Open Access Research Article
"PROGRESS MADE SO FAR": A SITUATIONAL ANALYSIS OF JAMMU AND KASHMIR: PRE AND POST REMOVAL OF ARTICLE 370 BY: AYAN CHAUHAN
Published Paper
Article Details
"PROGRESS MADE
SO FAR": A SITUATIONAL ANALYSIS OF JAMMU AND KASHMIR: PRE AND POST REMOVAL OF ARTICLE 370
AUTHORED BY: AYAN CHAUHAN
COURSE: LLM (Corporate Law)
Abstract
Article
370 of the Indian Constitution has given special
status to Jammu and Kashmir giving
it a separate constitution and control for its internal matters and administration.
This special Article gave special status to Jammu and Kashmir which also had
an effect on the power of property,
citizenship, and other fundamental rights
due to which citizens from other states
weren't allowed to buy and
own property land in Jammu and Kashmir, this discussion also
takes us back to the complex history of Jammu and Kashmir in which the Maharaja
Hari Singh claimed on including this article in the constitution
to guard his people from external exploitation. This article granted specific boons simply to the residents of Jammu, Kashmir, and Ladakh while
barring others. This study takes a close look at the status in Jammu and Kashmir,
strategically assessing the terrain
ahead and after the vital disposal of
Article 370. The study aims to take a close look to decrypt the
changes in the state made so far and the impact after the junking of Article
370. The comprehensive study encompassing
the socio-profitable, political, and artistic dynamics
is being done then. Our analysis
revolves around the disposition of Article 370 to see whether
there's any progress and to
determine the political-social-provident impact on the state and its citizens
especially. Through this study,
we're also going to examine the important necessary factors like education, healthcare, and
how important progress the region has made. Political metamorphoses are also under the disquisition microscope, defining the development of original
governance structures and political
participation. Research sheds light on the
socio-political and profitable changes performed from the junking of Article
370 in Jammu and Kashmir. It also examines the
conditions before and after significant changes
in the rule. By combining data
and
real stories, the study offers a comprehensive
and unprejudiced understanding of the
extent of enhancement, if any.
Keywords:
Socio-Economic and political changes, Removal of Article 370, Comprehensive
understanding, Change in Law,
Transformation.
Introduction
Due to the
special status bestowed upon it by Article
370 of the Indian Constitution, Jammu and
Kashmir, a territory widely known for its beautiful scenery and complex
political past, has attracted attention. This provision granted Jammu and
Kashmir specific advantages such as its own constitution,
autonomy in internal affairs,
and control over land ownership. This study tries to explore deeper into the ramifications of this
important event on
numerous elements of
society, politics, and the economy in Jammu and Kashmir by
exploring the conditions before the repeal of Article 370 and the ensuing
aftermath. The in-depth examination talks about health, education,
political changes and economic growth with some concerning changes in
region. This research will try to determine whether the development
has been made after the abrogation of 370. The repeal of Article 370 in August 2019 was a sudden surprising moment
for the region and citizens. The impacts of this ruling caused
conflicts in Jammu and Kashmir about governance systems, civil rights, sociopolitical dynamics,
economic possibilities, and general growth.
Hypothesis: The revocation of Article 370 in Jammu and Kashmir
has led to significant changes
in the socio-economic, political, and
legal landscape of the region. These
changes may have both positive and negative
impacts on various aspects such as development,
governance structures, political participation, and civil rights.
Literature Review:
The revocation of Article 370 in August 2019 prompted extensive research on its historical and implications for Jammu and Kashmir.
Scholars dig into the origins of Article 370, emphasizing Maharaja Hari Singh's
intention of safeguarding his people from exploitation. Post-abrogation,
research focuses on the political landscape, evaluating governance structures,
political participation, and the establishment of new frameworks. The literature also examines changes
in property rights, citizenship, and fundamental rights,
along with assessing progress in sectors like education and healthcare.
Public reactions, governance conflicts, civil rights debates, and
socio- political dynamics, including economic possibilities and general growth,
are explored. Some studies offer a comparative
analysis of conditions before
and after Article 370's removal,
aiming to provide an unbiased understanding of the region's transformation. In essence, the literature
offers a multifaceted view of Jammu
and Kashmir's journey post Article 370, covering historical roots, political shifts,
socio-economic impacts, public
perceptions, and changes in the aftermath.
Research Questions
•
Any socio-Economic development after removal of Article
370?
•
How has the revocation of Article 370 impacted political dynamics within Jammu
and Kashmir?
•
Any negative impact on Kashmiris which need to be
addressed?
History
Of Jammu and Kashmir:
The history
of Jammu and Kashmir is extensive and intricate, characterized by a fusion
of political occurrences,
cultural influences, and territorial conflicts. Here is a synopsis of its historical
odyssey:
1.
