs and empowering hill councils for lower rung staff recruitment.
Territorial Control Expansion
- Historical Context: The memorandum underlines Ladakh’s historical connection to Gilgit-Baltistan, part of the pre-1947 Ladakh district now under Pakistan’s occupation.
- Territorial Control Demand: Ladakh demands an extension of territorial control up to Gilgit-Baltistan, advocating for attempts to include this area into Ladakh. Reservation of seats for Gilgit-Baltistan is sought once a legislature is granted.
- Strategic and Stability Considerations: The memorandum emphasizes that empowering locals will enhance stability in the region, especially in the context of Ladakh’s volatile Line of Actual Control (LAC) with China.
Centre’s Response and Committees Formed
- Committees Formed: In response to street protests, the Centre formed committees in 2022 and 2024, led by Ministers G. Kishan Reddy and Nityanand Rai, respectively, to engage with LAB and KDA members.
- Assurance and Ongoing Talks: The Centre assured finding appropriate solutions to language, culture, and land conservation issues in Ladakh. Ongoing talks are aimed at addressing the demands and fostering a structured dialogue between New Delhi and Ladakh.
Conclusion
- Ladakh’s socio-political dialogue continues, reflecting the diverse sentiments and demands of its residents.
- The region’s historical context, strategic considerations, and ecological concerns play a crucial role in shaping the ongoing negotiations.
- As Ladakh awaits resolutions to its demands, the dialogue remains a critical component in navigating the complex dynamics between the Centre and this unique Union Territory.
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J&K – The issues around the state
Narendra Modi writes on Article 370 verdict: Today, a clean canvas for every child in J&K
Note4Students
From UPSC perspective, the following things are important :
Prelims level: na
Mains level: Insaniyat, Jamhooriyat, and Kashmiriyat
Note for students: This article is written by our prime minister hence it becomes very important from UPSC Perspective.
Central idea
The text discusses the historic Supreme Court judgment upholding the abrogation of Articles 370 and 35(A) in Jammu and Kashmir. It highlights the positive impact of this decision, emphasizing a shift towards grassroots democracy and renewed focus on development in the region. The author advocates for continued engagement, national integration, and sustained efforts to address historical challenges.
Key Highlights:
- Historic Supreme Court Judgment: Upheld the abrogation of Articles 370 and 35(A), emphasizing India’s sovereignty.
- Long-standing Issues: Jammu, Kashmir, and Ladakh faced violence and instability for seven decades.
- Leadership Perspective: The author expresses commitment to addressing people’s aspirations and removing perceived injustices.
- Articles 370 and 35(A) as Obstacles: Seen as major hindrances to development and rights in Jammu and Kashmir.
- Development Initiatives: Government implemented various initiatives, including a 2015 special package, to address infrastructure, job creation, tourism, and handicraft industry support.
- Grassroots Democracy: Last four years witnessed renewed focus, improving representation for women, SCs, STs, and marginalized sections.
- Positive Impact of Abrogation: Visible development, improved infrastructure, increased tourist inflows, and a boost to various government schemes.
Key Challenges:
- Historical Confusion: Stemming from centuries of colonization, leading to a lack of clarity on basic issues.
- Violence and Instability: Jammu, Kashmir, and Ladakh experienced the worst forms of violence and instability for seven decades.
- Initial Choice at Independence: The narrative suggests a choice between a fresh start for national integration and continuing with a confused approach.
Key Terms and Phrases:
- Articles 370 and 35(A): Constitutional provisions abrogated to enhance constitutional integration.
- Karyakarta: Term referring to a political worker or activist.
- Insaniyat, Jamhooriyat, and Kashmiriyat: A message emphasizing humanity, democracy, and the unique cultural identity of Kashmir.
- Fit India Dialogues: Dialogues promoting fitness and well-being.
- Panchayat Polls: Elections at the grassroots level for local self-governance.
Key Quotes and Statements:
- “August 5, 2019, is etched in the hearts and minds of every Indian.”
- “The people of J&K want development and they want to contribute to the development of India based on their strengths and skills.”
- “The success of Panchayat polls indicated the democratic nature of the people of J&K.”
Key Examples and References:
- Afshan Ashiq: Mentioned as a talented footballer symbolizing positive change from stone-pelting to sports.
- Dr. Syama Prasad Mookerjee: Quoted for quitting the Nehru Cabinet over the Kashmir issue, becoming a source of inspiration.
- Atal ji’s “Insaniyat, Jamhooriyat, and Kashmiriyat” message: Referenced as a source of great inspiration.
Key Facts and Data:
- Over 150 ministerial visits from May 2014 to March 2019: Highlighting the government’s effort to interact directly with the people of Jammu and Kashmir.
- Special assistance of Rs 1,000 crore announced in 2014 for rehabilitation after floods: Demonstrating the government’s commitment during crises.
- Saturation of key central government schemes: Mentioned in sectors like Saubhagya, Ujjwala, housing, tap water connections, and financial inclusion.
Critical Analysis:
- Positive Impact of Abrogation: The author emphasizes the positive changes and development in Jammu, Kashmir, and Ladakh post the abrogation of Articles 370 and 35(A).
- Renewed Faith in Grassroots Democracy: The text suggests a positive shift towards grassroots democracy, with increased representation for marginalized sections.
- Historical Confusion and Choices: The narrative criticizes historical confusion and advocates for a clearer approach at the time of independence.
Way Forward:
- Continued Development: Continue the focus on development, infrastructure, and addressing the aspirations of the people.
- Sustained Grassroots Engagement: Maintain engagement at the grassroots level, ensuring representation for all sections of society.
- National Integration: Strengthen the spirit of “Ek Bharat, Shreshtha Bharat” for unity and good governance.
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J&K – The issues around the state
Pratap Bhanu Mehta writes on abrogation of Article 370 being upheld: Has SC established a dangerous precedent for federalism?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: na
Mains level: Article 370's gradual attenuation since the 1960s
Central idea
The Supreme Court’s validation of the abrogation of Article 370 in Jammu and Kashmir signifies a legal triumph for the Modi government’s approach. The judgment navigates historical complexities, raises questions about federalism, and introduces the need for honest political reconciliation in the region. The Court’s nuanced stance prompts reflections on the balance between integration and preserving regional identity.
Key Highlights:
- Supreme Court’s Validation: The judgment upholding the abrogation of Article 370 is considered a significant legal victory for the Narendra Modi government, emphasizing its unwavering approach to Jammu and Kashmir.
- Historical Ambiguities: The decision reflects on historical ambiguities, procedural intricacies, and legal complexities, asserting that no such considerations should impede the government’s vision of Jammu and Kashmir’s relationship with the Indian Union.
- Political History Evaluation: Public perception of this judgment hinges on the unfolding of political history. Is it viewed as another instance of Jammu and Kashmir’s betrayal now officially endorsed by the Supreme Court? Does it set potentially precarious precedents for federalism and the credibility of the judiciary?
- Integration or Half Measures?: The judgment prompts questions about whether this marks the final and complete integration of the state into India’s constitutional scheme or an improvement on the previous half measures, given the special status and autonomy that Article 370 was intended to provide.
- Valley’s Response: The sullen silence in the Valley is being closely observed. Is it indicative of a final acceptance, a subdued victory, or an opportunity, as suggested by Justice Kaul, to set Kashmir on the path of truth and reconciliation?
Key Challenges:
- Federalism and Judiciary’s Authority: A critical challenge lies in the Court’s avoidance of addressing the novel degradation of Indian federalism represented by the downgrading of Jammu and Kashmir to a Union Territory. This non-engagement poses questions about the judiciary’s commitment to upholding constitutional principles.
- Conjuring Tricks and Constitutional Amendments: The judgment’s acceptance of open-ended promises for restoring statehood at an unspecified future date raises concerns about potential constitutional amendments through backdoor methods, challenging the integrity of the process.
Key Terms and Phrases:
- Article 370’s Transitory Nature: The Court’s emphasis on Article 370 being transitory, justifying its abrogation without the Jammu and Kashmir Legislative Assembly’s consent.
- Jammu and Kashmir Reorganisation Act, 2019: The Act that led to the downgrading of J&K to a Union Territory, a significant departure from the state’s historical status.
- J&K Legislative Assembly: The absence of the requirement for the assembly’s consent raises questions about the democratic process and representation.
- Union Territory: The transformation of J&K into a Union Territory, a move that alters its political and administrative status within the Indian Union.
Key Quotes:
- “The whole of the Constitution of India applies to Jammu and Kashmir. But not yet.” – The Court’s statement encapsulating a performative aspect that delays full application.
Key Statements:
- The Court’s avoidance of addressing the degradation of Indian federalism could undermine its authority and the principles it stands for.
- Justice Kaul’s call for a Truth and Reconciliation Commission underscores the need for an honest reckoning with the complex history of Jammu and Kashmir.
Key Facts and Data:
- Article 370’s gradual attenuation since the 1960s, leading to the question of whether its abrogation was a logical progression.
- The reorganisation of J&K, creating a new precedent and introducing complexities in its political identity.
Critical Analysis:
- The Court’s focus on procedural aspects and historical context while sidestepping federalism concerns creates a nuanced perspective on its role in interpreting constitutional provisions.
- The judicial acceptance of open-ended promises raises questions about the accountability of the government’s actions and the potential misuse of constitutional powers.
Way Forward:
- Honest political reconciliation is deemed essential in the absence of a political force capable of fostering genuine dialogue and resolution.
- The evolving landscape of Indian politics and the Court’s role in navigating constitutional challenges, ensuring a delicate balance between integration and preserving regional identity.
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J&K – The issues around the state
Explained: SC Verdict on Abrogation of Article 370
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 370, SR Bommai Verdict
Mains level: Read the attached story
Central Idea
- A Constitution Bench of the Supreme Court on Monday unanimously upheld the power of the President to abrogate Article 370 in August 2019, leading to the reorganisation of the full-fledged State of Jammu and Kashmir to two Union Territories and denuding it of its special privileges.
Key Issues and Court’s Findings
[A] On the Sovereignty of Jammu and Kashmir:
- Petitioners’ Claim: They argued that J&K retained an element of sovereignty when it acceded to India in 1947, different from other princely states.
- Court’s Examination: The Court noted that J&K was listed as a Part III state in the Indian Constitution and Section 3 of J&K’s Constitution declared it an integral part of India.
- Final Ruling: The Court held that J&K did not retain sovereignty, and the process of integration was ongoing, culminating in the Presidential declaration under Article 370(3).
[B] Whether Article 370 is Temporary or Permanent:
- Arguments Presented: Petitioners argued for Article 370’s permanence, while others viewed it as temporary.
- Court’s Opinion: Both CJI Chandrachud and Justice Kaul concurred that Article 370 was a temporary provision.
[C] Legality of Abrogating Article 370:
- Abrogation Process: On August 5, 2019, President Ram Nath Kovind issued CO 272, amending Article 367 and redefining “Constituent Assembly of Jammu and Kashmir” as the “Legislative Assembly of Jammu and Kashmir.”
- Court’s Upholding: The Court upheld this process, with CJI Chandrachud stating that post-dissolution of J&K’s Constituent Assembly, the President could have unilaterally abrogated Article 370.
[D] Actions Under President’s Rule:
- Challenge to Union’s Actions: The challenge was to the extent of powers appropriated under Article 356 (President’s rule).
- Reference to Bommai Ruling: The Court, citing the 1994 Bommai ruling, stated that actions under the President’s rule must not be mala fide or irrational.
Upholding Centre’s (Union) Supremacy
- Parliament’s Unilateral Actions: The Court’s interpretation suggests Parliament can change a state’s status under the President’s rule.
- Article 3 Reference: The President referred the Jammu and Kashmir Reorganisation Bill, 2019, to Parliament for its views, as the state was under President’s rule.
- Validity of Executive Orders: The Court applied Bommai ruling standards to validate the executive orders, emphasizing the need for proof of mala fides to challenge the actions.
Conclusion
- J&K’s Integral Status Affirmed: The Court conclusively ruled that J&K has always been an integral part of India.
- Temporary Nature of Article 370: The ruling clarifies that Article 370 was a temporary provision.
- Expansion of Union Powers: The judgment potentially expands the Union’s powers under President’s rule, affecting the federal balance.
- Constitutional Precedent: This ruling sets a significant precedent in interpreting Union and state powers, reflecting on the dynamics of Indian federalism.
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J&K – The issues around the state
Karan Singh’s Proclamation of 1949
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Karan Singh's 1949 Proclamation
Mains level: Read the attached story
Central Idea
- On December 11, the Supreme Court upheld the abrogation of Article 370, affirming that Jammu and Kashmir (J&K) did not retain sovereignty after joining the Union of India.
- CJI D Y Chandrachud, writing for himself and Justices B R Gavai and Surya Kant, cited a 1949 proclamation by Yuvraj Karan Singh (successor of J&K titular Maharaja) as a key factor in this decision.
Karan Singh’s 1949 Proclamation
- Repeal of the Government of India Act, 1935: The proclamation declared the repeal of the Government of India Act, 1935, which previously governed J&K’s constitutional relationship with India.
- Adoption of the Indian Constitution: It stated that the Indian Constitution would govern J&K’s relationship with the Union of India and abrogate inconsistent constitutional provisions in the state.
Reason behind the Proclamation
- Karan Singh’s Perspective: Speaking to The Indian Express, Karan Singh, aged 92, explained that the proclamation was necessary to eliminate ambiguity regarding J&K’s integration with India.
- Instrument of Accession’s Ambiguity: He noted that while his father, Hari Singh, signed the Instrument of Accession like other rulers, J&K retained a measure of autonomy, leading to questions about its complete integration.
Supreme Court’s Findings
- Essence of the Judgment: The Court stated that J&K did not retain any form of sovereignty upon joining India.
- Significance of the 1949 Proclamation: The Court highlighted that Karan Singh’s proclamation superseded all constitutional provisions inconsistent with the Indian Constitution, effectively surrendering J&K’s sovereignty.
Alignment with the Centre’s Argument
- Centre’s Stance: The Union government argued that the 1949 proclamation acknowledged the supremacy of the Indian Constitution and surrendered sovereignty to it, where the sovereign is ‘We the people of India’.
- Court’s Agreement: The Supreme Court’s ruling aligns with this argument, affirming the complete integration of J&K into India.
Conclusion
- The Supreme Court’s decision clarifies the constitutional status of J&K post the abrogation of Article 370, confirming its full integration into the Indian Union without any retained sovereignty.
- The ruling underscores the historical context of J&K’s accession and the role of the 1949 proclamation in shaping its constitutional relationship with India.
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J&K – The issues around the state
Syama Prasad Mookerjee and his Contributions
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Syama Prasad Mookerjee
Mains level: Read the attached story
Central Idea
- Following judgment of the Supreme Court upholding the abrogation of Article 370, many invoked Dr Syama Prasad Mookerjee (1901-53), an ardent opponent of Kashmir’s ‘special status’ in the Indian Union.
Who was Syama Prasad Mookerjee?
- Syama Prasad Mookerjee, an eminent Indian politician, barrister, and academician, played a significant role in shaping India’s political landscape during the mid-20th century.
- Born on July 6, 1901, in Kolkata (formerly Calcutta), Mookerjee emerged as a prominent leader and a staunch advocate of Indian nationalism and Hindu politics.
Early Life and Education
- Bengali Brahmin heritage: Mookerjee hailed from a respected Brahmin family with roots in Jirat, Hooghly District, and West Bengal.
- Academic brilliance: He exhibited exceptional academic prowess, pursuing his education at prestigious institutions such as Presidency College and the University of Calcutta.
- Legal career: Mookerjee became a barrister, being called to the English Bar after studying at Lincoln’s Inn in London.
Political Career
- Initial association with Congress: Mookerjee began his political journey as a member of the Indian National Congress, representing Calcutta University in the Bengal Legislative Council.
- Hindu Mahasabha affiliation: He later joined the Hindu Mahasabha, a right-wing Hindu nationalist organization, and became its president.
- Championing Bengal partition: Mookerjee actively advocated for the partition of Bengal to safeguard Hindu interests, leading to the establishment of a separate West Bengal within the Indian Union.
- Resignation from Bengal cabinet: As Finance Minister of Bengal Province, Mookerjee resigned in 1942, condemning the British government’s oppressive policies and their attempts to hold on to India.
Contributions to Independent India
- Minister for Industry and Supply: Mookerjee served as India’s first Minister for Industry and Supply in Jawaharlal Nehru’s cabinet after independence.
- Nehru-Liaquat Pact and resignation: He resigned from Nehru’s cabinet in 1950, protesting against the Nehru-Liaquat Pact, which he believed compromised the interests of Hindus in East Bengal (now Bangladesh).
- Founding Bharatiya Jana Sangh: Mookerjee, with the support of the Rashtriya Swayamsevak Sangh (RSS), established the Bharatiya Jana Sangh in 1951, laying the foundation for the Bharatiya Janata Party (BJP).
Mookerjee’s Opposition to Article 370
- Balkanization of India: Mookerjee strongly believed that Article 370 created a sense of separatism and division within the country, leading to the fragmentation of India’s unity.
- Rejection of dual governance: Mookerjee famously stated, “Ek desh mein do Vidhan, do Pradhan aur Do Nishan nahi chalenge” (One country cannot have two constitutions, two prime ministers, and two flags), emphasizing his opposition to the separate status enjoyed by Jammu and Kashmir.
- Reservations about special status: Mookerjee expressed concerns that the special status granted to Jammu and Kashmir under Article 370 would impede the state’s full integration into the Indian Union.
- Inequality and separatism: He believed that granting special privileges to one state based on religion or regional factors would lead to a sense of inequality and separatism.
Ideological Stance and Legacy
- Influence on BJP’s policy agenda: His ideology and vision continue to shape the policies and agenda of the Bharatiya Janata Party.
- Controversial demise: Mookerjee’s untimely death in 1953 while in custody remains a subject of controversy and speculation, with demands for an independent inquiry.
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J&K – The issues around the state
Private: Who is a J&K Resident?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: J&K Domicile Issue
Mains level: Read the attached story
Central Idea
- The rights and interests of the people of Jammu and Kashmir have been a central theme in discussions across Parliament, the Supreme Court, and among citizens.
- Union Home Minister spoke about The J&K Reservation (Amendment) Bill, 2023, and The J&K Reorganisation (Amendment) Bill, 2023, emphasizing their benefits for migrant Kashmiris, women, and others deprived of rights for 70 years.
Defining J&K Subjects and Residents
- Origins: The concept of “state subjects” and “permanent residents” in J&K originated during the rule of the Dogra dynasty.
1927: Maharaja Hari Singh’s State Subject Classification
- Government Order No. I-L/84: Issued on April 20, 1927, by Maharaja Hari Singh, this order divided inhabitants into four classes.
- Class I: Included those residing in J&K before Maharaja Gulab Singh’s reign (1846) and those settled before 1885.
- Class II: Covered individuals who settled and acquired immovable property in J&K before 1911.
- Class III: Comprised permanent residents with property acquired under specific concessions.
- Class IV: Included certain companies registered within the state, with government interest or economic benefit to the state.
- Privileges and Rights: The order prioritized Class I over others in scholarships, land grants, and state service recruitment.
