Historic Transformation In J&K
A historic Presidential order was proclaimed on 5 August 2019 modifying Article 370 of the Indian constitution. This Article included a ‘temporary provision’ conferring on the state of Jammu and Kashmir a special status–that special status is withdrawn and all the provisions of the constitution applicable to rest of country will henceforth apply to Jammu and Kashmir. The Presidential order also superseded the 1954 decree effectively scrapping Article 35 A, which limited property rights to permanent residents of the state. The Rajya Sabha (Upper House of Indian parliament) on the same day passed a Reorganization Bill that ended the special status and replaced the state by two union territories. Jammu and Kashmir will be a union territory with state assembly and a Lieutenant Governor. Ladakh will also be a Union territory but without an assembly.
The Home Minister emphasized during debate in Rajya Sabha that all Indian laws enacted by the parliament will be applicable to J&K. Thus, far reaching acts like right to education and equal rights to women –so far denied to people of J& K - will now apply without discrimination. Laws regulating property rights will be on par with laws in other states. Tenure of J&K assembly will be 5 and not 6 years, with no separate flag and constitution as hitherto. Indian Penal Code will prevail. Non- permanent residents can now permanently settle in J&K.
Home Minister Amit Shah stated that this will make a positive change in the ground realities and benefit the people. The special status enjoyed by the state for the past 70 years allowed manipulation of the political economy by a few families. Data reveals that four times more funds were given to J&K than rest of India. Yet, the fruits of development did not reach people in J& K due to rampant corruption. Restrictions enforced by the special status of J&K came in the way of combating corruption. Henceforth, the doors of J&K are expected to be open to development as elsewhere in India, which will impel growth of tourism, education and employment.
Historically, the accession of former princely state of J&K to Union of India in October 1947 was integral to processes underway in regard to several other princely states like Hyderabad, Mysore and Junagarh which assimilated fully with the Union in due course. The provision under 370, however, remained a stumbling block while being of little help in bringing normalcy to J&K. Worse still, the special status has been manipulated by vested interests over the past seven decades for deliberate alienation of the people.
The Home Minister also alluded to roots of terrorism in the state and expressed confidence that decisions on scrapping the special status and bifurcation of the state will go a long way in combating terror. While people elsewhere in democratic India exercised franchise by the ballot route, vested interests made it progressively difficult by fueling extremist tendencies and denting political space through wanton killings.
Assimilation of the state with rest of the country may open new vistas for tangible benefits to people with improved and effective governance and broad based development. The terror narrative in J&K survives by denying youth opportunities. It managed to impede and inhibit the democratic politics and economy. Terror syndicates flourished openly in the free political space in J&K while cramping its economy by extremist violence.
The constitutional modifications being ushered in by the Presidential order and acts of parliament will empower the state machinery and the central government to deal much more effectively with the menace of terror.
The sweeping legislation and presidential order have evoked criticism by the opposition parties. Only the coming weeks and months will show whether such critique rests on firm grounds or hostility to the ruling party’s bold and fundamental reorientation which has received overwhelming popular support.
The Home Minister emphasized during debate in Rajya Sabha that all Indian laws enacted by the parliament will be applicable to J&K. Thus, far reaching acts like right to education and equal rights to women –so far denied to people of J& K - will now apply without discrimination. Laws regulating property rights will be on par with laws in other states. Tenure of J&K assembly will be 5 and not 6 years, with no separate flag and constitution as hitherto. Indian Penal Code will prevail. Non- permanent residents can now permanently settle in J&K.
Home Minister Amit Shah stated that this will make a positive change in the ground realities and benefit the people. The special status enjoyed by the state for the past 70 years allowed manipulation of the political economy by a few families. Data reveals that four times more funds were given to J&K than rest of India. Yet, the fruits of development did not reach people in J& K due to rampant corruption. Restrictions enforced by the special status of J&K came in the way of combating corruption. Henceforth, the doors of J&K are expected to be open to development as elsewhere in India, which will impel growth of tourism, education and employment.
Historically, the accession of former princely state of J&K to Union of India in October 1947 was integral to processes underway in regard to several other princely states like Hyderabad, Mysore and Junagarh which assimilated fully with the Union in due course. The provision under 370, however, remained a stumbling block while being of little help in bringing normalcy to J&K. Worse still, the special status has been manipulated by vested interests over the past seven decades for deliberate alienation of the people.
The Home Minister also alluded to roots of terrorism in the state and expressed confidence that decisions on scrapping the special status and bifurcation of the state will go a long way in combating terror. While people elsewhere in democratic India exercised franchise by the ballot route, vested interests made it progressively difficult by fueling extremist tendencies and denting political space through wanton killings.
Assimilation of the state with rest of the country may open new vistas for tangible benefits to people with improved and effective governance and broad based development. The terror narrative in J&K survives by denying youth opportunities. It managed to impede and inhibit the democratic politics and economy. Terror syndicates flourished openly in the free political space in J&K while cramping its economy by extremist violence.
The constitutional modifications being ushered in by the Presidential order and acts of parliament will empower the state machinery and the central government to deal much more effectively with the menace of terror.
The sweeping legislation and presidential order have evoked criticism by the opposition parties. Only the coming weeks and months will show whether such critique rests on firm grounds or hostility to the ruling party’s bold and fundamental reorientation which has received overwhelming popular support.
Script: Amb. Sheel Kant Sharma, Former Secretary General SAARC
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