Ancient and Medieval
Periods:
•
The region
witnessed the existence
of ancient civilizations, including the renowned
Indus Valley Civilization.
•
It was shaped
by the dominance of various
empires such as the Maurya Empire,
Ashoka's reign, the Gupta Dynasty, and the Durrani Empire.
2.
Mughal Rule:
•
During
the 16th century, the Mughals established their dominion
over specific areas of present-day Jammu
and Kashmir.
•
It became a significant component of their
expansive empire for centuries, with numerous Muslim
scholars making noteworthy contributions to its culture and governance.
3.
Dogra Dynasty:
•
In the early 19th century, Raja Gulab Singh founded
the Dogra Dynasty in the Jammu and
Kashmir region.
•
They
governed until India gained independence in 1947 under the
rule of Maharaja Hari Singh.
•
In 1925, J&K entered
an accession treaty
with British India,
which aimed to grant
autonomy to the state within Indian
territory.
The provision
of Article 370 and Its Significance:
The inclusion of Article 370 in
the Indian Constitution held
significant importance for the
region of Jammu and Kashmir. Here are some key points highlighting the significance of this provision:
1.
Autonomy:
Article 370 granted Jammu and Kashmir a certain level of autonomy by allowing them to have their own separate
constitution. This granted the region greater control over internal governance
matters, including land laws, citizenship rules, and legislative powers.
2.
Preservation
of Identity: Article 370 was seen as a measure to preserve the unique Kashmiri
identity and safeguard their distinct culture, demographics, and equitable
political representation within the larger democratic structure.
3.
Safeguarding Sovereignty: The incorporation of Article 370 served as a means to maintain the integrity of Jammu
and Kashmir and was often
perceived as an instrument to uphold a sense of autonomy over internal affairs. It provided the foundation for maintaining a limited
relationship with the Government of India while protecting against external interference.
4.
Separate Flag
5.
Historical
Context: The significance can be
found in historical circumstances that led to Maharaj Hari Singh accepting only access to India if provisions guaranteeing special status were
included in constitution.
Why was Article
370 repealed?
PM Modi and the BJP were against the Article 370, revocation was necessary to bring the Kashmir
on par with other States, as soon as the Modi government came into, they wasted no time and fulfilled the promise of repealing the
Article 370 which means that Jammu and Kashmir will no longer have a separate
constitution and will now have the
same laws and rules as other
states all over the India. People
from other states can now buy property in Kashmir.
Presidential Order:
The President
has issued an Order regarding
Article 370, which is now being published for general awareness. The President, utilizing the authority bestowed
upon them by clause (1) of Article 370 of the Constitution, in conjunction with the consent of the Government of the State of Jammu and Kashmir, has enacted the
following Order1:
(1)
This Order shall be referred to as the Constitution Application to Jammu and Kashmir)
Order, 2019. (2) It shall come into effect
immediately, thereby superseding the Constitution (Application to Jammu and Kashmir) Order,
1954, along with any subsequent amendments.
All provisions
of the Constitution,
as
amended over time, shall be applicable to the State of Jammu and
Kashmir with certain exceptions and modifications. To article 367, a new clause
shall be added as follows: "(4) For the purposes of this Constitution as it
applies to the State of Jammu and Kashmir."
The order stated
that : The 2019 presidential order will overwrite or supplant the 1954 order with
immediate effect. The 2019 residential order has replaced the 1954 order. Therefore, from the
moment it replaced the 1954 order,
the existence of the order came to an end, along with Article
1 https://indianexpress.com/article/india/article-370-jammu-and-kashmir-removal-full-text-o f-presidents-order-5879178/
35A and the constitution of Jammu and Kashmir. They ceased to exist. The top court also ordered the restoration of Jammu and Kashmir's statehood "at the earliest" and set a September 30, 2024
deadline to hold assembly elections there.
The Reorganization Act of 20192 was enacted
to review and restructure
the state of Jammu and Kashmir. It came into effect on October 31, 2019. The act encompassed numerous modifications,
including:
•
Incorporating 103 clauses.
•
Extending
106 central laws to the union territory.
•
Revoking 153 state laws.
•
Abolishing the Legislative Council
of Jammu and Kashmir.
This
bill was introduced after the annulment of Article 370 by the President's
order, which stripped Jammu and Kashmir of its special
status. Once the Act was implemented, strict
measures such as communication blackout and security lockdown were
imposed to stabilize the state following significant changes in law and order.
Before The Abrogation of Article 370:
Special Status
Jammu and Kashmir were granted special
privileges under Article
370, which allowed
the state to have its own constitution and control over internal
administration. The powers of the Parliament
in
the state were limited to defense, foreign affairs, finance, and communications.