1932: State Subjects Abroad and Foreign Nationals
- Order No. 13L/1989: Issued on June 27, 1932, by Hari Singh, it addressed the status of J&K state subjects living abroad and foreign nationals in J&K.
- Provisions for Emigrants: J&K emigrants and their descendants up to two generations were considered state subjects but with specific conditions for internal rights.
- Foreign Nationals: They could acquire state nationality after age 18, property purchase, and 10 years of continuous residence.
1956: J&K’s Separate Constitution
- Constitution Adoption: On November 17, 1956, the Constituent Assembly of J&K adopted a separate constitution, redefining state subjects as “permanent residents.”
- Permanent Residency Criteria: Included Indian citizenship as of May 14, 1954, and specific residency or property criteria. Provisions for Class I/II subjects who migrated to Pakistan and returned were also included.
1980-1982: J&K Resettlement Bill
- Legislation by Sheikh Abdullah’s Government: The J&K Resettlement Bill, passed in 1982, allowed certain migrants to return as permanent residents.
- Supreme Court Intervention: Implementation was halted due to a stay order by the Supreme Court, obtained by Prof Bhim Singh.
2003-04: High Court Ruling and Subsequent Legislative Actions
- High Court Decision: In 2003, it was ruled that women do not lose permanent resident status upon marrying non-permanent residents.
- Legislative Response: The PDP-Congress government passed a bill in 2004 to disqualify such women, which was initially supported by the NC but later opposed by the Congress in the Legislative Council and did not pass.
Post-2019: Changes in Domicile Status
- Article 370 Amendment and J&K Bifurcation: The central government redefined “permanent residents” as “domiciles” following the amendment of Article 370 and bifurcation into two Union Territories.
- New Domicile Definition: Includes individuals with 15 years of residency, seven years of education and Class 10/12 exams in J&K, registered migrants and their children, and children of central government officials with 10 years of service in J&K.
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J&K – The issues around the state
Private: Article 370 Verdict: Proposal for a Truth and Reconciliation Commission
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Truth and Reconciliation Commissions
Mains level: NA
Central Idea
- The Supreme Court upheld the Centre’s 2019 abrogation of Article 370, affirming that Jammu and Kashmir no longer holds a special status in the Indian Union.
- Justice Sanjay Kaul suggested establishing a Truth and Reconciliation Commission to address human rights violations in J&K by both state and non-state actors.
Understanding Truth and Reconciliation Commissions
- Definition and Purpose: These commissions are official bodies aimed at acknowledging and revealing government or non-state wrongdoings to address and resolve past conflicts.
- Characteristics: As defined by Priscilla B Hayner, such commissions focus on the past, investigate patterns over time, engage with affected populations, are temporary, and are state-authorized.
Global Precedents of Truth Commissions
- Historical Overview: Hayner reviewed commissions from Uganda (1974) to Kenya (2009), with notable ones in South Africa, Australia, Canada, Sri Lanka, and Nepal.
- Canadian TRC: Addressed the impact of the Indian Residential Schools system on indigenous children. It operated from 2007 to 2015, with a budget of about $72 million, and its documents are now housed at the University of Manitoba.
- South African TRC: Established in 1995 post-apartheid, it aimed to uncover human rights violations during apartheid and foster national healing. Its focus was on gathering information rather than prosecution, resulting in a multi-volume report released between 1998 and 2003.
Justice Kaul’s Proposition
- Significance of the Proposal: Justice Kaul’s recommendation for a Truth and Reconciliation Commission in J&K reflects an approach focused on healing and understanding, rather than retribution.
- Nature of the Commission: He emphasized that the commission should focus on dialogue and reconciliation, rather than acting as a criminal court.
- Broader Context: This proposal, if implemented, could play a crucial role in addressing the complex history of human rights issues in J&K, following the significant constitutional changes brought by the abrogation of Article 370.
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J&K – The issues around the state
Story of Kashmir’s Accession to India
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Post-independent reorganization
Central Idea
- Union Home Minister recently criticized Jawaharlal Nehru’s handling of the Kashmir issue, citing two major blunders.
- In response, opposition highlighted Nehru’s commitment to integrating Kashmir into India, contrasting with Sardar Patel’s initial willingness to cede Kashmir for Hyderabad.
Nehru, Patel, and the Accession Conundrum
- Post-Colonial Challenges: After British departure in 1947, Jammu and Kashmir, and Hyderabad, with their distinct demographic compositions, initially sought independence.
- Nehru’s Firm Stance on Kashmir: Nehru was resolute about Kashmir’s integration into India, differing from Patel’s initial stance, as noted in V Shankar’s “My Reminiscences of Sardar Patel.”
- Shift in Patel’s Viewpoint: Patel’s perspective on Kashmir changed after Pakistan accepted Junagadh’s accession on September 13, 1947.
The Junagadh Accession Episode
- Nawab’s Decision and India’s Reaction: The Nawab of Junagadh opted for Pakistan in 1947, leading to India’s military intervention and a subsequent plebiscite in November, favouring India with 91% votes.
- Influence on Kashmir Policy: Junagadh’s accession impacted India’s policy towards princely states, particularly Kashmir.
Hyderabad’s Complex Scenario
- Suggested Hyderabad-Kashmir Barter: The idea of trading Hyderabad for Kashmir, citing Victoria Schofield’s “Kashmir in Conflict,” was deemed impractical.
- Patel’s Approach to Hyderabad: Patel’s initial leniency towards Hyderabad’s Nizam was influenced by his international stature and the complex political landscape.
- Military Action in Hyderabad: The Indian Army’s Operation Polo in September 1948 ended the Nizam’s rule amid growing internal dissent.
Accession of Jammu and Kashmir
- Maharaja Hari Singh’s Reluctance: Hari Singh, the ruler of Jammu and Kashmir, initially preferred independence.
- Mounting Tensions and Pakistani Actions: Blockades and revolts in 1947, along with suspected Pakistani support for infiltrators, compelled Hari Singh to seek India’s assistance.
- Conditional Accession to India: Hari Singh’s request for military aid led to Jammu and Kashmir’s accession to India in October 1947.
Analyzing Nehru’s Alleged “Blunders”
- UN Involvement Controversy: The minister’s critique centers on Nehru’s decision to involve the UN and agree to a ceasefire.
- Factors Influencing Nehru’s Decisions: Nehru’s decisions were influenced by international diplomacy, financial constraints, and strategic considerations.
- Perspectives on the Ceasefire: While some view the ceasefire as a missed chance, others regard it as a necessary measure under the circumstances.
Conclusion
- The historical decisions regarding Kashmir’s accession continue to be a topic of debate in Indian politics.
- The roles of Nehru and Patel in shaping India’s territorial integrity remain subjects of intricate historical scrutiny.
- Understanding these historical events is essential for informed discussions on contemporary policies and political narratives.
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J&K – The issues around the state
Private: Key Legislative Developments for Kashmir
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: Restoration of statehood in J&K
Central Idea
- The Jammu & Kashmir Reservation (Amendment) Bill, 2023, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, have been passed in the Lok Sabha.
- They are aimed at providing rights and addressing injustices faced by certain groups in the Union Territory.
[A] Jammu & Kashmir Reservation (Amendment) Bill, 2023
- Purpose: To amend the Jammu and Kashmir Reservation Act, 2004.
- Original Act: The 2004 Act provided reservations in jobs and professional institutions for SCs, STs, and other socially and educationally backward classes.
- Key Amendment: Changing the nomenclature of “weak and underprivileged classes (social castes)” to “other backward classes”.
[B] Jammu and Kashmir Reorganisation (Amendment) Bill, 2023
- Amendment Goals: To amend the 2019 Act for better representation in the Legislative Assembly for Kashmiri Migrants and displaced persons from Pakistan-occupied Kashmir (PoK).
- Seat Allocation: Proposes nominating two members from the Kashmiri migrant community and one representing displaced persons from PoK to the Legislative Assembly.
- Increase in Assembly Seats: The number of seats in the Legislative Assembly will be increased to 90 from 83.
- Reservation for SC/ST: The Bill seeks to reserve seats for SC and ST members.
- Nomination Provisions: New sections 15A and 15B are proposed for the Lieutenant Governor to nominate up to two members, including one woman, from the “Kashmiri Migrants” community and one member from “Displaced Persons from Pakistan-occupied Jammu and Kashmir”.
Context and Significance
- Representation for Displaced Communities: The bills aim to provide legislative representation for communities that have faced displacement and historical injustices.
- Political and Social Impact: These amendments are significant in the context of Jammu and Kashmir’s complex political landscape, particularly following the abrogation of Article 370.
- Enhanced Inclusivity: The legislation seeks to enhance inclusivity and representation in the region’s governance structure.
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J&K – The issues around the state
Places in news: Gurez Valley
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Gurez Valley
Mains level: Not Much
Central Idea
- The high-altitude passes within the Gurez valley, located in northern Kashmir, are now linked to the Mushkoh valley in the Drass Sector of Kargil, Ladakh. This region was a significant site during the 1999 war.
- The newly established 130-kilometer road has been opened to tourists, and one of its highest passes, Kaobal Gali, situated at an elevation of 4,166.9 meters in Gurez, serves as the vital link connecting these two valleys.
About Gurez Valley
- Found in the Kashmir valley, Gurez is positioned near the Line of Control, which separates it from Pakistan-administered Kashmir’s Astore and Neelum districts.
- The local inhabitants are primarily ethnic Dards/Shins who speak the Shina language and share similar dress and cultural traditions with their counterparts in Pakistani-administered Gilgit-Baltistan.
- The Buduaab village within Gurez valley is known for its Zumba yak, a smaller breed compared to other yaks.
- Gurez valley played a significant role in the Kargil war.
- It is closely situated to the Line of Control (LoC), with the Kishanganga river delineating the border in multiple areas.
- Unique to the Gurez valley is the presence of villages constructed entirely of log houses, devoid of modern urban construction materials.
- The region boasts diverse fauna and wildlife, including species such as the Himalayan brown bear, snow leopard, ibex, musk deer, and marmots.
- With approximately 38,000 inhabitants, the Gurez valley has already welcomed an impressive 50,000 tourists this year.
Back2Basisc: Mushkoh Valley
- Located in Dras, Ladakh, the Mushkoh valley is also renowned as the “valley of wild tulips.”
- The valley gained notoriety due to the fierce battle at Tiger Hill during a conflict between India and Pakistan, resulting in numerous casualties on both sides.
- Mushkoh valley’s meadows are adorned with vibrant wild tulip flowers, and it is home to the endangered Himalayan yew.
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J&K – The issues around the state
Article 370 Abrogation: KN Rajagopal v. M Karunanidhi Verdict (1971)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 370, K.N. Rajagopal v. M Karunanidhi Verdict (1971)
Mains level: Read the attached story
Central Idea
- A landmark Supreme Court judgment from over four decades ago has become an obstacle to the Centre’s assertion that the “breakdown of constitutional machinery” in J&K.
- Over this, the centre had justified the events leading to the abrogation of Article 370 on 5 August 2019.
- This judgment poses a significant challenge to the narrative surrounding the abrogation.
Rajagopal versus M Karunanidhi Verdict (1971)
- Governor’s Role: The judgment underscores that the Governor, though appointed by the President, does not lead to a breakdown of constitutional machinery when a legislative Assembly is dissolved.
- Historical Precedent: The Constitution Bench judgment in K.N. Rajagopal versus M Karunanidhi, authored by Chief Justice S.M. Sikri in 1971, supports this view.
Essence of the Judgment
- Central Tenet: The judgment clarifies that when a Governor dissolves a State’s legislative Assembly and assumes its powers, the premise of “failure of constitutional machinery” under Article 356 becomes untenable.
- Absurdity of Claim: It is pointed out that it’s illogical for the President to assert a “breakdown of constitutional machinery” when the Governor, whom the President appointed, already holds control.
Application to J&K’s Scenario
- J&K’s Timeline: In Jammu and Kashmir, the Governor dissolved the State legislative assembly on November 21, 2018.
- President’s Rule: A proclamation of President’s rule was issued on December 19, 2018, followed by Parliament’s approval on January 3, 2019. Extension of President’s rule occurred on July 3, 2019.
- Abrogation of A370: The Centre, on August 5, 2019, introduced the Constitution (Application to Jammu and Kashmir) Order, changing the provisions of Article 370.
- Legislating the abrogation: The next day, Parliament abrogated Article 370, reorganizing the State of Jammu and Kashmir.
Legal issues with Article 370 Abrogation
- Challenging Constitutionality: Litigants argues that beneath the perceived constitutionality, there lies evident illegality. Once the State Assembly was dissolved, there was no breakdown of machinery.
- Governor’s Powers: The Governor’s assumption of powers contradicts such a breakdown, making the President’s proclamation under Article 356 jurisdictionally flawed.
- Constitutional Entity: Referring to the S.R. Bommai case, it is highlighted that a State as a “constitutional entity” should outlast Article 356’s intervention.
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J&K – The issues around the state
Kashmir Issue: Why India went to the UN
Note4Students
From UPSC perspective, the following things are important :
Prelims level: History of Kashmir's accession
Mains level: Read the attached story
Central Idea
- The intricate tale of Kashmir’s “special status” has been a source of enduring conflict and turmoil within India and its neighbouring Pakistan.
- Unravelling the events that led to rolling in of the UN in the Kashmir dispute, requires delving into verified historical facts.
Kashmir: Birth of a Princely State
- Origins: The princely state of Jammu and Kashmir emerged in 1846 when the British sold Kashmir to Gulab Singh, the Dogra jagirdar of Jammu, after the first Anglo-Sikh War.
- Hari Singh’s Heritage: Maharaja Hari Singh, the ruler during India’s independence, was Gulab Singh’s descendant and envisioned an independent and neutral Kashmir.
Dilemma of Accession
- Independence Aspiration: Hari Singh aspired for Kashmir’s independence post-British rule, with a vision of a “Switzerland of the East.”
- Viceroy’s Visit: Viceroy Lord Louis Mountbatten suggested Hari Singh’s accession to either India or Pakistan, but the state wanted to remain independent.
- Gurdaspur’s Significance: The Radcliffe Boundary Commission’s decision on Gurdaspur was pivotal. The district’s inclusion in India secured a practical route for Kashmir’s potential accession.
The Turning Point
- Infiltration and Conflict: Infiltrators crossed over from Pakistan in October 1947, advancing swiftly. The identity of the infiltrators and their motivation remains disputed between India and Pakistan.
- Pakistani Motivation: Pakistan claims the raiders acted independently, avenging atrocities against Muslims in India, while India asserts their involvement was orchestrated.
- Jinnah’s Knowledge: Opinions diverge on whether Jinnah was informed about the infiltrators’ plan, with conflicting accounts of his awareness.
Imperative of Accession
- Hari Singh’s Request: Hari Singh requested military aid from India in response to the infiltrations, leading to India’s intervention.
- Instrument of Accession: VP Menon brought the Instrument of Accession from Hari Singh, formalizing the state’s accession to India.
Plebiscite and the UN Involvement
- Mountbatten’s Stance: Mountbatten’s recommendation to involve the UN stemmed from his pessimism about bilateral negotiations between India and Pakistan.
- UN Involvement: India took the Kashmir issue to the UN in 1948, seeking intervention to resolve the conflict. The framing of the issue as the “India-Pakistan question” was seen as a symbolic defeat for India.
- Stance of World Powers: US and UK’s inclination toward Pakistan, in part due to geopolitical considerations, influenced the UN’s approach to the issue.
Why did India go to the UN?
- International Attention: India sought global attention and legitimacy by involving the UN in the Kashmir conflict.
- Bilateral Stalemate: Unsuccessful bilateral negotiations pushed India to explore UN mediation.
- Mountbatten’s Advice: Lord Mountbatten’s pessimism about the India-Pakistan agreement led to UN recommendation.
- Symbolic Significance: Framing the issue at the UN highlighted its international nature.
- Legitimacy and Process: UN involvement provided a structured platform for presenting arguments.
- Conflict Avoidance: UN mediation aimed to prevent further conflict escalation in the region.
Post-UN Scenario
- Plebiscite Debate: India and Pakistan both agreed on the need for a plebiscite, but differing circumstances delayed its execution.
- India’s Hardened Stand: As Pakistan aligned with the US, Nehru’s stance against a plebiscite intensified, fearing bias due to Sheikh Abdullah’s inclination towards India.
- Integration with India: Jammu and Kashmir participated in India’s democratic processes, and Article 370, granting the region “special status,” was incorporated into the Indian Constitution.
Conclusion
- The complex history of Kashmir’s “special status” remains a subject of fervent debate, with deeply entrenched narratives on both sides.
- It is within this intricate framework that the ongoing discussions and negotiations surrounding Kashmir’s future continue to unfold.
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J&K – The issues around the state
Debate around Article 370 in Supreme Court
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 370
Mains level: Read the attached story
Central Idea
- There are ongoing Supreme Court deliberations regarding the abrogation of Article 370.
- This article delves into the historical context, legal intricacies, and broader socio-political implications of this pivotal constitutional provision.
Historical Context of Accession
- Geo-Political Situation: Jammu and Kashmir’s unique special status originated from the tumultuous geo-political circumstances following India’s Independence and Partition.
- Standstill Agreements: Maharaja Hari Singh’s decision to enter into “Standstill Agreements” with both India and Pakistan highlighted the State’s strategic positioning and economic interests.
- Instrument of Accession: Faced with internal turmoil and external aggression, Maharaja Hari Singh’s Instrument of Accession sought India’s military assistance while retaining significant autonomy in internal matters.
Evolution of Article 370
- Instrument of Accession’s Reflection: Article 370 was crafted in line with the Instrument of Accession’s principles, preserving the unique terms of Jammu and Kashmir’s association with India.
- Autonomy Preserved: This provision aimed to strike a balance between safeguarding the State’s autonomy and integrating it into the larger Indian Union.
- Limited Legislative Authority: Article 370 outlined a limited scope for Parliament to legislate on certain subjects, primarily defense, foreign affairs, and communications, with consultation and concurrence requirements.
- Special Relationship: This provision established Jammu and Kashmir’s distinct relationship with India, emphasizing that its integration would be contingent on mutual consent.
Abrogation of Article 370
- Long-Standing Opposition: The abrogation of Article 370 was a persistent demand of the mainstream political party and its precursor.
- Multistage Process: The process of abrogation involved presidential orders, amendments, and parliamentary resolutions, culminating in its nullification.
Petitioners’ Arguments against Revocation
- Lack of Consultation: Senior litigant accused the Union government of ignoring the will of the people of Jammu and Kashmir during the Article 370 abrogation process.
- Series of Executive Acts: He highlighted that the abrogation was executed through a series of executive acts, starting from the dissolution of the Jammu and Kashmir Legislative Assembly and state government.
- Changing Provisions: He pointed out that the proviso to Article 370 (3) was altered to sidestep the need for the recommendation of the now-defunct Jammu and Kashmir Constituent Assembly before rendering Article 370 inoperative.
Nature of Relationship
- Federal vs. Quasi-Federal: Litigant underscored that the relationship between the Union government and Jammu and Kashmir was purely federal, distinct from other states’ quasi-federal relationships.
- Consent of the State: He argued that such significant decisions should have required the consent of the state and its people, considering the unique federal structure.
