Jammu and Kashmir Statehood

GS 2 – Government Policies and Interventions

Context

The current situation surrounding the restoration of Jammu and Kashmir's (J&K) statehood is characterised by the Central Government's lack of commitment to a clear timescale.


Historical context and Constitutional Transition

· The alteration of J&K's status by declaring Article 370 inoperative and extending the full Indian Constitution to the territory resulted in the state being divided into two Union Territories: Jammu and Kashmir, which retained a Legislative Assembly, and Ladakh, which did not.

· The government prefers to hold panchayat and municipal elections in addition to Assembly elections.

· The Election Commission of India and the State Election Commission are both at a crossroads, with the process of revising electoral rolls reportedly nearing completion.

The Current situation

· The administration claims that J&K is now returning to normalcy, with significant reductions in terrorism, infiltration, and stone-throwing incidents.

· Given this argument, any more delays in organising elections become perplexing. However, it is critical to emphasise that the government's portrayal of normalcy should not and is unlikely to impact the resolution of constitutional issues arising from the manner in which the special status was terminated.

· During the hearings, Chief Justice of India, Justice D.Y. Chandrachud, astutely observed that the government's developmental initiatives after August 2019 have no bearing on the constitutional issue.


The Constitutional and Historical Considerations

· The 14-day hearing before a Constitution Bench has been characterised by a comprehensive examination of the constitutional and historical elements that will ultimately establish the constitutionality of the modifications to the state's status and territorial organisation.

· Any positive developments brought about by the administration on the ground should be used to make a persuasive case for early elections and the restoration of both popular rule and statehood.

· These modifications should not be interpreted as approval of the government's conduct in 2019.

Way Forward

· It is imperative that the government act quickly to facilitate the restoration of J&K's statehood.

· While constitutional issues are being thoroughly examined, it is critical to prioritise the restoration of popular rule through elections.

· The government's declaration of normalcy must be translated into actual initiatives for the sociopolitical growth of the region.


Conclusion

The changing ground situation needs immediate action in the shape of elections and, eventually, the restoration of statehood. It is critical to strike a balance between constitutional complexity and people's democratic rights and aspirations in order to ensure that the route towards restoring J&K's statehood is both equitable and timely.


LTX Mains Question

Q. Examine the implications of the delay in restoring Jammu and Kashmir's statehood, as well as the issues related to the constitutional aspects of this transition.

{{Mounika Sukhavasi}}

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