It
was specified that except for Article 1, which declared India
as a 'Union of States', and Article 370 itself, no other part of the Constitution would be
applicable to J&K. Furthermore, Article 370 could not be modified or
revoked without the consent of the Constituent Assembly
of J&K.
Separate
Laws:
People
living in Jammu and Kashmir were governed by set of regulations concerning
their citizenship, ownership of property,
and basic rights. According to Article 370, the Indian Parliament was
prohibited from applying any laws in the state without the agreement of
constituent assembly.
J &
K After Abrogation of Article
370:
•
Socio-Economic Development? Since the removal of article 370, the economy has faced several
challenges like in the year 2019-2020 the economy contracted by 1% and it got went further by 1.2% yet the economy
started gaining momentum and raised following financial year with 8% growth in GDP in 2022-23 yet the average income per person is still lower than the national
average with higher inflation
rate than national
average since 2018 ( except
in 2020).3
Political Aspect
•
Last
election in Jammu and Kashmir assembly was in 2014, after that the BJP stopped
supporting the People Democratic Party (PDP)4 which was led by
Mehbooba Mufti, got dissolved. The supreme
court upheld the decision of Centre's which
revoked the special status to Jammu and Kashmir. The Supreme Court ordered the
Union government to reinstate statehood and instructed that Assembly elections
must be conducted by September 30, 2024.
•
The minister Kishan Reddy stated that, “the change has brought about socio-economic development in both
the new UTs of Jammu and Kashmir and Ladakh. Empowerment of
people, removal of unjust laws, bringing in equity and fairness to those discriminated since ages who are
now getting their due along
with comprehensive development are
some of the important changes
that are ushering both the new UTs towards the path
of peace and progress”
•
Two local body elections since 2019; Block Development Council (BDC) and
District Development Council (DDC)- After the declaration of the initial
District Development Council (DDC) elections,
the parties located in the valley opted to participate. They also selected candidates to occupy
the open positions in the ULBs and PRIs, alongside
the DDC polls conducted in
November-December 2020. The BJP emerged as the dominant party with 75 out of
280 seats, while the People's Alliance for Gupkar Declaration (PAGD), a
coalition of parties from the valley, obtained
110 seats. “It
was a largely corrupt and fraudulent system in the past. The nominees
of the Ministers and a few politicians would grab the
works. They would spend little on the work, and much would go
to the pockets of politicians and officials. Now there’s near-total
transparency and accountability. There’s still some wrong doing at the individual level but
no question of favoritism,
3 https://indianexpress.com/article/political-pulse/jk-after-article-370-economy-and -politics-of-union-territory-since-2019-9065855/
4 https://timesofindia.indiatimes.com/india/bjp-pulls-out-of-alliance-with-pdp-in-jammu -and - kashmir/articleshow/64646733.cms?from=mdr
nepotism or corruption
at the institutional level. There are some spoilsports and black sheeps in the bureaucracy, but we have unlimited support from Lieutenant Governor to
the Prime Minister. PRI members have direct access to the highest corridors of power,”
Safeena
Baig, Chairperson DDC Baramulla, asserted.
Education:
With the abrogation
of Article 370 (and therefore
Article 35A), the limitations on land
ownership will be dissolved,
which will enable higher private investment and setting up of industries in the
state. This is invariably going to
give rise to technical training institutes. Considering the high number of
youth in the state, industries are already eyeing the untapped education
market. Quality educational offerings by numerous organizations will be accessible to the youth right in
the state. This can bridge the wide
gap prevailing between curriculum and industry and infuse confidence
into the students. With
this, J&K's youngsters
will come in sync with
the contemporary industry trends. Further,
it will also break social
and psychological barriers
across the country
and unlock multiple employment
and entrepreneurial possibilities. Indeed, the annulment of Article 370 is a promising step in the direction
of a new dawn that will see the revival of J&K and its economy as the pride
of India.5
One Nation One Flag: Jammu and Kashmir
has been fully incorporated into India, no longer maintaining its own distinct laws. The legislative system of Jammu and Kashmir must align with
the Indian constitution. The elected
governments in the region will now operate
similarly to those in
other union territories of India.
As a result, Kashmir will no longer fly its own flag,
but instead raise the Tricolor flag of India, akin to other states in
the country.
Ownership of Property: According to the Ministry of Home
Affairs' update to the Rajya Sabha in December 2021, individuals from outside the Union Territory
of J&K have acquired seven plots
of land. It is important to mention that prior to the repeal of
Article 370 and Article 35-A in 2019, non-residents were
prohibited from purchasing any immovable property in J&K. The ministry
released a notification and revised the Land Revenue Act, allowing individuals
from different regions of the country to purchase land in J&K,
including agricultural land. The J&K
administration has enacted several
modifications to the land laws, permitting the utilization of private land
for industrial purposes and transforming agricultural land for
developmental ventures.