CJI’s Inquiries
- Permanent Character of Article 370: The CJI raised a significant question about the permanence of Article 370 in the Constitution. He inquired whether a constitutional amendment was required to transform its temporary nature into permanence.
- Jammu and Kashmir Constituent Assembly: He asked whether the absence of abrogation by the Jammu and Kashmir Constituent Assembly before its dissolution in 1957 should be considered as deeming Article 370 permanent.
Supreme Court’s Interpretation
Ans. No Comparison with Brexit-Type Referendum
- Brexit Referendum: The CJI referenced the Brexit referendum as a political decision taken in the U.K. which does not align with India’s constitutional framework.
- Uniqueness of Constitutional Democracy: India’s democracy is grounded in the Constitution, and thus decisions like Article 370’s abrogation involve adherence to established legal procedures.
Conclusion
- The ongoing courtroom exchange underlines the essence of constitutional democracy in India, wherein the expression of public opinion occurs through established democratic mechanisms.
- The Chief Justice’s observations and the petitioners’ arguments shed light on the intricate balance between executive actions, parliamentary representation, and the preservation of constitutional principles.
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J&K – The issues around the state
SC questions equating Article 370 to Basic Structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 370, Basic Structure
Mains level: Not Much
Central Idea
- The Supreme Court is currently deliberating on the abrogation of Article 370, which granted special status to Jammu and Kashmir.
- The court is exploring whether Article 370 can be equated with the Basic Structure of the Constitution, a principle that enshrines essential features beyond the Parliament’s amendment powers.
What is Basic Structure Doctrine? |
|
| Definition | A constitutional principle that certain essential features or basic elements of the Indian Constitution cannot be amended by the Parliament. |
| Purpose | To preserve the core values and structure of the Constitution, protecting its democratic, secular, and federal character. |
| Establishment | Established by the Supreme Court in the Kesavananda Bharati v. State of Kerala case in 1973. |
| Essential Features | Includes supremacy of the Constitution, democratic republic, judicial review, separation of powers, federal structure, rule of law, fundamental rights, and parliamentary system. |
| Limitation on Amendment | Restricts Parliament’s amending power under Article 368. |
| Judicial Review | The Supreme Court uses the doctrine to strike down amendments that violate the Basic Structure. |
Also read:
Debate over Article 370
- Constitutional Process: It has been argued that the abrogation of Article 370 was a purely political act and that there was no constitutional process available to revoke it.
- Equating with Basic Structure: The court questioned whether considering the abrogation of Article 370 as impossible amounts to equating it with the principles of the Basic Structure of the Constitution.
- Article 370 as a “Compact”: It has been contended that Article 370 was not part of the Basic Structure but a “compact” between the princely State of J&K and the Government of India, engrafted into the Indian Constitution.
- Government’s Actions: Concerns have been raised about the government’s insertion of Article 367(4)(d), which some argue circumvented the “residuary power” of the State and allowed the Parliament to act as the J&K Constituent Assembly.
Challenges and Concerns Raised
- Permanence of Article 370: The permanence of Article 370 after the Constituent Assembly’s dissolution in 1957 and the procedure followed by the NDA government during the abrogation have been debated.
- Constitutional Machinery: Criticisms have been raised that the Parliament and President took over the powers of the State without considering the views of the people of Jammu and Kashmir.
- Breakdown of Constitutional Structure: Some argue that the events leading up to the abrogation constituted a “complete breakdown” of the constitutional structure, as the State’s powers were absorbed by the Centre, and the State was bifurcated without proper consent.
Conclusion
- The Supreme Court’s ongoing hearings on the abrogation of Article 370 continue to raise important questions about its status and the process involved.
- The court’s decision will have significant implications for understanding the constitutional relationship between the Centre and the States and the sanctity of special provisions like Article 370.
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J&K – The issues around the state
Post-1957, President retains power to scrap Article 370: Supreme Court
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 370
Mains level: Not Much
Central Idea
- The Supreme Court deliberated on the President’s power to declare Article 370 of the Constitution, which granted special status to J&K, inoperative after the dissolution of the State’s Constituent Assembly in 1957.
- The court questioned whether the Constituent Assembly’s dissolution nullifies the substantive part of Clause 3 in Article 370.
- Senior counsel argued that Article 370 cannot be revoked after the Constituent Assembly’s dissolution, but the court questioned the extent of the President’s powers.
Also read:
Historical Context of Article 370
- The Constituent Assembly of J&K was a temporary body convened for drafting the State’s Constitution, becoming functus officio after its completion.
- Article 370 was considered “temporary” because it allowed the people of J&K to determine their Constitution and the jurisdiction of Union of India.
- The collaborative relationship between the Union and J&K, with constant dialogue and parliamentary laws applying to J&K through Constitution Orders, was disrupted by the abrogation of special constitutional status in 2019.
Contentions raised against A370 Revocation
- Constituent Assembly’s Role: The provision requiring the J&K Constituent Assembly’s recommendation for abrogation has no application, given its specific purpose was to draft the State’s Constitution.
- Impact on Democracy: The argument raised concerns about silencing the people’s will in J&K, where representative democracy had been absent for five years. The State’s unique relationship with India was emphasized.
- Parliament’s Authority: The counsel questioned Parliament’s authority to declare itself the legislature of J&K and abrogate Article 370, asserting that Parliament could not act outside the Constitution.
- Temporary Provision: It was clarified that Article 370 was mentioned as a “temporary” provision because it allowed the people of J&K to determine their future through their Constituent Assembly.
Conclusion
- The Supreme Court’s examination of the President’s power over Article 370 after the Constituent Assembly’s dissolution raises significant questions about the unique constitutional structure and the collaboration between the Union and J&K.
- The verdict will determine whether Article 370 remains operative and its implications on the historical relationship between the State and the Union.
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J&K – The issues around the state
Ladakh’s Demand for Sixth Schedule
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ladakh, Sixth Schedule
Mains level: Read the attached story
Central Idea: The Ministry of Home Affairs (MHA) will meet civil society leaders from Ladakh amid persistent demands and protests in the Union Territory for statehood and constitutional safeguards under the sixth schedule of the Constitution.
About Ladakh
- Ladakh is a region in the northernmost part of India, bordering China and Pakistan.
- The region is home to several ethnic groups, including the Ladakhi people, who are predominantly Buddhist.
Demand for Sixth Schedule in Ladakh
- There has been a demand from the local tribal communities in Ladakh to extend the provisions of the Sixth Schedule to the region.
- The demand has been primarily driven by concerns over the protection of tribal rights and the preservation of the unique cultural identity of the local communities.
Current administration in Ladakh
- Ladakh was granted Union Territory status in 2019, following the bifurcation of the state of Jammu and Kashmir into two separate Union Territories.
- The administration of Ladakh is currently governed by the Lieutenant Governor of Ladakh and an elected Ladakh Autonomous Hill Development Council (LAHDC).
Benefits of Sixth Schedule in Ladakh
- Meeting tribal aspiration: The Parliamentary standing committee recommended including of Ladakh in the Sixth Schedule because its tribal communities account for 79.61% of its total population.
- Autonomy and self-governance: The extension of the Sixth Schedule to Ladakh could provide greater autonomy and self-governance to the local tribal communities.
- Cultural preservation: It could also help to protect the unique cultural identity of the local communities and preserve their traditional practices and customs.
Challenges to this demand
- No further fragmentation: The demand to extend the Sixth Schedule to Ladakh has faced some opposition from certain quarters, who argue that it could lead to further fragmentation of the region and create new administrative challenges.
- Losing political capital: There are also concerns over the potential impact of the demand on the political and administrative structure of the region.
Conclusion
- Overall, the demand to extend the provisions of the Sixth Schedule to Ladakh is a complex issue that requires careful consideration of the needs and aspirations of the local tribal communities, as well as the broader political and administrative context of the region.
Back2Basics: Sixth Schedule of Indian Constitution
Here’s a summary of the Sixth Schedule of the Indian Constitution: Areas covered
Autonomous district councils
Composition of district councils
Powers of district councils
Protection of tribal rights
|
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J&K – The issues around the state
Ladakh and the Sixth Schedule
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ladakh, Sixth Schedule
Mains level: Read the attached story
A Ladakhi innovator and engineer completed his five-day “climate fast”, in an effort to draw the attention of leaders to the region’s fragile ecology and to secure its protection under the Sixth Schedule of the Constitution.
Fast for Ladakh’s Fragile Ecology
- The fast highlights that Ladakh’s ecology is highly sensitive to climate change, with melting glaciers posing significant risks to the region’s flora, fauna, and people.
- As a cold desert, Ladakh relies on glaciers to fulfil water needs.
- However, melting glaciers cause the loss of potable water, threaten agriculture practices, erode sustainable practices, and force locals to migrate.
About Ladakh
- Ladakh is a region in the northernmost part of India, bordering China and Pakistan.
- The region is home to several ethnic groups, including the Ladakhi people, who are predominantly Buddhist.
Demand for Sixth Schedule in Ladakh
- There has been a demand from the local tribal communities in Ladakh to extend the provisions of the Sixth Schedule to the region.
- The demand has been primarily driven by concerns over the protection of tribal rights and the preservation of the unique cultural identity of the local communities.
Current administration in Ladakh
- Ladakh was granted Union Territory status in 2019, following the bifurcation of the state of Jammu and Kashmir into two separate Union Territories.
- The administration of Ladakh is currently governed by the Lieutenant Governor of Ladakh and an elected Ladakh Autonomous Hill Development Council (LAHDC).
Benefits of Sixth Schedule in Ladakh
- Meeting tribal aspiration: The Parliamentary standing committee recommended including of Ladakh in the Sixth Schedule because its tribal communities account for 79.61% of its total population.
- Autonomy and self-governance: The extension of the Sixth Schedule to Ladakh could provide greater autonomy and self-governance to the local tribal communities.
- Cultural preservation: It could also help to protect the unique cultural identity of the local communities and preserve their traditional practices and customs.
Challenges to this demand
- No further fragmentation: The demand to extend the Sixth Schedule to Ladakh has faced some opposition from certain quarters, who argue that it could lead to further fragmentation of the region and create new administrative challenges.
- Losing political capital: There are also concerns over the potential impact of the demand on the political and administrative structure of the region.
Conclusion
- Overall, the demand to extend the provisions of the Sixth Schedule to Ladakh is a complex issue that requires careful consideration of the needs and aspirations of the local tribal communities, as well as the broader political and administrative context of the region.
Back2Basics: Sixth Schedule of Indian Constitution
Here’s a summary of the Sixth Schedule of the Indian Constitution: Areas covered
Autonomous district councils
Composition of district councils
Powers of district councils
Protection of tribal rights
|
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J&K – The issues around the state
Sixth Schedule and Ladakh
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Sixth Schedule
Mains level: Read the attached story
A high-powered committee to ensure protection of land and employment for the people of Ladakh does not address the demand for inclusion of State under the Sixth Schedule of the Constitution.
What is the Sixth Schedule?
- The Sixth Schedule under Article 244 provides for the formation of autonomous administrative divisions — Autonomous District Councils (ADCs).
- ADCs have some legislative, judicial, and administrative autonomy within a state.
- The Sixth Schedule applies to the NE states of Assam, Meghalaya, Mizoram (three Councils each), and Tripura (one Council).
Composition of ADCs
- ADCs have up to 30 members with a term of five years.
- It can make laws, rules and regulations with regard to land, forest, water, agriculture, village councils, health, sanitation, village- and town-level policing, inheritance, marriage and divorce, social customs and mining, etc.
- The Bodoland Territorial Council in Assam is an exception with more than 40 members and the right to make laws on 39 issues.
Why does Ladakh want to be part of the Sixth Schedule?
- Tribal populations: According to the 2011 Census, the tribal population in the UT of Ladakh is 79.61% of the total population.
- Local aspirations: There was much enthusiasm initially, mostly in Leh, after the repeal of Art. 370 which created two new UTs.
- Negligence in erstwhile J&K state: Buddhist-dominated Leh district had long demanded UT status because it felt neglected by the erstwhile state government.
- Denial of Legislature: The enthusiasm waned as it was understood that while the UT of J&K would have a legislature, the UT of Ladakh would not.
- Inadequate representation: The administration of the region is now completely in the hands of bureaucrats with only 1 MP.
- New domicile criteria: The changed domicile policy in Jammu and Kashmir has raised fears in the region about its own land, employment, demography, and cultural identity.
- Statehood demands: A coalition of social, religious, and political representatives in Leh and Kargil has demanded full statehood for Ladakh.
Cultural significance of Ladakh
- Ladakh is historically perceived as a cosmopolitan region with centuries of multiple cultural settings.
- It was an Asian pivot – the people here traversed diverse cultural boundaries and engaged with ideas.
Can Ladakh be included in Sixth Schedule?
- NCST Recommends: In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule.
- Distinct culture: It was predominantly tribal (more than 97%), people from other parts of the country had been restricted from purchasing or acquiring land there, and its distinct cultural heritage needed preservation.
Legal hurdles
- Fifth schedule as an alternative: The Constitution is very clear, Sixth Schedule is for the Northeast. For tribal areas in the rest of the country, there is the Fifth Schedule.
- Exclusive provision for NE: Notably, no region outside the Northeast has been included in the Sixth Schedule.
- Requires Constitutional Amendment: It remains the prerogative of the government. For this, a constitutional amendment is required.
Try this question from CSP 2015:
Q.The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to-
(a) Protect the interests of Scheduled Tribes
(b) Determine the boundaries between States
(c) Determine the powers, authority and responsibilities of Panchayats
(d) Protect the interests of all the Border States
Post your answers here.
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J&K – The issues around the state
Back in news: Gilgit-Baltistan
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Gilgit Baltistan
Mains level: Not Much
Defence Minister has said that the mission of full integration of Jammu & Kashmir that started on August 5, 2019 will be complete when Gilgit-Baltistan and areas of Pakistan-occupied Kashmir (PoK) will reunite with India.
Gilgit-Baltistan: How Pakistan occupied it?
- During the first Indo-Pak war of October 1947, Pakistan occupied 78,114 sq. km of the land of Jammu and Kashmir, including the ‘Northern Areas’.
- The Northern Areas is the other name of Gilgit-Baltistan (GB) that Pakistan has used for administrative reasons because it was a disputed territory.
- In 2020, it became the fifth State of Pakistan after Sindh, Punjab, Balochistan and Khyber Pakhtunkhwa.
GB through history
- The political nature of Gilgit-Baltistan has been directionless from the beginning.
- Pakistan initially governed the region directly from the central authority after it was separated from ‘Azad Jammu and Kashmir’ on April 28, 1949.
- On March 2, 1963, Pakistan gave away 5,180 sq km of the region to China, despite local protests.
- Under PM Zulfiqar Ali Bhutto, the name of the region was changed to the Federally Administered Northern Areas (FANA).
- Pakistan passed the Gilgit-Baltistan Empowerment and Self Governance Order in 2009, which granted “self-rule” to the ‘Northern Areas’.
Its geographical features
- It is home to K-2, the second-tallest mountain in the world.
- Tourism remains restricted by many factors, including military hostility, though the region has some of ancient Buddhist sculptures and rock edicts.
- It is also home to an old Shia community, which often finds itself subjected to persecution in Pakistan’s urban centers.
- At present, a Governor and an elected Chief Minister rule the region, which is divided into Gilgit, Skardu, Diamer, Astore, Ghanche, Ghizer and Hunza-Nagar.
Geographic significance of the region
- Geographic tri-junction of Himalaya, Hindu Kush and Pamir, GB possesses the most startling views of natural beauty.
- Apart from several high-altitude lakes, the region is also home to three of world’s longest glaciers outside of the polar region, including the world’s highest war field, the Siachen glacier.
Strategic importance of GB
- GB is home to some of the world’s most important and contentious strategic points capable of creating unremitting wars.
- The region holds extreme volatility and if gets subjected to desuetude can cause a ruckus in the entire regions of South Asia, Central Asia and China, ultimately affecting the entire world.
- The mountain province consists of 3 core divisions: Gilgit, Baltistan and Diamer.
- This region is further divided into 10 districts along with its Shaksgam valley – which was gifted to China by occupier Pakistan in 1963 border agreement – of 5,180 square km.
Economic Potential
- Home to valuable earthy resources, GB is rich in mineral deposits.
- These include metallic, non-metallic, energy minerals, precious stones and different rocks of industrial use.
- The southern areas of this region have substantial deposits of nickel, lead, copper and zircon.
- In its northern regions, it contains deposits of iron, silver, gold, garnet and topaz.
- Almost all of its mining potential is untapped and capable of generating ample wealth.
Chinese vested interest
- Gilgit-Baltistan is important for China as it is the gateway for the China Pakistan Economic Corridor (CPEC).
- Significantly, the ongoing stand-off with China at the LAC in Eastern Ladakh has a Gilgit-Baltistan connection.
- The Darbuk-Shyok-DBO road of India is viewed as a tactical roadway to access the Karakoram Pass, which provides China crucial access to Gilgit-Baltistan and Pakistan.
Why should India reclaim GB?
- Gilgit Baltistan is an integral part of Indian Territory illegally occupied by Pakistan.
- It is the key to the destruction of Chinese influence in South Asia; the string of China-Pakistan’s pearl necklace and also the Brahmastra for India against China.
- India controlling GB can turn out to be the worst nightmare for China and eventually for Pakistan
Can India take back the BG/POK?
- India can certainly get back POK, Gilgit-Baltistan as all of that territory belongs to India.
- However, military use could trigger a nuclear response from Pakistan as the trigger is in the hands of terrorists and the army.
- Diplomatic channels are another option but it will take too much time.
- Pakistan now is appearing to destabilize all way worse than Sri Lanka did. It might collapse some day in near future.
Try this PYQ:
If you travel through the Himalayas, you are likely to see which of the following plants naturally growing there?
- Oak
- Rhododendron
- Sandalwood
Select the correct option using the code given below:
(a) 1 and 2 only
(b) 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Post your answers here.
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J&K – The issues around the state
Kashmiri pandits
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: national integration
Context
- Recent events of targeted killings of Kashmiri pandits and other Hindus by the militants in the valley lead to the protests which once again brought forward the question of their right to return and the safety of minorities living in the valley
Who are the Kashmiri pandits?
- The Kashmiri Pandits are one of the highest ranked Brahman castes who are the natives of the valley, locally known as pundits.
- They were the minority in the valley comprising only 5% of the total population.
- Traditionally dependent on agriculture and small-scale business and one of the favored sections in the administration.
What is the conflict?
- Radical Islamists and militants started targeting the Kashmiri pundits putting in front the option of either of conversion or persecution.
- The Growth of militancy in the 1990s forced Kashmiri pandits to leave the valley in greater numbers. They started migrating to the other states, leaving every belonging behind and seeking refuge in other parts.
- While many of them started migrating some decided to stay back in their homeland.
- Conflict arose between radical Islamists organization and the Hindus leading to the mass killings of the Kashmiri Hindus in waves which is termed as exodus.
What has been done so far?
- After the Pandit exodus from the Valley in the 1990s, the first few years of this century saw government efforts to send Pandits back to the Valley.
- Under the Prime Minister’s return and rehabilitation of Kashmir migrants scheme, created government postings in the Valley for Kashmiri Pandit “migrant” youth.
