Jammu And Kashmir — The Elusive Quest For Statehood, Pg6

Key Highlights:

• August 5 marks seven years since Article 370, granting special status to Jammu and Kashmir, was revoked.
• August 9 will mark seven years since Jammu and Kashmir lost its Statehood following the Jammu and Kashmir Reorganisation Act, 2019.
• The 2019 actions were accompanied by extensive lockdowns, detention of over 5,000 political leaders, and a communications blockade.
• Contrary to government claims, violence has continued and spread to new areas like Poonch-Rajouri.
• Jammu and Kashmir's per capita income ratio to the national average has fallen, and unemployment remains nearly double the national average.
• A renewed campaign by political parties is underway for the restoration of Statehood to ensure accountability.

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Detailed Insights:

• The revocation of Article 370 was executed by executive fiat through the Governor, and Statehood was removed by legislative fiat without consulting the people of J&K.
• This marked the first time an Indian State lost its Statehood since Delhi in 1956, raising concerns about constitutional principles.
• The actions are viewed by some as a violation of India’s constitutional principles and potentially the Basic Structure Doctrine.
• The Supreme Court of India has not yet set a timeline for the restoration of Statehood, despite acknowledging the need for it.
• Emergency-like conditions, including direct rule and security measures, have persisted in J&K for seven years, exceeding typical constitutional limits for such impositions.
• The Lieutenant-Governor, an appointed official, currently controls the administration, police, and prosecutors, and holds emergency powers over telecommunications.
• J&K has experienced "ugly firsts" such as the widespread use of pellet guns in 2016 and communal delimitation in 2022.
• The 2024 elections saw a majority for the pluralist National Conference-Congress alliance, indicating a desire for democratic representation.

Key Concepts Involved:

• Article 370: A constitutional provision that granted special autonomous status to the erstwhile state of Jammu and Kashmir.
• Statehood: The status of being a constituent unit of the Indian Union with its own elected government and legislative powers.
• Jammu and Kashmir Reorganisation Act, 2019: The parliamentary act that bifurcated the state of J&K into two Union Territories: Jammu and Kashmir, and Ladakh.
• Lieutenant-Governor: The administrative head of a Union Territory, appointed by the President of India, who acts as a representative of the central government.
• Jammu and Kashmir Public Safety Act (PSA): A preventive detention law allowing for administrative detention without trial for up to two years in certain cases.
• Unlawful Activities (Prevention) Act (UAPA): An anti-terrorism law that allows for extended detention of suspects and makes bail difficult.
• Basic Structure Doctrine: A judicial principle established by the Supreme Court of India that certain fundamental features of the Indian Constitution cannot be altered by Parliament.