Highlighting some Concerning Matter Related to Land
reforms, Historical Identity of Kashmiri and disempowering Kashmiris from
within:
5 Pandit Akhand Swaroop, CEO and Founder,
Catalyst Group Scrapping Article 370: A step to reviving educational and
employment opportunities facing J&K available on https://www.indiatoday.in/education -today/featurephilia/story/scrapping-article370-a-step -to- revivingeducational-and-employment-opportunities-facing-j-k1590409-2019-08-22 accessed
on 26.07.2021.
Land Reform:
•
Government-led
operation in Jammu and Kashmir aimed at reclaiming 1112.8 square kilometers of "occupied" land, which the government alleged belonged to the state. This
initiative caused widespread destruction and turmoil among the local
population, prompting the authorities to
temporarily suspend it for a "consolidation" of their
actions thus far. The actions undertaken included demolishing
residential and commercial buildings, as well as clearing apple orchards owned by the locals.
The federally appointed lieutenant governor of Jammu
and Kashmir stated that the drive would only target influential individuals who
had unlawfully seized state land through abuse of power, he also instructed officials not to harm the
"poor and common" people.
However, no official decree
was issued to specify who would be exempted from the eviction drive.
Furthermore, news reports indicated that even small-scale shopkeepers, businessmen, and others were
at risk of being evicted by bulldozers. These colossal machines, which have
come to symbolize the right-wing politics of the Bharatiya Janata
Party throughout India, were employed to level properties.
•
The
progress made in the region is jeopardized by a recently announced property
tax, which will impose a burden on landowners within the municipal limits. The landowners will have to pay 15% of the annual value of their own lands. Since the corona in
2019 and abrogation of 370 which came
with new tax on property will make
it harder for locals to own land.
The combination of the recent land drive and the tax policy will discourage
individuals from purchasing new land
and retaining the land they currently possess.6
•
The
current infiltration of the civil administration reveals a systematic deprivation,
characterized by the marginalization of Muslims and the crusade against
unlawful occupation. The ruling BJP government aims to introduce new laws that would classify certain societal factions as Scheduled Tribes and
Scheduled Castes. However, there are concerns
that this classification may unfairly reduce
the representation of Kashmiris, while expanding reservation benefits in government employment
and education to other groups. The majority of these factions are located
in the Jammu region, which is predominantly Hindu. This move is expected to strengthen support for the BJP in the upcoming
elections. These laws are an
extension of last year's redistricting process, which allocated
six seats in the Jammu region and only one in Kashmir. As a result of various modifications to the existing reservation
policies, Kashmiris have been put at a disadvantage.
•
The presence of fewer Kashmiris in high-ranking positions within the civil administration implies that it will be more convenient
for the government to execute policies that
are met with resistance from the public but align with the
political agenda of the ruling party.
6 https://progressive.international/wire/2023-06-14-bjp-land-reforms-and -the-shifting-political-landscape-in-kashmir/en
Conclusion
The abrogation of Article 370 has brought various changes in the region and within the citizens, there are various boosting affect in
many aspects while on the other hand there is many concerning matters exist too
which we cannot ignore since it
affects the brains and thinking of masses of citizens. If we really look at the economic changes
statistically, at first it
was not that drastic change but then later in the year
2022-2023 there was an increase
in GDP of the region. Having one flag and same citizenship for whole nation in which now everyone is allowed
to get the ownership of the land from other states also, is positive
impact and will bring forth the patriotism value in citizens by making them
feel like part of our country. Increase in Job opportunities and push in
education sector was always needed since it lacked mostly. Little political changes
bring forth more transparency
and accountability than before. Even with claims of having more opportunities in jobs and
the economic sector there is not rea
lly that big drastic change. On the other hand,
there are some concerning matters which need to
be addressed like the change
in land reforms in regions which got opposed by the citizens, new property tax
imposing burden on landowners. Conspiracy theory within people which talks
about the disempowering of citizens by presenting less kashmiris in
high-ranking positions in civil administration which may allow government to
imply policies easily. There may be little advancement in the economy
and political changes,
but we need to develop
from within, starting with the satisfaction and need of people before any other aspect
since development of region only comes with people contentment and
satisfaction.
Article Information
"PROGRESS MADE SO FAR": A SITUATIONAL ANALYSIS OF JAMMU AND KASHMIR: PRE AND POST REMOVAL OF ARTICLE 370 BY: AYAN CHAUHAN
Authors: AYAN CHAUHAN
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/27
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.