- Mostly, teachers and these government employees have lived in protected high security enclaves, but their work requires them to leave these enclaves and mingle with the rest of the population. Another segment, known as “non-migrant” Pandits because they never left the Valley, has lived in their own homes, without state-provided protection.
What is CDR?
- Centre for dialogue and reconciliation (CDR) is a Delhi-based think-tank incorporated in March 2001, aims to be a catalyst for peace in South Asia.
- CDR working for the peace-building process in Jammu Kashmir, supported the initiative of dialogue between the two communities as a part of self-assessment, acknowledging the mistakes.
What did CDR do in Kashmir?
- CDR supported the initiative for a dialogue proposed by two prominent young Kashmiris one a Muslim and the other a Pandit both who have witnessed the violence of 1990 and the subsequent years.
- They believe in the principle of talking could lead to healing.
- It led to CDR’s ‘Shared Witness’, a Pandit-Muslim dialogue series, in December 2010.
- Public intellectuals and other influential persons from both communities were participants
Observations of the dialogue
- The dialogue series coincided with the launching of the Prime Minister’s job scheme.
- Dialogues created a social environment that enabled Kashmiri Pandits to take up government postings in the Valley.
- They focused on the events in and around 1990, and the incidents that triggered the displacement of the Pandit community.
- By the third dialogue, participants were sharing individual experiences that did not fit into the narrative that each community had built about the other.
- The process of the conversation lead them to think on the actual reason behind the conflict, was it communal differences, or was it only religion?
From the eyes of the pandits
- Pandits were aggrieved that the Muslims did not protest the Pandit killings, not even when the killers claimed them. That greater responsibility lay with the Muslims as they were the majority.
- If some social organizations had acted quickly, the exodus could have been stopped.
- They observed that the Pandit community too had suffered from a lack of leadership.
- They demand an apology and to set up of possible “Truth commission”
What do the Muslims say?
- The Muslim participants felt the Pandits were in denial of the struggle of the Muslims in the Valley, who were facing violence from the system.
- The Kashmiri Muslim was always portrayed as being misguided, aided, and abetted by Pakistan.
- The protest in Kashmir was not against religion but against structures of power and oppression.
What is the Current situation?
- The fresh spate of targeted killings of Kashmir pandits created an environment of fear and provided a major setback to their rehabilitation in the Kashmir valley.
Way ahead:
- We need urgent civil society engagement between communities in Kashmir once again.
- The government can enable it, but individuals and civil society will need to create conditions on the ground. They will have to encourage people to give up the blame game.
Mains question
Q. Dialogue can bring peace in Kashmir valley. Critically examine.
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J&K – The issues around the state
Kashmir Voters’ List Upgrade to include Non-Locals
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Voter List
Mains level: Election reforms in Jammu and Kashmir
Kashmir Voters’ List Upgrade to include Non-Locals
Recently the J&K Chief Electoral Officer (CEO) announced that anyone “who is living ordinarily in J&K” can avail the opportunity to get enlisted as a voter in the Union Territory in accordance with the provisions of the Representation of the People Act.
Why in news?
- Many people who were not enlisted as voters in the erstwhile State of J&K are now eligible to vote after the reading down of Article 370 on August 5, 2019.
- The Election Commission of India (ECI) was expecting an addition of 20-25 lakh new voters in the final list in J&K.
- This has created furore among the out-streamed politicians of the erstwhile state.
What did the EC announce?
- There is no need to have a domicile certificate of J&K to become a voter.
- An employee, a student, a labourer or anyone from outside who is living ordinarily in J&K can enlist his or her name in the voting list.
- Around 25 lakh new voters are expected to be enrolled in J&K, which has 76 lakh voters on the list. The projected 18-plus population of J&K was around 98 lakh.
- After the abrogation of special provisions of Article 370, the Representation of the People Act 1950 and 1951 is applicable in J&K, which allows ordinarily residing persons to get registered in the electoral rolls of J&K.
New Voters in J&K
- Armed forces posted in J&K could also register as voters and could possibly participate in the first ever Assembly polls in the youngest Union Territory (UT) of the country.
- The existing electoral roll is being mapped into the newly delimited Assembly constituencies as per the Delimitation Commission’s final order made applicable by the Union Law Ministry.
Why are electoral rolls being revised?
- The ECI is working on fresh electoral rolls in J&K after the J&K Delimitation Commission carved out seven new Assembly constituencies in the UT earlier this year.
- The Delimitation Commission has re-drawn many constituencies and fresh electoral rolls are essential to prepare the ground for any announcement of elections in J&K.
- The last Assembly elections took place long back in 2014.
- In a latest move, the ECI has decided that it will also include any person who has attained the age of 18 years on or before October 1, 2022 in the fresh electoral rolls.
- The final electoral roll would be published in November.
Why such move?
- Prior to August 5, 2019 when J&K had special constitutional powers, the Assembly electoral rolls in the State were drawn up according to the separate J&K Representation of the People Act 1957.
- Therein only permanent residents of J&K were eligible to get registered in the Assembly rolls.
- To get voting rights, Permanent Resident Certificate and domicile certificates had to be shown.
- Several lakh residents from West Pakistan and Pakistan Occupied Kashmir, who had migrated to J&K and were living there for decades,
- They had no voting rights in Assembly elections till August 5, 2019 but were able to vote in the parliamentary elections.
Why has the ECI announcement caused a furore?
- All pseudo liberal and fundamentalist political parties in J&K have reacted sharply to the ECI announcement.
- J&K’s main regional parties also called Gupkar parties have expressed concerns that the move will open the floodgates and turn locals into an electoral minority.
- Separatists expressed concern that there was a plan to bring 25 lakh non-locals and make them eligible to cast their votes in the next J&K elections.
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J&K – The issues around the state
UN appoints new leader of UNMOGIP
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UNMOGIP
Mains level: Internationalization of Kashmir Issue
The United Nations (UN) has appointed Rear Admiral Guillermo Pablo Rios of Argentina as the Head of Mission and Chief Military Observer for the United Nations Military Observer Group in India and Pakistan (UNMOGIP).
What is UNMOGIP?
- The first group of UN military observers arrived in the mission area on 24 January of 1949 to supervise the ceasefire between India and Pakistan in the Indian state of Jammu and Kashmir.
- These observers, under the command of the Military Adviser appointed by the UN Secretary-General, formed the nucleus of the United Nations Military Observer Group in India and Pakistan (UNMOGIP).
Functions of UNMOGIP
- Following renewed hostilities of 1971, UNMOGIP has remained in the area to observe developments pertaining to the strict observance of the ceasefire of 17 December 1971 and report thereon to the UN Secretary-General.
- The Karachi Agreement of July 1949 firmed up the role of UN-level military observers and permitted supervision of the Ceasefire Line established in Jammu and Kashmir.
Indian contentions with UNMOGIP
- India has not officially gone to the UNMOGIP since 1972 with complaints against Pakistan.
- India officially maintains that the UNMOGIP’s role was “overtaken” by the Simla Agreement of 1972 that established the Line of Control or the LoC.
- This with minor deviations followed the earlier Ceasefire Line.
- Pakistan, however, did not accept the Indian argument and continued to seek cooperation from the UNMOGIP.
- As a result of these divergent policies, Pakistan continues to lodge complaints with the UNMOGIP against alleged Indian ceasefire violations.
Substantiation of India’s stance
- Since the Simla Agreement of 1972, India has adopted a non-recognition policy towards third parties in their bilateral exchanges with Pakistan over the question regarding the state of Jammu and Kashmir.
- Kashmir and the Pakistan-sponsored terrorism within now is largely an internal matter of India.
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J&K – The issues around the state
MEA lashes OIC for remark on Kashmir
Note4Students
From UPSC perspective, the following things are important :
Prelims level: OIC
Mains level: Not Much
Context: India has said the statement by the Organisation for Islamic Cooperation on Jammu and Kashmir “reeked of bigotry”.
What did the MEA say?
- The Ministry of External Affairs said the Saudi Arabia -based OIC continued to issue statements on J&K at the behest of a serial violator of human rights and notorious promoter of terrorism, indicating Pakistan.
What is OIC?
- The OIC — formerly Organisation of the Islamic Conference — is the world’s second-largest inter-governmental organization after the UN, with a membership of 57 states.
- The OIC’s stated objective is “to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world”.
- OIC has reserved membership for Muslim-majority countries. Russia, Thailand, and a couple of other small countries have Observer status.
India and OIC
- At the 45th session of the Foreign Ministers’ Summit in 2018, Bangladesh suggested that India, where more than 10% of the world’s Muslims live, should be given Observer status.
- In 1969, India was dis-invited from the Conference of Islamic Countries in Rabat, Morocco at Pakistan’s behest.
- Then Agriculture Minister Fakhruddin Ali Ahmed was dis-invited upon arrival in Morocco after Pakistan President Yahya Khan lobbied against Indian participation.
Recent developments
- In 2019, India made its maiden appearance at the OIC Foreign Ministers’ meeting in Abu Dhabi, as a “guest of honor”.
- This first-time invitation was seen as a diplomatic victory for New Delhi, especially at a time of heightened tensions with Pakistan following the Pulwama attack.
- Pakistan had opposed the invitation to Swaraj and it boycotted the plenary after the UAE turned down its demand to rescind the invitation.
What is the OIC’s stand on Kashmir?
- It has been generally supportive of Pakistan’s stand on Kashmir and has issued statements criticizing India.
- Last year, after India revoked Article 370 in Kashmir, Pakistan lobbied with the OIC for their condemnation of the move.
- To Pakistan’s surprise, Saudi Arabia and the UAE — both top leaders among the Muslim countries — issued nuanced statements, and were not as harshly critical of New Delhi as Islamabad had hoped.
- Since then, Islamabad has tried to rouse sentiments among the Islamic countries, but only a handful of them — Turkey and Malaysia — publicly criticized India.
How has India been responding?
- India has consistently underlined that J&K is an integral part of India and is a matter strictly internal to India.
- The strength with which India has made this assertion has varied slightly at times, but never the core message.
- It has maintained its “consistent and well-known” stand that the OIC had no locus standi.
- This time, India went a step ahead and said the grouping continues to allow itself to be used by a certain country “which has a record on religious tolerance, radicalism, and persecution of minorities”.
OIC members and India
- Individually, India has good relations with almost all member nations. Ties with the UAE and Saudi Arabia, especially, have looked up significantly in recent years.
- The OIC includes two of India’s close neighbors, Bangladesh and Maldives.
- Indian diplomats say both countries privately admit they do not want to complicate their bilateral ties with India on Kashmir but play along with OIC.
Way ahead
- India now sees the duality of the OIC as untenable, since many of these countries have good bilateral ties and convey to India to ignore OIC statements.
- But these countries sign off on the joint statements which are largely drafted by Pakistan.
- India feels it important to challenge the double-speak since Pakistan’s campaign and currency on the Kashmir issue has hardly any takers in the international community.
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J&K – The issues around the state
With delimitation over, a look at the slate for J&K
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Delimitation for Jammu and Kashmir Assembly
Context
Fresh delimitation was necessary for Jammu and Kashmir since the State had been divided into two Union Territories and elections could only be held under the Jammu and Kashmir Reorganisation Act, 2019.
Issues with the report of the Delimitation Commission
- The central question of why Jammu has gained six Assembly seats and the Valley only one has been brushed under general remarks on methodology with no explanation of how that methodology was applied.
- Nor does it explain why Jammu’s Muslim-majority seats now comprise less than a quarter of the province’s total seats, though Muslims comprise over a third of the province’s population.
- The commission’s recommendations further complicate the issue.
- They propose that the President nominate Pandit migrants to two Assembly seats — why is there no reference to Pandits who remain in the Valley?
- Indeed, the only overarching guideline which the report does describe in some detail is the commission’s desire to match the boundaries of Assembly and parliamentary constituencies.
- Most of these questions were addressed to the commission during its consultation phase.
- By choosing not to do so they lost a valuable opportunity to display transparency and dispel suspicion of bias.
Way forward
- The only hope for a peace process in Jammu and Kashmir is if there is a clean election, statehood is speedily restored, and the new Assembly determines whether or in which form special status is required.
- The better option is to hold elections for existing constituencies and let the new assembly approve or query the delimitation report.
- In fact, the commission itself proposed that the report be placed before the legislative assembly, a recommendation that makes sense only if new delimitation comes into force after and not before elections.
- Urgent as elections are, attention to fundamental freedoms is even more important.
Conclusion
The peace process in Jammu and Kashmir needs to address the concerns of the people related to the restoration of statehood, and clean elections.
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J&K – The issues around the state
Panel notifies new J&K Assembly Constituencies
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Delimitation of constituencies
Mains level: Abrogation of Art. 370 and Ladakh
The Jammu and Kashmir Delimitation Commission has notified the new boundaries, names and number of Assembly constituencies in Jammu and Kashmir, paving the way for the first-ever Assembly election in the Union Territory.
What is Delimitation and why is it needed?
- Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time.
- The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India.
- This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
- The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
- Aside from changing the limits of a constituency, the process may result in a change in the number of seats in a state.
How is it carried out?
- Under Article 82, the Parliament enacts a Delimitation Act after every Census.
- Article 170 provides that States also get divided into territorial constituencies as per Delimitation Act after every Census.
- Once the Act is in force, the Union government sets up a Delimitation Commission.
- The first delimitation exercise was carried out by the President (with the help of the Election Commission) in 1950-51.
- The Delimitation Commission Act was enacted in 1952.
- Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.
- There was no delimitation after the 1981 and 1991 Censuses.
Delimitation in J&K
- Assembly seats in J&K were delimited in 1963, 1973 and 1995.
- Prior to August 5, 2019, carving out of J&K’s Assembly seats was carried out under the J&K Constitution and Jammu and Kashmir Representation of the People Act, 1957.
- Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India.
- However, the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
- There was no census in the state in 1991 and hence no Delimitation Commission was set up by the state until 2001 census.
Why is it in the news again?
- After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
- On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
- As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.
Next step: Assembly polls
- With the final order now notified, all eyes will be on the EC and the Union government regarding the timing of Assembly elections.
- Though mainstream parties in the Valley have criticised the report, it is likely that this will make space for political engagement in the UT.
What changes have been made?
- ASSEMBLY: The Commission has increased seven Assembly seats — six in Jammu (now 43 seats) and one in Kashmir (now 47). It has also made massive changes in the structure of the existing Assembly seats.
- LOK SABHA: The Commission has redrawn the boundaries of Anantnag and Jammu seats. Jammu’s Pir Panjal region, comprising Poonch and Rajouri districts and formerly part of Jammu parliamentary seat, has now been added to Anantnag seat in Kashmir. Also, a Shia-dominated region of Srinagar parliamentary constituency has been transferred to Baramulla constituency, also in the Valley.
- KASHMIRI PANDITS: The Commission has recommended provision of at least two members from the community of Kashmiri Migrants (Kashmiri Hindus) in the Legislative Assembly.
- Seats for POK migrants: It has also recommended that Centre should consider giving representation in the J&K Legislative Assembly to the displaced persons from Pakistan-occupied Kashmir, who migrated to Jammu after Partition.
Why has the exercise been controversial?
- Jammu vs. Kashmir: Concerns had been expressed over how the delimitation process may end up favoring the Jammu region over Kashmir in terms of the seats.
- Under-representation of Ladakh: Arguments have been made on how Ladakh has been underrepresented, with demands for statehood/sixth schedule.
- Non-proportionate reservations: It is argued that seats for STs should’ve been divided in both Jammu province & Kashmir province, as the ST population is almost equal.
- Frozen till 2026: Constituency boundaries are being redrawn only in J&K when delimitation for the rest of the country has been frozen until 2026. The last delimitation exercise in J&K was carried out in 1995.
- Issue over reorganization: Again, political parties in Jammu and Kashmir have been pointing out that the Delimitation Commission is mandated by the Reorganisation Act, which is sub judice.
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J&K – The issues around the state
Delimitation of Constituencies in Jammu and Kashmir
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Delimitation of constituencies
Mains level: Jammu and Kashmir after reorganization
Members of the Jammu & Kashmir Delimitation Commission faced protests in Jammu as they embarked on a two-day visit to hold consultations with citizens, civil society groups and political parties.
What is Delimitation and why is it needed?
- Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time.
- This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
- The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
- Aside from changing the limits of a constituency, the process may result in a change in the number of seats in a state.
Delimitation in J&K
- Assembly seats in J&K were delimited in 1963, 1973 and 1995.
- Prior to August 5, 2019, carving out of J&K’s Assembly seats was carried out under the J&K Constitution and Jammu and Kashmir Representation of the People Act, 1957.
- Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India.
- However, the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
- There was no census in the state in 1991 and hence no Delimitation Commission was set up by the state until 2001 census.
Why is it in the news again?
- After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
- On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
- As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.
Factors considered during Delimitation
- The number of districts had increased from 12 to 20 and tehsils from 52 to 207 since the last delimitation.
- The population density ranged from 29 persons a square km in Kishtwar to 3,436 persons a square km in Srinagar.
- The remoteness of the place, inaccessibility etc are also considered during the exercise.
Concerns raised over Delimitation
- Jammu vs. Kashmir: Concerns had been expressed over how the delimitation process may end up favoring the Jammu region over Kashmir in terms of the seats.
- Under-representation of Ladakh: Arguments have been made on how Ladakh has been underrepresented, with demands for statehood/sixth schedule.
- Non-proportionate reservations: It is argued that seats for STs should’ve been divided in both Jammu province & Kashmir province, as the ST population is almost equal.
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J&K – The issues around the state
When Nehru took Pak to the UN over Kashmir in 1947?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Internationalization of Kashmir Issue
Finance Minister sought to remind Parliament that it was the country’s first Prime Minister, Jawaharlal Nehru, who internationalized the Kashmir issue by taking it to the United Nations.
Kashmir at UN
- The United Nations has played an advisory role in maintaining peace and order in the Kashmir region soon after the independence of India and Pakistan in 1947.
- India took this matter to the UN Security Council, which passed resolution 39 (1948) and established the United Nations Commission for India and Pakistan (UNCIP) to investigate the issues and mediate between the two countries.
- Following the cease-fire of hostilities, it also established the United Nations Military Observer Group in India and Pakistan (UNMOGIP) to monitor the cease-fire line.
Why did Nehru agree to these terms?
- In December 1947, because the British perhaps suggested Nehru that this matter will not be resolved unless you take it to the UN.
- British were convinced that an intermediary was needed.
- Nehru, a loyalist to the British agreed upon the terms laid by Mountbatten.
- It was Nehru who first put forth the idea of a referendum under the aegis of UN soon after independence.
- There is evidence to believe Sardar Patel was uncomfortable with Nehru taking the matter to the UN, and thought it was a mistake.
Issue: Adventurism by Pakistan
- The discussions in the Security Council on our complaint of aggression by Pakistan in Jammu and Kashmir took a very unfavourable turn.
- Pakistan then succeeded, with the support of the British and American members creating a western bias against India.
- Pakistan is misusing this till date paving wave for third-party intervention.
- It is an issue which should not have gone to a global forum, it is essentially an Indian issue.
Article 35 of UN Charter
- There has been some debate on whether India chose the wrong path to approach the UN.
- In 2019, Home Minister said that had Nehru taken the matter to the UN under Article 51 of the UN Charter, instead of Article 35, the outcome could have been different.
- India pointed out that J&K had acceded to India, and that the “Government of India considered the giving of this assistance by Pakistan to be an act of aggression against India.
- Articles 33-38 of the UN Charter occur in Chapter 6, titled “Pacific (peaceful) Settlement of Disputes” :
These Articles lay out that:
- the parties to a dispute that has the potential for endangering international peace and security are not able to resolve the matter through negotiations between them, or by any other peaceful means, or with the help of a “regional agency”
- the Security Council may step in, with or without the invitation of one or another of the involved parties, and recommend “appropriate procedures or methods of recommendation”
- Article 35 only says that any member of the UN may take a dispute to the Security Council or General Assembly
- Article 51, which occurs in Chapter 7, titled “Action With Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression”
- It says that a UN member has the inherent right of individual or collective self-defence if attacked
Issues with the internationalization of Kashmir
- Kashmir issue no longer remains bilateral; it has thus been internationalized.
- However, India has been successful in perhaps internationalizing terrorism but not the Kashmir problem.
- But unwarranted statements against India’s sovereign concerns are increasing these days.
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J&K – The issues around the state
Setting right the focal point of Jammu and Kashmir tribal politics
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 332
Mains level: Paper 2- Reservation for STs in Jammu and Kashmir
Context
The Jammu and Kashmir Delimitation Commission has recently shared its interim report. One of the salient features of the report is the proposed reservation of nine seats for Scheduled Tribes (ST).
Reservation for STs in Legislative Assembly
- It is for the first time that seats have been reserved for the ST community in the Legislative Assembly of J&K.
- The commission has also proposed reserving seven seats for Scheduled Castes (SCs).
- In the erstwhile Legislative Assembly, there were also seven seats reserved for SCs, but there was no such reservation for STs.
- This denial of constitutionally guaranteed reservation under Article 332 post-1991 when four communities (the Gujjars, Bakerwals, Gaddis and Sippis) were granted ST status is a pointer to the harsh reality that discrimination has largely been deliberate.
Issue of reservation for STs in J&K
- No role of Article 370: Nothing in Article 370 has prevented the provision of political reservation to STs or extension of the Forest Rights Act (FRA), 2006 to J&K.
- The presence of Article 370 has often been given as a reason for the absence of reservation for the tribals in J&K though this is untrue.
- Reservation for SCs: SCs in J&K had reservations even before the dilution of Article 370, and it was provided under the J&K Constitution.
- This lack of political will stemmed from an unwillingness to share power with groups ethnically and culturally different from both Dogras and the Kashmiris, the two predominant power groups in J&K.
What has changed now?
- The dilution of Article 370 on August 5, 2019, and the subsequent Jammu and Kashmir Reorganisation Act, 2019 changed political dynamics in the region.
- As far as tribals are concerned, it promised them political reservation under Article 332 and led to the extension of the Forest Rights Act, 2006.
- Essentially, it has changed the nature of tribal politics in J&K as well, which had largely centered around these two major objectives.
Way forward
- Economic and social empowerment: The focus of tribal politics has to shift toward the economic and social empowerment of tribal communities.
- Implementation of the Forest Rights Act has to be a major issue as it has the potential to significantly empower these communities.
- The political mobilization of STs began many years ago, and the interim report has thrown up new challenges before STs than merely empowering them.
- Awareness: It will not change after reservation unless there is an awareness and conscious attempt by the leadership to prioritize tribal interests over party politics.
- Political relevance: The tendency to limit tribal politics to Rajouri and Poonch (which the interim report has also done) is the extension of past practice though the reality is that more than 68% of the ST population lives outside these districts.
- Political relevance is a major challenge that tribal politics in J&K faces.
- Community leaders, especially tribal youth, need to understand the significance of the tribal vote.
- Tribal politics also have to address the political, social, and economic empowerment of marginal tribes such as the Bakerwals, Gaddis and Sippis.
- Women empowerment: Women have to play a major role in tribal politics, and their participation and leadership have to be made feasible and suitably promoted.
- They have proven their leadership in the District Development Council (DDC) elections, and it needs to be strengthened further.
Conclusion
The focus of tribal politics has to shift toward the economic and social empowerment of tribal communities, with a special focus on the effective implementation of welfare schemes and policies for STs in J&K.
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J&K – The issues around the state
Jammu and Kashmir Delimitation Commission likely to get another extension
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Delimitation of constituencies
Mains level: Delimitation in Jammu and Kashmir
The J&K Delimitation Commission is likely to get a second extension of its term this month.
What is Delimitation and why is it needed?
- Delimitation is the act of redrawing boundaries of an assembly or Lok Sabha seat to represent changes in population over time.
- This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
- The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
- Aside from changing the limits of a constituency, the process may result in a change in the number of seats in a state.
Delimitation in J&K
- Assembly seats in J&K were delimited in 1963, 1973 and 1995.
- Prior to August 5, 2019, carving out of J&K’s Assembly seats was carried out under the J&K Constitution and Jammu and Kashmir Representation of the People Act, 1957.
- Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India.
- However, the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
- There was no census in the state in 1991 and hence no Delimitation Commission was set up by the state until 2001 census.
Why is it in the news again?
- After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
- On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
- As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.
Factors considered during Delimitation
- The number of districts had increased from 12 to 20 and tehsils from 52 to 207 since the last delimitation.
- The population density ranged from 29 persons a square km in Kishtwar to 3,436 persons a square km in Srinagar.
- The remoteness of the place, inaccessibility etc are also considered during the exercise.
Concerns raised over Delimitation
- Jammu vs. Kashmir: Concerns had been expressed over how the delimitation process may end up favoring the Jammu region over Kashmir in terms of the seats.
- Under-representation of Ladakh: Arguments have been made on how Ladakh has been underrepresented, with demands for statehood/sixth schedule.
- Non-proportionate reservations: It is argued that seats for STs should’ve been divided in both Jammu province & Kashmir province, as the ST population is almost equal.
Do not forget to answer this PYQ in the comment box:
Q.With reference to the Delimitation Commission, consider the following statements:
- The orders of the Delimitation Commission cannot be challenged in a Court of Law.
- When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot affect any modifications in the orders.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Post your answers here:
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J&K – The issues around the state
Impact of Reorganisation Act on Ladakh’s autonomy
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 370
Mains level: Paper 2- J and K issue
Context
The article deal with the impact of the passage of the Jammu and Kashmir Reorganisation Act of 2019 on Ladakh’s autonomy or participatory democracy.
What has changed?
- Hill Councils: The Autonomous Hill Development Councils of Leh and Kargil read along with the framework of J&K’s special status and its bicameral legislative system gave Ladakh autonomy and participatory democracy.
- The Hill Councils had the powers over land in Ladakh while the majority of the bigger concerns regarding land remained protected under Article 370 and J&K’s robust land protection laws.
- Power to recruit the officers: Gazetted officers were recruited through the State Public Service Commission.
- The District Service Selection Board made recruitments at the district level.
- But today, there is no Public Service Commission in Ladakh and the Hill Councils’ power to make recruitments at the district level has also been affected by the Lieutenant Governor (LG)’s presence.
- No law to protect the jobs: Technically, there also exists no law in Ladakh now that protects the land or even the jobs.
- Loss of representation: the Reorganisation Act has taken away the six seats of the Members of Legislative Assembly and the Legislative Council and wakened the functioning of the Hill Councils.
- The only elected representation from Ladakh outside of Ladakh is a lone MP.
Conclusion
Steps need to be taken to address the issues related to the lack of representation in Ladakh in the wake of the passage of the Reorganisation Act of 2019.
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J&K – The issues around the state
Jammu and Kashmir Delimitation Commission
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Delimitation of constituencies
Mains level: Jammu and Kashmir after reorganization
The J&K Delimitation Commission has proposed to increase six seats for the Jammu division and one for the Kashmir division evoking sharp reactions from the regional parties.
What is Delimitation and why is it needed?
- Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time.
- This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
- The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
- Aside from changing the limits of a constituency, the process may result in a change in the number of seats in a state.
Delimitation in J&K
- Assembly seats in J&K were delimited in 1963, 1973 and 1995.
- Prior to August 5, 2019, carving out of J&K’s Assembly seats was carried out under the J&K Constitution and Jammu and Kashmir Representation of the People Act, 1957.
- Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India.
- However, the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
- There was no census in the state in 1991 and hence no Delimitation Commission was set up by the state until 2001 census.
Why is it in the news again?
- After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
- On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
- As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.
Factors considered during Delimitation
- The number of districts had increased from 12 to 20 and tehsils from 52 to 207 since the last delimitation.
- The population density ranged from 29 persons a square km in Kishtwar to 3,436 persons a square km in Srinagar.
- The remoteness of the place, inaccessibility etc are also considered during the exercise.
What’s new?
Ans. Reserved constituencies for SC/STs
- For the first time, in Jammu and Kashmir, nine seats are proposed to be allocated for Scheduled Tribes out of 90 seats on the basis of population.
- Seven seats are proposed for Scheduled Castes.
Concerns raised over Delimitation
- Jammu vs. Kashmir: Concerns had been expressed over how the delimitation process may end up favoring the Jammu region over Kashmir in terms of the seats.
- Under-representation of Ladakh: Arguments have been made on how Ladakh has been underrepresented, with demands for statehood/sixth schedule.
- Non-proportionate reservations: It is argued that seats for STs should’ve been divided in both Jammu province & Kashmir province, as the ST population is almost equal.
Do not forget to answer this PYQ in the comment box:
Q.With reference to the Delimitation Commission, consider the following statements:
- The orders of the Delimitation Commission cannot be challenged in a Court of Law.
- When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot affect any modifications in the orders.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Post your answers here:
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J&K – The issues around the state
A case for in inclusion of Ladakh under Sixth Schedule
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Autonomous districts, Sixth Schedule
Mains level: Abrogation of Art. 370 and Ladakh
A ruling party MP from Ladakh has demanded that the region be included in the Sixth Schedule of the Constitution to safeguard land, employment, and cultural identity of the local population.
What is the Sixth Schedule?
- The Sixth Schedule under Article 244 provides for the formation of autonomous administrative divisions — Autonomous District Councils (ADCs).
- ADCs have some legislative, judicial, and administrative autonomy within a state.
- The Sixth Schedule applies to the NE states of Assam, Meghalaya, Mizoram (three Councils each), and Tripura (one Council).
Composition of ADCs
- ADCs have up to 30 members with a term of five years.
- It can make laws, rules and regulations with regard to land, forest, water, agriculture, village councils, health, sanitation, village- and town-level policing, inheritance, marriage and divorce, social customs and mining, etc.
- The Bodoland Territorial Council in Assam is an exception with more than 40 members and the right to make laws on 39 issues.
Why does Ladakh want to be part of the Sixth Schedule?
- Local aspirations: There was much enthusiasm initially, mostly in Leh, after the repeal of Art. 370 which created two new UTs.
- Negligence in erstwhile J&K state: Buddhist-dominated Leh district had long demanded UT status because it felt neglected by the erstwhile state government.
- Denial of Legislature: The enthusiasm waned as it was understood that while the UT of J&K would have a legislature, the UT of Ladakh would not.
- Inadequate representation: The administration of the region is now completely in the hands of bureaucrats with only 1 MP.
- New domicile criteria: The changed domicile policy in Jammu and Kashmir has raised fears in the region about its own land, employment, demography, and cultural identity.
- Statehood demands: A coalition of social, religious, and political representatives in Leh and Kargil has demanded full statehood for Ladakh.
Cultural significance of Ladakh
- Ladakh is historically perceived as a cosmopolitan region with centuries of multiple cultural settings.
- It was an Asian pivot – the people here traversed diverse cultural boundaries and engaged with ideas.
Can Ladakh be included in Sixth Schedule?
- NCST Recommends: In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule.
- Distinct culture: It was predominantly tribal (more than 97%), people from other parts of the country had been restricted from purchasing or acquiring land there, and its distinct cultural heritage needed preservation.
Legal hurdles
- Fifth schedule as an alternative: The Constitution is very clear, Sixth Schedule is for the Northeast. For tribal areas in the rest of the country, there is the Fifth Schedule.
- Exclusive provision for NE: Notably, no region outside the Northeast has been included in the Sixth Schedule.
- Requires Constitutional Amendment: It remains the prerogative of the government. For this, a constitutional amendment is required.
Government’s response in this regard
- The Centre woke up to the anxieties of the region when, a year after the abrogation of Article 370, when all political parties announced a boycott of the LAHDC-Leh elections.
- The political factions in Ladakh were promised “Sixth Schedule-like” protections by the Home Minister.
- The MHA has in Jan announced that a committee under then MoS Home G Kishan Reddy would be formed to address the issues related to language of Ladakh, culture of Ladakh and conservation of land in Ladakh.
- It had assured representatives of Kargil and Leh that the government was committed to look into their concerns.
Try this question from CSP 2015:
Q.The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to-
(a) protect the interests of Scheduled Tribes
(b) determine the boundaries between States
(c) determine the powers, authority and responsibilities of Panchayats
(d) protect the interests of all the border States
Post your answers here.
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J&K – The issues around the state
2 years of Repeal of Article 370
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 370
Mains level: Paper 2- J and K after 2 years of repeal of Article 370
Context
Two years ago, India bid farewell to Articles 370 and 35 (A), marking the start of a new era in the politics of Jammu and Kashmir.
Assessing the impact of changes on five parameters
1) National unity
- Articles 370 and 35 (A) created an unnatural and unhealthy divide in our nation.
- For every law passed, every rule made, we had to ascertain whether it applied to J&K or not.
- Today, such distinctions are history, J&K has been fully integrated with the other states and Union Territories.
2) Democracy at the grass-root level
- A healthy culture of grassroots-level participation was absent.
- Panchayat polls held: One of the critical deliverables for J&K was to hold panchayat polls, which were finally held in 2020.
- This one step will go a long way in shaping the development paradigm in Jammu and Kashmir.
- Political activity has also picked up across Jammu and Kashmir.
- The Centre’s emphasis on a proper delimitation followed by full-fledged elections is in line with the commitments made to the people of Jammu and Kashmir.
3) Peace
- The third parameter is that of peace.
- The memories of 2008, 2010 and 2016 are still fresh in the minds of the people of Jammu and Kashmir.
- An effort was made to reignite such sparks of tension after the decisions on Article 370 and 35 (A) but the Valley as well as Jammu have remained peaceful.
4) People’s aspirations
- Jammu and Kashmir did not have RTI laws and its SC, ST and OBC communities were not able to get the benefits of reservation
- The fact that the most marginalised groups can now get reservation benefits is a major leap forward in fulfilling the aspirations of the people of J&K.
5) Economic growth
- The Valley is today abuzz with news of action against corruption in key departments and financial bodies in the state.
- Money being sent for public good was being misused by vested interest groups.
- The economic upliftment in the Valley began with the Prime Minister’s Package of 2015.
- This set the stage for extensive spending on physical and social infrastructure.
- With the going of 370 and 35 (A) there is great hope that tourism will pick up in the Valley.
- Incentives given to different sectors of the economy — be it saffron farmers or those who fish trout — combined with a largely peaceful environment is empowering many lives.
- With corruption and leakages drastically reduced, resources are reaching the intended beneficiaries.
Conclusion
The situation in Jammu and Kashmir was never easy. As we enter the Amrut Mahotsav, it is for us to see the new realities in J&K. The people of the state have got the wings to fly and, in the years to come, J&K will make even greater contributions to India’s growth and development.
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J&K – The issues around the state
Pakistan grants statehood to Gilgit-Baltistan
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Gilgit Baltistan
Mains level: Issues with PoK
Pakistan has finalized draft legislation to incorporate Gilgit-Baltistan, the region known before 2009 as Northern Areas, as a province of the country.
Gilgit-Baltistan: History of the region
- Gilgit was part of the princely state of Jammu & Kashmir but was ruled directly by the British, who had taken it on lease from Hari Singh, the Hindu ruler of the Muslim-majority state.
- When Hari Singh acceded to India on October 26, 1947, the Gilgit Scouts rose in rebellion, led by their British commander Major William Alexander Brown.
- The Gilgit Scouts also moved to take over Baltistan, which was then part of Ladakh, and captured Skardu, Kargil and Dras.
- In battles thereafter, Indian forces retook Kargil and Dras in August 1948.
Accession with Pakistan
- In November, 1947, a political outfit called the Revolutionary Council of Gilgit-Baltistan had proclaimed the independent state of Gilgit-Baltistan.
- It declared GB was acceding to Pakistan only to the extent of full administrative control, choosing to govern it directly under the Frontier Crimes Regulation.
- It was a law devised by the British to keep control of the restive tribal areas of the northwest.
- Following the India-Pakistan ceasefire of January 1, 1949, Pakistan entered into an agreement with the “provisional government” of “Azad Jammu & Kashmir”.
- Much of its parts had been occupied by Pakistani troops and irregulars and were later taken over by Pak defence and foreign affairs.
- Under this agreement, the AJK government also ceded administration of Gilgit-Baltistan to Pakistan.
Not being incorporated as a province
- In 1974, Pakistan adopted its first full-fledged civilian Constitution, which lists four provinces —Punjab, Sindh, Balochistan and Khyber Pakthunkhwa.
- Pakistan-Occupied Kashmir (PoK) and Gilgit-Baltistan were not incorporated as provinces.
- One reason ascribed to this is that Pakistan did not want to undermine its international case that the resolution of the Kashmir issue had to be in accordance with UN resolutions that called for a plebiscite.
- In 1975, PoK got its own Constitution, making it an ostensibly self-governed autonomous territory.
- This Constitution had no jurisdiction over the Northern Areas, which continued to be administered directly by Islamabad (the Frontier Crimes Regulation was discontinued in 1997)
- In reality, PoK too remained under the control of Pakistani federal administration and the security establishment, through the Kashmir Council.
Reasons behind
- The main difference was that while the people of PoK had rights and freedoms guaranteed by their own Constitution, which mirrors the Pakistan Constitution.
- However the people of the minority Shia-dominated Northern Areas did not have any political representation.
- Although they were considered Pakistani, including for citizenship and passports, they were outside the ambit of constitutional protections available to those in the four provinces and PoK.
Why GB is in focus now?
- Pakistan began considering changes to its administrative arrangements with increasing Chinese involvement in strategic development ventures.
- GB was vital to those projects, given that it provides only land access between the two countries.
- Since 2009, it has had a namesake legislative assembly.
Suppression of a movement
- There is anger against Pakistan for unleashing sectarian militant groups that target Shias, but the predominant sentiment is that all this will improve once they are part of the Pakistani federation.
- There is a small movement for independence, but it has very little traction. Some factions argue for its accession with India.
- While some reports have suggested that Pakistan’s decision is under pressure from China, wary that Gilgit-Baltistan’s ambiguous status might undermine the legality of its projects there.
Significance for India
- Gilgit-Baltistan is an integral part of India by virtue of the legal, complete and irrevocable accession of Jammu & Kashmir to the Union of India in 1947.
- The area’s strategic importance for India has increased in light of the China-Pakistan Economic Corridor agreement.
- India is also concerned of a two-front war (with China as well as Pakistan) after the standoff in Eastern Ladakh last year.
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J&K – The issues around the state
Delimitation of Jammu and Kashmir
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Delimitation of constituencies
Mains level: Jammu and Kashmir after reorganization
The Jammu and Kashmir Delimitation Commission has completed its consultation with various and stated that it would base its final report on the 2011 Census to add at least seven more seats to the 83-member Assembly of the erstwhile state.
Agenda for delimitation
- Delimitation will be conducted on the basis of the 2011 census report. This assumes significance because the last delimitation exercise was conducted 26 years ago in 1995, and that too was based on the census of 1981.
- Apart from the demographics indicated in the Census, the commission will also take into account practicality, geographical compatibility, topography, physical features, means of communication and convenience available.
- Twenty-four seats that are reserved for Pakistan-occupied Jammu and Kashmir (PoJK) would not be delimited in this process. This further makes the delimitation exercise relevant because some political parties argue, that this freeze has created inequity for the Jammu region.
- The commission will also specify the number of seats to be reserved for the SC and the ST communities in the UT. This is important because despite having a sizeable tribal population, no seats had ever been reserved in the past for the Scheduled Tribes in Jammu and Kashmir.
- A draft report will be prepared and put in the public domain for consensus and feedback. Only after the fresh comments, the final draft will be prepared.
What is Delimitation and why is it needed?
- Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time.
- This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
- The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
- Aside from changing the limits of a constituency, the process may result in a change in the number of seats in a state.
How often has delimitation been carried out in J&K?
- Delimitation exercises in J&K in the past have been slightly different from those in the rest of the country because of the region’s special status — which was scrapped by the Centre in August 2019.
- Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India, but the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
- Assembly seats in J&K were delimited in 1963, 1973 and 1995.
- The last exercise was conducted by the Justice (retired) K K Gupta Commission when the state was under President’s Rule and was based on the 1981 census, which formed the basis of the state elections in 1996.
- There was no census in the state in 1991 and no Delimitation Commission was set up by the state government after the 2001 census as the J&K Assembly passed a law putting a freeze until 2026.
Why is it in the news again?
- After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
- On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
- As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.
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J&K – The issues around the state
Issues in Ladakh after abolition of Art. 370
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Autonomous districts, Sixth Schedule
Mains level: Issues after reorganization of Jammu Kashmir
When Jammu and Kashmir were bifurcated into two UTs, Ladakh was seen welcoming the reorganization. However, different demands are coming from its two districts of Ladakh, Leh and Kargil.
Leh and Kargil, not alike
- The leaders from Kargil demanded that the district should remain part of J&K.
- The Leh-based Ladakh Buddhist Association has put forth its demand for an autonomous hill council under the Sixth Schedule, modelled on the lines of the Bodoland Territorial Council in Assam.
- But what Leh leaders did not bargain for was the complete loss of legislative powers.
- Earlier, the two districts each sent four representatives to the J&K legislature. After the changes, they were down to one legislator — their sole MP— with all powers vested in the UT bureaucracy.
- Unlike the UT of J&K, Ladakh was a UT without an assembly.
What are their concerns?
- What both Ladakh districts fear is the alienation of land, loss of identity, culture, language, and change in demography.
- They fear that it will follow their political disempowerment.
Hill Development Councils
- Leh and Kargil have separate Autonomous Hill Development Councils, set up under the Ladakh Autonomous Hill Development Councils Act, 1997.
- However, the AHDCs have no legislative powers.
- The councils are elected and have executive powers over the allotment, use and occupation of land vested in them by the Centre, and the powers to collect some local taxes, such as parking fees, taxes on shops etc.
- But the real powers are now wielded by the UT administration, which is seen as even more remote than the erstwhile state government of J&K.
What is the sixth schedule?
- The Sixth Schedule is a provision of Article 244(A) of the Constitution, originally meant for the creation of autonomous tribal regions in Assam, Meghalaya, Mizoram and Tripura.
- Hill councils under this provision have legislative powers.
Evolving demands
- But with no progress on Leh’s demand for Sixth Schedule protections, the Leh leadership has now upped its demands.
- Other issues under discussion are protections for language, culture, land and jobs, plus a long-standing demand for a route between Kargil and Skardu in territory under Pakistan in Gilgit- Baltistan.
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J&K – The issues around the state
Delimitation in Jammu and Kashmir: how, why
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Delimitation of constituencies
Mains level: Jammu and Kashmir after reorganization
The Union government’s invitation to 14 key political leaders from Jammu and Kashmir for a meeting with the PM has led to speculation about the possible scheduling of the Assembly elections. However, the delimitation of constituencies is crucial for kick-starting any political process in J&K.
What is Delimitation and why is it needed?
- Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time.
- This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
- The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
- Aside from changing the limits of a constituency, the process may result in change in the number of seats in a state.
Do not forget to answer this PYQ in the comment box:
Q.With reference to the Delimitation Commission, consider the following statements:
- The orders of the Delimitation Commission cannot be challenged in a Court of Law.
- When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot affect any modifications in the orders.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
How often has delimitation been carried out in J&K?
- Delimitation exercises in J&K in the past have been slightly different from those in the rest of the country because of the region’s special status — which was scrapped by the Centre in August 2019.
- Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India, but the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
- Assembly seats in J&K were delimited in 1963, 1973 and 1995.
- The last exercise was conducted by the Justice (retired) K K Gupta Commission when the state was under President’s Rule and was based on the 1981 census, which formed the basis of the state elections in 1996.
- There was no census in the state in 1991 and no Delimitation Commission was set up by the state government after the 2001 census as the J&K Assembly passed a law putting a freeze until 2026.
Why is it in the news again?
- After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
- On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
- As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.
What is the status of this 2020 Delimitation?
- Although the Commission was tasked to finish delimitation in a year, on March 4 this year, it was granted a year’s extension.
- This was done at the request of the panel members since it couldn’t make much progress due to the Covid-19-induced shutdown across the country.
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J&K – The issues around the state
Task force in J&K under Article 311 to act against govt staff without probe
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 311
Mains level: Paper 2- Article 311 (2) C
Why the task force
- The Jammu and Kashmir administration has set up a Special Task Force (STF) to initiate action against government employees suspected of activities against security of the State.
- The order has been passed under provisions of Article 311(2) (C) of the Constitution.
- The STF would be headed by the J&K Additional Director General of Police, CID, and include Inspectors General of Police, Kashmir and Jammu, a representative of Law, Justice and Parliamentary Affairs, and a representative of the department the employee belongs to.
What are the provisions under Article 311 (2) C
- Article 311(2) says no government employee shall be dismissed or removed or “reduced in rank” except after an inquiry.
- However, its sub-section C says this clause will not apply “where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry”.
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J&K – The issues around the state
What is Durbar Move?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Durbar Move
Mains level: Need for multiple administrative capitals
A tradition of a century and a half is set to be broken in Jammu and Kashmir, with only “sensitive records” being taken from Jammu to Srinagar this summer during the “Durbar Move”.
Discuss the feasibility, benefits and constraints caused by multiple administrative capitals in Indian states with special context to Jammu and Kashmir and the state of Andhra Pradesh. (250W)
Durbar Move
- Durbar Move is a bi-annual shifting of the Civil Secretariat and other offices of the state government from Jammu to Srinagar in summer, and vice versa in winter.
- This is done as Jammu & Kashmir has two capitals: Kashmir during summer and Jammu during winter.
- In Jammu, offices shut on the last Friday and Saturday of April and reopen in Srinagar on the first Monday after a gap of a week.
- In Kashmir, offices shut on the last Friday and Saturday of October, to reopen in Jammu on the first Monday after a week’s gap, in November.
The reasons why
- Durbar Move is a tradition started 149 years ago started by the erstwhile Dogra rulers who hailed from Jammu but had expanded their boundaries to Kashmir including what is now Pakistan-occupied Kashmir, and Ladakh.
- Jammu, Kashmir and Ladakh are very different from one another geographically, linguistically and culturally, and in those days were poorly connected by road.
- It is generally understood that the Durbar Move was started to take the administration to the doorstep of the people of Kashmir which is closer to Ladakh.
- During summer, ruling from Kashmir also helped in ensuring adequate supplies to Ladakh, which is closer to Kashmir than Jammu, before the winter snowfall would cut off Ladakh.
- The practice also enabled greater interaction and bonding among the people of Jammu, Kashmir and Ladakh.
The effort
- Until 2019, the administration used to engage hundreds of trucks and buses for carrying office records and officials from one capital city to another.
- For safe transportation, the Jammu & Kashmir police and paramilitary forces would dominate the entire Jammu-Srinagar national highway.
- Apart from the expenses incurred on hiring trucks and buses, the moving staff also used to be paid TA and DA, besides arrangements for their accommodation.
The criticism
- Voices of protest started during the late 1980s, over the amount of money and time spent on the exercise.
- However, the practice also enjoyed public support.
- In recent years, many criticised the government for spending nearly Rs 200 crore on this exercise every year when it did not have enough funds even to pay salary to its employees.
- Last year, the Jammu & Kashmir High Court observed that there was no legal justification or constitutional basis for the Darbar Move tradition.
- The court recommended that in case the practice was rationalized, the resources and time saved could be utilized towards the welfare and development of the UT.
- The money saved could also be used to address Covid-related issues like food shortage, unemployment and healthcare.
What next?
- The UT government has decided to switch to e-governance, will all office records converted into digital format.
- As a result, while the Secretariat employees and some offices will move from Jammu to Srinagar, as usual, this year, only sensitive records will be shifted from one place to another.
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J&K – The issues around the state
Places in news: Chenab Arch Bridge
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Chenab Arch Bridge
Mains level: Not Much
A half-a-kilometre long arch, the defining feature of the world’s highest railway bridge over river Chenab, is set to be completed today.
Chenab Arch Bridge
- The bridge is part of an ambitious 272-km rail link project and is being constructed by the Northern Railway at an estimated cost of ₹28,000 crores.
- The bridge will be able to withstand earthquakes with a magnitude of up to eight and high-intensity blasts.
- The bridge, which will include a 14-metre dual carriageway and a 1.2-metre-wide central verge, will have a design speed of around 100 kilometres per hour with a lifespan of 120 years.
Its inception
- The preparations of the rail link began in 2002 and the initial plan was to connect Kashmir’s northernmost city Baramulla to New Delhi.
- Work on the bridge started again in July 2017 with the aim of completing the construction by the end of 2019 but due to contractual issues in 2018, it was delayed.
- Steel was specifically chosen for the construction of the bridge as it will make the project more economical.
- The metal will also be able to resist temperatures of minus 20 degree Celsius and wind speeds of above 200 kilometres per hour.
Significance
- A railway bridge like this, with this kind of geography, has not been made anywhere in the world, according to the Railways.
- It will symbolise the Kashmir rail link, to be ready for at least a century.
- In other words, a train from Kanyakumari can reach all the way to Kashmir uninterrupted.
- The cable crane that will do the job of completing the arch itself measures around 900 meters and is said to be the longest in the world, made especially for this project.
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J&K – The issues around the state
[pib] New Industrial Development Scheme for Jammu & Kashmir (J&K IDS, 2021)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: JK IDS, 2021
Mains level: Development of JK region
The Union Govt. has formulated the New Industrial Development Scheme for Jammu & Kashmir (J&K IDS, 2021).
Tap to read more about: Reorganization of J&K
J&K IDS, 2021
- It is a new Central Sector Scheme for the development of Industries in the UT of Jammu & Kashmir.
- The main purpose of the scheme is to generate employment which directly leads to the socio-economic development of the area.
Incentives available
- Capital Investment Incentive at the rate of 30% in Zone A and 50% in Zone B on the investment made in Plant & Machinery (in manufacturing) or construction of the building is available.
- Capital Interest subvention: At the annual rate of 6% for a maximum of 7 years on loan amount up to Rs. 500 crore for investment in plant and machinery (in manufacturing) or construction of the building.
- GST Linked Incentive: 300% of the eligible value of actual investment made in plant and machinery (in manufacturing) or construction in building for 10 years.
- Working Capital Interest Incentive: All existing units at an annual rate of 5% for a maximum of 5 years. Maximum limit of incentive is Rs 1 crore.
Key features:
- The scheme is made attractive for both smaller and larger units.
- Smaller units with an investment in plant & machinery upto Rs. 50 crore will get a capital incentive upto Rs. 7.5 crore and get capital interest subvention at the rate of 6% for a maximum of 7 years
- The scheme aims to take industrial development to the block level in UT of J&K, which is the first time in any Industrial Incentive Scheme of the GoI.
- The scheme has been simplified on the lines of ease of doing business by bringing one major incentive- GST Linked Incentive- that will ensure less compliance burden without compromising on transparency.
- It is not a reimbursement or refund of GST but gross GST is used to measure eligibility for industrial incentive to offset the disadvantages that the UT of J&K face
Major Impact and employment generation potential:
- The scheme is to bring about a radical transformation in the existing industrial ecosystem of J&K with emphasis on job creation, skill development and sustainable development.
- It is anticipated that the proposed scheme is likely to attract unprecedented investment and give direct and indirect employment to about 4.5 lakh persons.
- Additionally, because of the working capital interest subvention, the scheme is likely to give indirect support to about 35,000 persons.
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J&K – The issues around the state
[pib] PM Special Scholarship Scheme (PMSSS)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: PMSSS
Mains level: Special schemes for JK and Ladakh
The Prime Minister’s Special Scholarship Scheme (PMSSS) instalment has been released to support J&K and Ladakh students.
Tap to read more about: Reorganization of J&K
About PMSSS
- The PMSSS aims to build the capacities of the youths of J&K and Ladakh by educating, enabling and empowering them to compete in the normal course.
- Under the Scheme, the youths of J&K and Ladakh are supported by way of scholarship in two parts namely the academic fee & maintenance allowance.
- The academic fee is paid to the institution where the student is provided admission after on-line counselling process conducted by the AICTE (All India Council for Technical Education).
- The academic fee covers tuition fee and other components as per the ceiling fixed for various professional, medical and other under-graduate courses.
- In order to meet the expenditure towards hostel accommodation, mess expenses, books & stationery etc., a fixed amount of Rs.1.00 Lakh is provided to the beneficiary and is paid in instalments of Rs. 10,000/- pm directly into students account.
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J&K – The issues around the state
India and the OIC
Note4Students
From UPSC perspective, the following things are important :
Prelims level: OIC
Mains level: Internationalization of Kashmir Issue
India has hit out at the Organisation of Islamic Cooperation (OIC) for making factually incorrect and unwarranted references to Jammu and Kashmir.
What is OIC?
- The OIC — formerly Organisation of the Islamic Conference — is the world’s second-largest inter-governmental organisation after the UN, with a membership of 57 states.
- The OIC’s stated objective is “to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world”.
- OIC has reserved membership for Muslim-majority countries. Russia, Thailand, and a couple of other small countries have Observer status.
India’s relationship with OIC
- At the 45th session of the Foreign Ministers’ Summit in 2018, Bangladesh suggested that India, where more than 10% of the world’s Muslims live, should be given Observer status.
- In 1969, India was dis-invited from the Conference of Islamic Countries in Rabat, Morocco at Pakistan’s behest.
- Then Agriculture Minister Fakhruddin Ali Ahmed was dis-invited upon arrival in Morocco after Pakistan President Yahya Khan lobbied against Indian participation.
Recent developments
- In 2019, India made its maiden appearance at the OIC Foreign Ministers’ meeting in Abu Dhabi, as a “guest of honour”.
- Then External Affairs Minister Sushma Swaraj addressed the Inaugural Plenary.
- This first-time invitation was seen as a diplomatic victory for New Delhi, especially at a time of heightened tensions with Pakistan following the Pulwama attack.
- Pakistan had opposed the invitation to Swaraj and it boycotted the plenary after the UAE turned down his demand to rescind the invitation.
What is the OIC’s stand on Kashmir?
- It has been generally supportive of Pakistan’s stand on Kashmir and has issued statements criticizing India.
- These statements over the last three decades became an annual ritual, of little significance to India.
- Last year, after India revoked Article 370 in Kashmir, Pakistan lobbied with the OIC for their condemnation of the move.
- To Pakistan’s surprise, Saudi Arabia and the UAE — both top leaders among the Muslim countries — issued nuanced statements, and were not as harshly critical of New Delhi as Islamabad had hoped.
- Since then, Islamabad has tried to rouse sentiments among the Islamic countries, but only a handful of them — Turkey and Malaysia — publicly criticised India.
How has India been responding?
- India has consistently underlined that J&K is an integral part of India and is a matter strictly internal to India.
- The strength with which India has made this assertion has varied slightly at times, but never the core message.
- It has maintained its “consistent and well known” stand that the OIC had no locus standi,
- This time, India went a step ahead and said the grouping continues to allow itself to be used by a certain country “which has a record on religious tolerance, radicalism and persecution of minorities”.
OIC members and India
- Individually, India has good relations with almost all member nations. Ties with the UAE and Saudi Arabia, especially, have looked up significantly in recent years.
- The OIC includes two of India’s close neighbours, Bangladesh and Maldives.
- Indian diplomats say both countries privately admit they do not want to complicate their bilateral ties with India on Kashmir but play along with OIC.
What lies ahead with OIC?
- India now sees the duality of the OIC untenable, since many of these countries have good bilateral ties and convey to India to ignore OIC statements.
- But these countries sign off on the joint statements which are largely drafted by Pakistan.
- South Block feels it is important to challenge the double-speak since Pakistan’s campaign and currency on the Kashmir issue has hardly any takers in the international community.
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J&K – The issues around the state
What is J&K Roshni Act?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Roshni Act, Art. 370
Mains level: Corruption in mainstream politics in Jammu and Kashmir
The J&K High Court has declared Roshni Act “illegal, unconstitutional and unsustainable” and a CBI probe has been ordered into the allotment of land under this law.
Must read:
What is the Roshni Act?
- The J&K State Lands (Vesting of Ownership to the Occupants) Act, 2001 is popularly known as the Roshni Act.
- It envisaged the transfer of ownership rights of state land to its occupants, subject to the payment of a cost, as determined by the government.
- It set 1990 as the cutoff for encroachment on state land.
- The government’s target was to earn Rs 25,000 crore by transferring 20 lakh kanals (one-eighth of an acre) of state land to existing occupants against payment at market rates.
- The government said the revenue generated would be spent on commissioning hydroelectric power projects, hence the name “Roshni”.
What is the recent controversy?
- In October this year, the High Court held the Roshni Act as ‘unconstitutional’.
- The court also directed the UT government to make public names of those who grabbed the land under the scheme.
- Last week, the UT government began publishing the names of beneficiaries on its websites.
- The first set of names included prominent politicians and their relatives, hotels, and a trust connected each to the dominant parties of the Gupkar declaration.
A scam being busted
- Investigations into the land transfers subsequently found that land in Gulmarg had been given over to ineligible beneficiaries.
- However several government officials illegally possessed and vested ownership of state land to occupants who did not satisfy criteria under the Roshni Act.
- A report by the CAG estimated that against the targeted Rs 25,000 crore, only Rs 76 crore had been realized from the transfer of land between 2007 and 2013, thus defeating the purpose.
- The report blamed irregularities including arbitrary reduction in prices fixed by a standing committee, and said this was done to benefit politicians and affluent people.
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J&K – The issues around the state
Importance of Gilgit-Baltistan
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Gilgit-Baltistan Region, CPEC
Mains level: China's vested interests in the Kashmir Valley
Pakistan government has recently announced that it would give the Gilgit-Baltistan region “provisional provincial status”. When that happens, G-B will become the sixth official province of Pakistan.
Tap to read more about: Reorganization of J&K
Gilgit-Baltistan
- Gilgit-Baltistan is the northernmost territory administered by Pakistan, providing the country’s only territorial frontier, and thus a land route, with China, where it meets the Xinjiang Autonomous Region.
- The region is an illegally occupied Indian territory as it was the part of the erstwhile princely state of Jammu & Kashmir as it existed in 1947 at its accession to India.
- To G-B’s west is Afghanistan, to its south is Pakistan-occupied Kashmir, and to the east J&K.
Its current status
- Though Pakistan, like India, links G-B’s fate to that of Kashmir, its administrative arrangements are different from those in PoK.
- While PoK has its own Constitution that sets out its powers and their limits vis-à-vis Pakistan, G-B has been ruled mostly by executive fiat.
- Until 2009, the region was simply called Northern Areas.
- It had a Northern Areas Legislative Council with the Legislative Assembly. The NALC was an elected body, but had no more than an advisory role to the Islamabad.
Why the separate status?
- Pakistan’s separate arrangement with G-B goes back to the circumstances under which it came to administer it. On November 1 1947, after J&K ruler Hari Singh had signed the Instrument of Accession with India.
- Gilgit had been leased to the British by Hari Singh in 1935. The British returned it in August 1947.
- Pakistan did not accept G-B’s accession although it took administrative control of the territory.
- India went to the UN and a series of resolutions were passed in the Security Council on the situation in Kashmir.
- Pakistan believed that neither G-B nor PoK should be annexed to Pakistan, as this could undermine the international case for a plebiscite in Kashmir.
- It also reckons that in the event a plebiscite ever takes place in Kashmir, votes in G-B will be important too. This is why it is only being called “provisional” provincial status.
Move for a status-quo?
- The plan to grant G-B provincial status is linked to CPEC and Chinese interest as well as a response to India’s abrogation of Art. 370.
- While India has objected to the plan to make G-B a province of Pakistan and in the recent past asserted that it will take control of G-B, there is a realization that it is impossible to change the map now.
- In this sense, it can be argued that the merger of G-B with Pakistan is a move that could help both countries put the past behind and move forward on the Kashmir issue, sometime in the future.
What do the people in G-B want?
- The people of G-B have been demanding for years that it be made a part of Pakistan since there is virtual no connect with India.
- Some have in the past demanded a merger with PoK, but the people of G-B have no real connect with Kashmir either.
- They belong to several non-Kashmiri ethnicities and speak various languages, none of these Kashmiri.
- A majority of the estimated 1.5 million G-B residents are Shias. There is anger against Pakistan for unleashing extremist sectarian militant groups that target Shias.
- There is a movement for independence, but it has very little traction.
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J&K – The issues around the state
Outsiders can now buy land in Jammu and Kashmir
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not Much
Mains level: Abrogation of Art. 370
People, as well as investors outside Jammu and Kashmir, can now purchase land in the Union Territory (UT) as the Centre has notified new land laws for the region.
What is the new criterion?
- Under the newly introduced J&K Development Act, the term “permanent resident of the State” as a criterion has been “omitted”, paving the way for investors outside J&K to invest in the UT.
- Under the ‘transfer of land for the purpose of promotion of healthcare or education’, the government may now allow the transfer of land.
- According to amendments made to “The Jammu & Kashmir Land Revenue Act, Samvat, 1996”, only agriculturists of J&K can purchase agricultural land.
- No sale, gift, exchange, or mortgage of the land shall be valid in favour of a person who is not an agriculturist.
- No land used for agriculture purposes shall be used for any non-agricultural purposes except with the permission of the district collector.
- Under a new provision, an Army officer not below the rank of Corps Commander can declare an area as “Strategic Area” within a local area, only for direct operational and training requirements.
Note: These laws do not apply to the UT of Ladakh. The Centre is likely to notify separate land laws for the UT of Ladakh soon.
Criticisms of the move
- Political parties have opposed the move citing the sale of the state.
- With these new laws in place, tokenism of the domicile certificate has been done away with, as purchasing non-agricultural land has been made easier.
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J&K – The issues around the state
New Official Languages in J&K
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Official languages
Mains level: Not Much
The Union Cabinet has approved a Bill to introduce Hindi, Kashmiri and Dogri as official languages in Jammu and Kashmir, in addition to Urdu and English. As of now, the official language is Urdu and Kashmiri is recognised as a regional language.
Try this PYQ:
Q.Consider the following languages:
- Gujarati
- Kannada
- Telugu
Which of the above has/have been declared as ‘Classical Language/ Languages’ by the Government?
(a) 1 and 2 only
(b) 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
Languages in J&K
- In the undivided Jammu and Kashmir state, various ethnicities spoke Kashmiri, Pahari, Gojri, Ladakhi, Dogri, Balti and Punjabi as their mother tongues.
- Urdu and Hindi had become a means for inter-community communication.
- In 1889, Maharaja Pratap Singh, the third ruler of the Hindu Dogra dynasty, replaced Persian with Urdu as the court language.
- It was an anomaly that the three languages — Dogri, Hindi and Kashmiri — which are spoken by nearly 70 per cent of the population of Jammu and Kashmir were not approved for use in official business.
Official languages in India
- Article 343 of the Indian constitution stated that the official language of the Union is Hindi in Devanagari script instead of the extant English.
- Later, a constitutional amendment, The Official Languages Act, 1963, allowed for the continuation of English alongside Hindi in the Indian government indefinitely until legislation decides to change it.
- The form of numerals to be used for the official purposes of the Union is “the international form of Indian numerals”, which are referred to as Arabic numerals in most English-speaking countries.
- Despite the misconceptions, Hindi is not the national language of India; the Constitution of India does not give any language the status of the national language.
- The Eighth Schedule of the Indian Constitution lists 22 languages, which have been referred to as scheduled languages and given recognition, status and official encouragement.
Other classical languages
- In addition, the Government of India has awarded the distinction of classical language to Kannada, Malayalam, Odia, Sanskrit, Tamil and Telugu.
- Classical language status is given to languages which have a rich heritage and independent nature.
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J&K – The issues around the state
New rules for Transaction of Business of the Govt. of UT of J&K Rules, 2019
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Art. 370
Mains level: Administrative changes in J and K
The Ministry of Home Affairs (MHA) has notified new rules for administration in the UT of Jammu and Kashmir that specify the functions of the Lieutenant Governor (LG) and the Council of Ministers.
Tap to read more about: Reorganization of J&K
New Rules for J&K
- The new rules have been defined under Section 55 of the Jammu and Kashmir Reorganization Act, 2019.
What are they?
(1)Executive functions of the L-G
- According to the rules the “police, public order, All India Services and anti-corruption” will fall under the executive functions of the L-G.
- Chief Minister or the Council of Ministers will have no say in their functioning.
(2)Minority Community interests
- The proposals or matters which affect or are likely to affect peace and tranquillity or the interest of any minority community, the SCs, the STs and the Backward Classes shall essentially be submitted to the LG through the Chief Secretary, under intimation to the CM, before issuing any orders.
(3)Service Matters
- The Council of Ministers, led by the CM, will decide service matters of non-All India Services officers, proposal to impose a new tax, land revenue, sale grant or lease of government property, reconstituting departments or offices and draft legislation.
(4)Difference of Opinion
- In case of difference of opinion between the L-G and a Minister when no agreement could be reached even after a month, the “decision of the Lieutenant Governor shall be deemed to have been accepted by the Council of Ministers”.
(5)Relation with the Centre
- According to the rules, “any matter which is likely to bring the Government of the UT into controversy with the Central Government or with any State Government” shall be brought to the notice of the L-G and the CM by the Secretary concerned through the Chief Secretary.
- All communications received from the Centre, including those from the PM and other Ministers, shall be submitted by the Secretary to the Chief Secretary, the Minister in charge, the CM and the L-G for information after their receipt.
(6)Various departments
- Under the rules, there will be 39 departments in the UT, such as school education, agriculture, higher education, horticulture, election, general administration, home, mining, power, Public Works Department, tribal affairs and transport.
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J&K – The issues around the state
Appointment of new Lt. Governor of the UT of J&K
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Lt. Governor and its appointment
Mains level: Administrative differences in governance of UTs
A veteran politician has been appointed as Lieutenant Governor of the Union Territory of Jammu and Kashmir.
Try this PYQ:
Q.Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (CSP 2019)
(a) First Administrative Reforms Commission (1966)
(b) Rajamannar Committee (1969)
(c) Sarkaria Commission (1983)
(d) National Commission to Review the Working of the Constitution (2000)
Office of the Lt. Governor
- A Lt. Governor is the constitutional head of the union territories in India.
- She/he is appointed by the President of India for a term of five years and holds office at the President’s pleasure.
- Since the union territories of Delhi, J&K and Puducherry have a measure of self-government with an elected legislature and council of ministers, the role of the lieutenant governor there is mostly a ceremonial one, akin to that of a state’s governor.
- In Andaman and Nicobar Islands and Ladakh however, the lieutenant governor holds more power, being both the head of state and head of government.
- The other three UTs—Chandigarh; Dadra and Nagar Haveli and Daman and Diu; and Lakshadweep—are governed by an administrator.
Some related facts
- Unlike the lieutenant governors of other territories, they are usually drawn from the IAS or IPS.
- Lieutenant governors do not hold the same rank as a governor of a state in the list of precedence.
- Since 1985 the Governor of Punjab has also been the ex-officio Administrator of Chandigarh.
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J&K – The issues around the state
Mythmaking and Article 370
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Issues around JK; Federalism in India
The articles talk about various myths that have been building around the issues of Jammu and Kashmir. Not only does these myths affect the political outlook towards the state but is also responsible for people’s perspective on this whole story. Go on and read to understand further..
The myths
Kashmir has been a favourite site of our national mythmaking; myths that have over the years assumed larger-than-life manifestations in our collective psyche.
#Myth1
- Article 370 is considered as the root cause of terrorism in Jammu and Kashmir.
- But there is a little material basis to it — neither Article 370 can be considered as responsible for terrorism in the Valley nor has its removal ensured a reduction in terrorism.
#Myth2
- Article 370 is also held responsible for ruining J&K, stalling its development, preventing proper health care and blocking industries. Once again, these arguments also lack merit and evidence.
- J&K, as a matter of fact, has been doing much better than most other Indian States and one of the reasons for this was the land reforms carried out in the State in the early 1950s which was possible precisely because of the presence of Article 370.
- Also, private investors do not set up shop in Kashmir due to militancy which is a product of an existing conflict; not because of Articles 370 or 35A.
#Myth3
- If J&K is doing better than the other Indian States, it is because of the massive amounts of funds provided by New Delhi.
- The real argument here is not whether Kashmir received funding from New Delhi but massive funding as it is often made out to be.
- Funds from the center can be divided as:
- Funds to take care of J&K government’s revenue deficit: J&K, for historical reasons, has had a bloated bureaucracy in comparison to other States and their salaries and pensions have been financed by the central government. But these funds do little for the State’s economy or the general population.
- Then there are routine transfers of funds from the Centre to J&K just as transfers take place from New Delhi to other States.
- Finally, J&K also received funds due to its special category State status which again is a case with several other Indian States.
- Put differently, J&K’s better performance in comparison to most other Indian States is at least partly because of Article 370, and its well-being is not necessarily a result of New Delhi’s economic packages.
#Myth4
- Development can defeat militancy and insurgency.
- The reality is that development may not lead to the pacification of the conflict in Kashmir.
- The Kashmir conflict is a function of complex historical grievances, politico-ethnic demands, increasing religious radicalisation, and Pakistan’s unrelenting interference in the Kashmir Valley.
- It would be simplistic to imagine that such a multi-layered and complex conflict can be resolved by development alone.
The deep impact of mythmaking
- Changed the way how common people understand and treat Kashmir and Kashmiris.
- Ideas like “Kashmir needs to be reunited with the rest of India” have become a powerful claim made by such representations and political articulations.
- Yet another popular perception about ‘Kashmiris as troublemakers and sympathisers of terror’ has led to a noticeable increase in the mistreatment of Kashmiri Muslims in the rest of the country.
Conclusion
The way forward here is not in celebrating the scrapping of Article 370. It lies in critically examining various outcomes of this process. It is essential that New Delhi work the local people and leaders to reduce the trust and legitimacy deficit that we see today.
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J&K – The issues around the state
International Covenant on Civil and Political Rights (ICCPR)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UNCAT, ICCPR
Mains level: UN intervention in Kashmir
United Nations (UN) Special Rapporteurs have made public their third communication forwarded to India expressing concern over alleged excessive use of force, ill-treatment during arrests and detentions.
Practice question for mains:
Q.There is an urgent need for reforming the criminal justice system in India in light of rising cases of custodial torture and killings. Comment.
What is the issue?
The UN urged the Indian government to conduct a prompt and impartial investigation into the allegations of arbitrary killings, torture and ill-treatment and to prosecute suspected perpetrators under articles 6 and of the International Covenant on Civil and Political Rights (ICCPR), and articles 7 and 12 of the Committee Against Torture (CAT).
What are the conventions cited by the UN?
1) International Covenant on Civil and Political Rights (ICCPR)
- The ICCPR is a multilateral treaty adopted by UN General Assembly Resolution on 16 December 1966, and in force from 23 March 1976.
- The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
- As of September 2019, the Covenant has 173 parties and six more signatories without ratification.
- It is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR).
- It is monitored by the UN Human Rights Committee (a separate body to the UN Human Rights Council).
2) United Nations Convention Against Torture (UNCAT)
- The UNCAT is an international human rights treaty, under the review of the UN and was adopted in 1984.
- It aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
- The convention requires states to take effective measures to prevent torture in any territory under their jurisdiction and forbids states to transport people to any country where there is reason to believe they will be tortured.
- Since the convention’s entry into force, the absolute prohibition against torture and other acts of cruel, inhuman, or degrading treatment or punishment has become accepted as a principle of customary international law.
3) The Committee against Torture (CAT)
- It is a body of human rights experts that monitors implementation of the Convention by State parties.
- The Committee is one of eight UN-linked human rights treaty bodies.
- All state parties are obliged under the Convention to submit regular reports to the CAT on how rights are being implemented.
- Upon ratifying the Convention, states must submit a report within one year, after which they are obliged to report every four years.
- The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations.”
- Under certain circumstances, the CAT may consider complaints or communications from individuals claiming that their rights under the Convention have been violated.
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J&K – The issues around the state
Central Administrative Tribunal (CAT) bench for the UT of J&K and Ladakh
Note4Students
From UPSC perspective, the following things are important :
Prelims level: CAT
Mains level: Paper 2- Functioning and independence of CAT
The union govt. has inaugurated the 18th Bench of Central Administrative Tribunal (CAT) for the Union Territories of Jammu and Kashmir and Ladakh.
Try this question from our AWE initiative:
What is Central Administrative Tribunal (CAT)?
- The Central Administrative Tribunal had been established under Article 323 – A of the Constitution for adjudication of disputes and complaints with respect to recruitment and conditions of service.
- It aims to provide speedy and inexpensive justice to the aggrieved public servants.
- It adjudicates for the persons appointed to public services and posts in connection with the affairs of the Union or other authorities under the control of the Government.
- In pursuance of Article 323-A, the Parliament has passed the Administrative Tribunals Act in 1985.
- The act authorizes the Central government to establish one Central Administrative Tribunal and the state administrative tribunals.
Composition of the CAT
- The CAT is a specialist body consisting of Administrative Members and Judicial Members who by virtue of their specialized knowledge are better equipped to dispense speedy and effective justice.
- A Chairman who has been a sitting or retired Judge of a High Court heads the Central Administrative Tribunal.
- There are now 18 Benches and 21 Circuit Benches in the CAT all over India.
Its functioning
- It exercises jurisdiction only in relation to the service matters of the parties covered by the Administrative Tribunals Act, 1985.
- The Tribunal is guided by the principles of natural justice in deciding cases and is not bound by the procedure, prescribed by the Civil Procedure Code.
- Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred with the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.
Independence of working
- The conditions of service of the Chairman and Members are the same as applicable to a Judge of High Court as per the Administrative Tribunals (Amendment) Act, 2006.
- The orders of CAT are challenged by way of Writ Petition under Article 226/227 of the Constitution before respective High Court in whose territorial jurisdiction the Bench of the Tribunal is situated.
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J&K – The issues around the state
Jammu and Kashmir notifies amended domicile certificate rules
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not Much
Mains level: New domicile rules for Jammu and Kashmir.
The J&K administration has notified the J&K grant of domicile certificate procedure rules 2020 and set a fast track process in motion to issue the certificates within a stipulated time of 15 days.
Practice mains question:
Discuss how the new domicile rules for the UT of Jammu and Kashmir would enable its full integration with the mainstream India.
New domicile rules
- Domicile certificates have now been made a basic eligibility condition for appointment to any post under the Union Territory of J&K following the amendments in the previous Act.
- These rules provide a simple time-bound and transparent procedure for issuance of domicile certificates in such a manner that no category of person is put to any inconvenience.
- There is a timeline of 15 days for issuance of certificates. Under the amended rules, eligible non-locals can also apply for the certificate.
- To make the process transparent and time-bound, any officer not able to issue the certificate would be penalized ₹50,000. The amount would be recovered from his salary.
- The new process will allow West Pakistan refugees, safai karamcharis and children of women who married non-locals to apply for jobs here.
Who can avail the domicile certificates?
- All Permanent Resident Certificate holders and their children living outside J&K can apply for the certificates.
- Kashmiri migrants living in or outside J&K can get domicile certificates by simply producing their Permanent Residence Certificate (PRC), ration card copy, voter card or any other valid document.
- A special window is also provided to migrants who have not registered with the Relief and Rehabilitation department.
- Bonafide migrants can apply with the Relief and Rehabilitation department by providing documents like electoral rolls of 1988, proof of registration as a migrant in any State in the country or any other valid document.
Earlier Criteria for Domiciles
Satisfying any of the criteria mentioned below, a person would be deemed as a domicile of the UT of Jammu and Kashmir:
- A person who has resided for a period of 15 years in the UT of J&K or
- A person who has studied for a period of seven years and appeared in Class 10th/12th examination in an educational institution located in the UT of J&K
- Someone who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants)
- Children of Central government officials, All India Services, PSUs, autonomous body of Centre, Public Sector Banks, officials of statutory bodies, Central Universities, recognised research institutes of Centre who have served in J&K for a total period of 10 years
- Children of such residents of J&K who reside outside J&K in connection with their employment or business or other professional or vocational reasons but their parents fulfil any of the conditions provided
Job criteria for new domiciles
- The domiciles will be eligible for the purposes of appointment to any post carrying a pay scale of not more than Level 4.
- The Level 4 post comprises positions such as gardeners, barbers, office peons and waterman and the highest rank in the category is that of a junior assistant.
- The reservation for domiciles would not apply to Group A and Group B posts, and like other UTs, recruitment would be done by the UPSC.
Must read:
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J&K – The issues around the state
What is Darbar Move?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Darbar Move
Mains level: Cases of two working capitals in Indian states and issues with them
The Jammu and Kashmir High Court asked the Centre and the Union Territory (UT) administration to take a final call on the continuation of the 148-year-old practice Darbar Move i.e. shifting of capitals between Jammu and Srinagar.
Possible mains question:
Discuss the feasibility, benefits and constraints caused by multiple administrative capitals in Indian states with special context to Jammu and Kashmir and the state of Andhra Pradesh. (250W)
Darbar Move
- Darbar Move is the name given to the bi-annual shift of the secretariat and all other government offices of Jammu and Kashmir from one capital city to another.
- From May to October, governmental offices are housed in the state’s summer capital, Srinagar, and the other six months in its winter capital, Jammu.
- The tradition was started during Dogra rule in 1872 by Maharaja Ranbir Singh.
- It involved shifting of the Maharaja’s government to Jammu to escape the harsh winters of the Kashmir Valley, which, in the 19th century, used to result in the Valley being cut off from outside the world.
- It is advocated that the continuation of the practice helped in the emotional integration between two diverse linguistic and cultural regions of Jammu and Kashmir.
A costly practice
- Ahead of the Darbar Move, Srinagar usually receives a facelift every year. Over 10,000 employees shift capital annually.
- Roads around and leading to the Civil Secretariat, the seat of the government, are being renovated now.
- Besides, the government offices and quarters have been renovated and the streetlights restored.
- Hundreds of trucks are usually plied to carry furniture, office files, computers, and other records to the capital.
- Over the years, there have been voices raised against the century-old practice which involves heavy funding towards ensuring the smooth conduct of the move.
Why scrap Darbar Move?
- If this practice is rationalized, the amount of money, resources and time which could be saved, could be utilized towards the welfare and development of the Union Territory.
- It could be utilized for the protection and propagation of culture and heritage of the communities.
- No reason or justification at all is available for requiring the judiciary to shift with the ‘Darbar Move’. The same negatively impact justice dispensation and impedes judicial administration.
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J&K – The issues around the state
ECI vague on whether J&K is part of Electoral College of President’s election
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Electoral College of President
Mains level: President’s election and impeachment process
The Election Commission of India (ECI) has replied ambiguously to an RTI query if the Union Territory of Jammu and Kashmir will be part of the Electoral College for the election of the President of India.
This newscard invokes our basic GYAN acquired from the holy ‘Indian Polity’ by M. Laxmikanth. After reading this, ask yourself questions about the following :
1) What comprises the electoral college of the President of India?
2) Cases where the Constitutional Amendment Acts are required and wherever not
What did ECI say?
- The RTI request sought a list of the State and UTs Legislative Assemblies which were part of the Electoral College for the election of the President.
- The query also asked the EC to clarify whether the newly-formed UT of Jammu and Kashmir was part of the Electoral College.
- The EC sent a single-line response, merely saying- for the information, the applicant may be informed to refer Article 54 of the Constitution of India.
What is Article 54 of the Constitution?
- Under Article 54, the President is elected by an Electoral College, which consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of all the States and also of NCT of Delhi and the UT of Puducherry.
- The art. 54, thus, only specifically mentions NCT of Delhi and Puducherry as eligible to be part of the Electoral College.
- There is no word about the newly-formed UTs of J&K and Ladakh.
Ambiguity over J&K
- The J&K Reorganization Act, which came into existence from August 2019, does not specify anything about whether the legislature of J&K would be able to vote in the election for a President.
- A passing mention is made in Section 13 of the 2019 Act, which claims that J&K Legislature would have the same powers as its Puducherry counterpart.
- The astonishing thing to note is that not a single MP in the parliamentary debate has pointed out this fact yet.
A constitutional amendment is required
- Inclusion of new members in the Electoral College in Article 54 would require a Constitutional Amendment to be carried out through two-thirds majority in Parliament and ratification by over 50% of the States.
- This matter involves principles of federalism, hence constitutional amendment is a must.
- Delhi and Puducherry were included as Electoral College members under Article 54 through the Constitution (Seventieth) Amendment Act of 1992.
- Before that, Article 54 consisted of only the elected Members of Parliament as well as the Legislative Assemblies of the States.
Back2Basics: Presidential Election in India
- The President is elected by an Electoral College, which consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of all the States and also of NCT of Delhi and the UT of Puducherry.
- The authority to conduct elections to the Office of President is vested in the Election Commission of India.
- The election of the President is held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.
- The notification calling the election to the office of the President can be issued by the Election Commission on any day within the period of sixty days before the expiry of the term of office.
- The election schedule shall be so fixed, that the President-elect is able to enter upon his office on the day following the expiry of the term of the outgoing President.
With inputs from: TOI
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J&K – The issues around the state
J&K Reorganization (Adaptation of State Laws) Order, 2020
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not Much
Mains level: Administrative changes in the state
- The Ministry of Home Affairs has promulgated the Jammu and Kashmir Reorganization (Adaptation of State Laws) Order, 2020, which comes into force with immediate effect.
- Earlier this month order for an adaptation of Central Laws was also promulgated. It ordered application of 37 central laws envisaged in the Concurrent List to the newly formed UT.
About the Order
- Issued by the Department of J&K and Ladakh Affairs, the Order stems from Section 96 of the J&K Reorganization Act, 2019.
- The Act was a consequence of the abrogation of Article 370 of the Constitution of India and it reorganized the State into two UTs.
- The Order notifies changes in the J&K Civil Services (Decentralization and Recruitment) Act (hereafter, “Civil Services Act”), which defines “domicile” for employment in the region
- Domicile Criteria
Under the newly inserted Section 3A of the Civil Services Act which is regarding domicile for purposes of appointment to any service in UT of J&K.A person will have to fulfill the following conditions to be deemed to be a domicile of the UT of J&K: - She/he has to have resided for period of 15 years in the UT of J&K or has studied for a period of 7 years and appeared in Class 10th/12th examination in an educational institution located in the UT of J&K; or
She/he is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) in the UT of J&K. - Scope of Section 3A
- Children of those fulfilling the aforementioned conditions are also deemed to be included.
- Section 3A also goes on to include children of those Central Government Officials, All India Services Officers, Officials of PSUs and Autonomous body of Central Government, PSBs, etc. who have served in J&K for a total period of ten years.
- Additionally, it includes those children of such residents of UT of J&K who reside outside the UT of J&K in connection with their employment or business or other professional and vocational reasons, but the parents fulfill the conditions provided under Section 3A(1).
Job reservations
- Section 5A provides for the domicile reservation for the purpose of appointment of any post carrying a pay scale of not more than Level-04 under the UT of J&K or under local or any other (other than cantonment board) within the UT of J&K.
- Therefore, lowest level of non-gazetted rank jobs would be reserved exclusively for the Jammu and Kashmir domiciles.
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J&K – The issues around the state
Delimitation in the UT of Jammu and Kashmir
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Delimitation
Mains level: Read the attached story
The newly created UT of Jammu and Kashmir (J&K) will be the only one in the country to undergo a delimitation exercise based on the population figures recorded in the 2011 census.
Delimitation in J&K
- The latest readjustment of boundaries of constituencies in other States and UTs has been done on the basis of 2001 census and in future it will be carried out according to the 2031 census.
- As per 2011 Census, the population in Kashmir region is 68,88,475, Jammu has a population of 53,78,538 and Ladakh has 2,74,289.
- Delimitation was last done in J&K in the year 1995.
The legal basis for delimitation
- Section 63 was introduced in the J&K Reorganisation Act so that delimitation exercise can be conducted smoothly without overlapping with other provisions of Delimitation Commission Act, 2002.
- It is a saving clause and since J&K is a UT, it now has constitutional safeguards.
- The provision did not require any separate legislation as it was incorporated in the primary Act.
- It says that “until the relevant figures for the first census taken after the year 2026 have been published,” it shall not be necessary to readjust the constituencies.
- And any reference to the “latest census figures” in shall be construed as a reference to the 2011 census figures.
- The delimitation will be done for 90 seats as 24 seats fall in Pakistan Occupied Kashmir (PoK).
Back2Basics
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J&K – The issues around the state
Explained: The Kashmir Pandit tragedy
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Kashmiri Pandits and the hurdles in their rehabiliation
It is 30 years since the “exodus” from the Valley of its minority Hindu Kashmiri Pandit community.
The run-up: 1980s to 1990
- Sheikh Abdullah had died in 1982, and the leadership of the National Conference passed on to his son Farooq Abdullah, who won the 1983 election.
- But within two years, the Centre broke up the NC, and installed dissident Ghulam Mohammed Shah as Chief Minister. This led to huge disaffection and political instability.
- The Jammu & Kashmir Liberation Front (JKLF) stepped up its activities, and the hanging of the militant leader Maqbool Bhat in 1984 added to the sense of foreboding.
- In 1986, after the Rajiv Gandhi government opened the Babri Masjid locks to enable Hindus to offer prayers there, ripples were felt in Kashmir too.
- In Anantnag, the constituency of then Congress leader Mufti Mohammad Sayeed, there was a series of attacks on Hindu temples, and shops and properties of Kashmiri Pandits, blamed on separatist and secessionists.
- Pandits had begun to be targeted. Eminent persons of the community were being shot dead.
The night of January 19, 1990
- Matters came to a head on January 19. By then, the Farooq Abdullah government had been dismissed and Governor’s Rule imposed.
- According to accounts published by many eminent Kashmiri Pandits, there were threatening slogans over loudspeakers from mosques, and on the streets.
- Speeches were made extolling Pakistan and the supremacy of Islam, and against Hinduism. Finally, the Kashmiri Pandit community decided to leave.
The Gawkadal Massacre
- On January 20, the first stream began leaving the Valley with hastily packed belongings in whatever transport they could find. A second, larger wave left in March and April, after more Pandits were killed.
- On January 21, the CRPF gunned down 160 Kashmiri Muslim protesters at the Gawkadal Bridge, which has come to be known as the worst massacre in the long history of the conflict in Kashmir.
- The two events — the flight of the Pandits and the Gawkadal massacre — took place within 48 hours.
How many Pandits left?
- According to some estimates, notably by the Kashmiri Pandit Sangharsh Samiti (KPSS), of 75,343 Kashmiri Pandit families in January 1990, more than 70,000 fled between 1990 and 1992 and continued until 2000.
- The KPSS has placed the number of Kashmiri Pandits killed by militants from 1990 to 2011 at 399, the majority during 1989-90.
- Some 800 families have remained in the Valley through these three decades.
Role of the administration
- The other contentious question about the exodus is the role played by the administration, and more specifically that of the J&K Governor, Jagmohan.
- Newly appointed, he had arrived in Srinagar on January 19.
- The Kashmiri Muslim view of the exodus is that he encouraged the Pandits to leave the Valley and thus gave a communal colour to what was until then a non-religious Kashmiri cause.
- The Kashmiri Hindu view is that this is a disingenuous interpretation.
- They believe that Kashmiri Muslims, with whom they had lived amicably for centuries, drove them out with a vengeance in a frenzy of Islamism that they could not have imagined even months earlier.
- The truth, many commentators have concluded, may have been somewhere in the middle.
The question of return
- Those who had means rebuilt their lives elsewhere in the country — Delhi, Pune, Mumbai and Ahmedabad have Pandit populations, also Jaipur and Lucknow — or went abroad.
- The fleeing Pandits did not think they would never return to the Valley. But as the situation in Kashmir spiraled into a full-blown militancy, return began to look remote if not impossible.
- The longing to return to the Valley did not diminish over the years, though it may have become more an idea than a real ambition.
- Successive governments have promised that they will help this process, but the situation on the ground in Kashmir has meant this remains only an intention.
- There is an acute realization in the community that the Valley is no longer the same that they left behind in 1990.
- In many cases, their properties were either immediately vandalised or sold quickly by the owners to Kashmiri Muslims. Many fell into disrepair.
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J&K – The issues around the state
Suspension of the Internet: What the Rules say, what the SC underlined
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Relevant sections of the CrPC and the Telegraph Act
Mains level: Right to internet access and various issues
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J&K – The issues around the state
[op-ed snap] Eloquently reticent: On validity of J&K curbs
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Restrictions on the fundamental rights, Constitutional protection to the use of internet.
Context
The SC verdict on the restrictions has some important takeaways.
What the SC verdict means
- Infinite ban on internet impermissible: It states categorically that an indefinite ban on the internet is impermissible, but fails to direct the restoration of services.
- Section 144 and legitimate expression of opinion: The SC said that Section 144 of the Code of Criminal Procedure “cannot be used as a tool to prevent the legitimate expression of opinion or grievance or exercise of any democratic rights”.
- No ruling on the Govt. actions: The disappointing aspect of the verdict is the court’s failure to give a ruling on the validity of the government’s actions.
- The ruling fails to hold the government to account for the manner in which it exercised its powers.
- It states categorically that an indefinite ban on the internet is impermissible, but fails to direct the restoration of services.
- The SC does not go beyond directing the authorities to review all their orders and restrictions forthwith.
The key takeaways from the verdict
- Internet use constitutionally protected: The use of the Internet as a medium for free speech as well as for trade and commerce is constitutionally protected.
- Test of proportionality: It also lays down that any reasonable restriction on fundamental rights, be it an Internet ban or a Section 144 order, will have to survive the test of proportionality.
- The proportionality test means that is, the restriction should be proportionate to the necessity for such a measure.
- At the same time, it cautions against the “excessive utility” of the proportionality doctrine in matters of national security.
- No secret orders: The government is bound to publish all orders it passes regarding such restrictions so that they can be challenged in a court of law.
- While the government’s stand that it could not produce all the orders on the restrictions imposed the SC did not strike them down on that ground.
Conclusion
The SC judgment, while laying down some important principles in a fundamental rights case, appears to have the character of an advisory opinion.
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J&K – The issues around the state
SC order on Internet Shutdowns
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Sec. 144 of CRPC
Mains level: Internet shutdown as an infringement of FR
Directing the government to mandatorily publish all orders permitting Internet shutdowns, the Supreme Court has for the first time set the stage for challenging suspension orders before courts.
What triggered the SC?
- India tops the list of Internet shutdowns globally. According to Software Freedom Law Center’s tracker, there have been 381 shutdowns since 2012, 106 of which were in 2019.
- The ongoing shutdown in Kashmir is the longest ever in any democratic country.
The prime mover for Supreme Court
- The Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017 issued under the Telegraph Act deals with restricting Internet access.
- It does not provide for publication or notification of the order suspending Internet, the apex court mandated that such orders must be made available to the public.
- The court declared that it is a “settled principle of law, and of natural justice” that requires publication of such orders, “particularly one that affects lives, liberty and property of people”.
- This allows individuals to now challenge the orders before courts in J&K and rest of India.
Internet suspension orders are subjected to Judicial Review
- In the wake of protests against the new citizenship law, Internet services were suspended temporarily in parts of Uttar Pradesh, Delhi and Karnataka.
- There should not be excessive burden on free speech even if complete prohibition is imposed, and the government has to justify imposition of such prohibition and explain why lesser alternatives were inadequate, the bench stated.
- It ruled that Restrictions are to be imposed in an emergency. Hence they must be proportionate to the concern. Their objective must be legitimate rather than cavalier.
- Authorities must necessarily consider an alternative and least restrictive mechanism before opting to restrict rights. Every decision to impose restriction should be backed by sufficient material and amenable to judicial review.
Pacing up with technology
- The bench also noted that the law needs to keep pace with technological development:
- We need to note that the law should imbibe the technological development and accordingly mould its rules so as to cater to the needs of society.
- Non-recognition of technology within the sphere of law is only a disservice to the inevitable.
Justifying the Kashmir shutdown
- Lastly, the court mandated that all orders regarding the Kashmir case be made public, and to provide essential services such as e-banking and hospitals immediately.
- What the centre was arguing in this case was that this is a matter of national security given that it pertains to Kashmir with a history of militancy.
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J&K – The issues around the state
[op-ed snap] Eloquently reticent: On validity of J&K curbs
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much.
Mains level: Paper 2- Restriction on fundamental rights, use of internet protected by the constitution
Context
The SC verdict on the restrictions has some important takeaways.
What the SC verdict means
- Infinite ban on internet impermissible: It states categorically that an indefinite ban on the internet is impermissible, but fails to direct the restoration of services.
- Section 144 and legitimate expression of opinion: The SC said that Section 144 of the Code of Criminal Procedure “cannot be used as a tool to prevent the legitimate expression of opinion or grievance or exercise of any democratic rights”.
- No ruling on the Govt. actions: The SC stops short of ruling on the validity of the government’s actions.
- The ruling fails to hold the government to account for the manner in which it exercised its powers.
- It states categorically that an indefinite ban on the internet is impermissible, but fails to direct the restoration of services.
- The SC does not go beyond directing the authorities to review all their orders and restrictions forthwith.
The key takeaways from the verdict
- Internet use constitutionally protected: The use of the Internet as a medium for free speech as well as for trade and commerce is constitutionally protected.
- Test of proportionality: It also lays down that any reasonable restriction on fundamental rights, be it an Internet ban or a Section 144 order, will have to survive the test of proportionality.
- The proportionality test means that is, the restriction should be proportionate to the necessity for such a measure.
- At the same time, it cautions against the “excessive utility” of the proportionality doctrine in matters of national security.
- No secret orders: The government is bound to publish all orders it passes regarding such restrictions so that they can be challenged in a court of law.
- While the government’s stand that it could not produce all the orders on the restrictions imposed the SC did not strike them down on that ground.
Conclusion
The SC judgment, while laying down some important principles in a fundamental rights case, appears to have the character of an advisory opinion.
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J&K – The issues around the state
Explained: The two holidays scrapped in Jammu and Kashmir
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: Abrogation of Art. 370 and its aftermath
The Govt. in J&K has cancelled two existing public holidays and introduced a new one. This is seen by some as a move against their own assertion of their religious identity.
The three holidays
- The government order has cancelled public holidays on December 5 and July 13.
- December 5 is commemorated as the birth anniversary of Sheikh Mohd Abdullah, National Conference founder, former J&K Prime Minister, and former Chief Minister.
- July 13 is observed as Martyrs’ Day in Jammu and Kashmir. On that date in 1931, 22 Kashmiris were killed outside the Srinagar Central Jail, where they had assembled to protest against autocratic Dogra rulers.
- The new holiday is on October 26, the date in 1947 when the former state of Jammu and Kashmir acceded to the Dominion of India.
- A day later, Indian troops reached Srinagar to drive out tribal raiders. October 27 is observed as a Black Day in Kashmir, marked with a shutdown.
History & significance
- In 1846, under the Treaty of Amritsar, the British sold J&K state to the Dogra king Maharaja Gulab Singh.
- The Dogras hailed from Jammu and their rule lasted for over a century.
- In 1931, Muslims of Jammu and Kashmir rose against the autocracy of Dogra rule.
- The uprising, which led to the killing of 22 Muslims, is seen as the first assertion of Muslim identity in Jammu and Kashmir.
Implications of the move
- The move is seen as a departure from the politics of Jammu and Kashmir since 1939.
- Many people see this as an effort to erase the role of Sheikh Abdullah, and J&K’s Muslim assertion.
- They see it also as a refusal to recognise Kashmir’s popular Muslim leaders who sided with India in 1947, and leaders who continue to identify with India.
- It also raises a question mark over the revival of a political process in Jammu and Kashmir.
- The move comes when normalcy is yet to return even five months after the abrogation.
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