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- May 20, 2020
The landmark decision to abrogate Article 370 and 35 was taken in the Indian Parliament last year. Along with this, the Jammu and Kashmir Reorganization Bill 2019 was introduced in the Rajya Sabha on 5 August 2019 by the Home Minister. The Act provided for the reorganization of the state of Jammu and Kashmir into the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh.
Partitioning and separation of new states has been a common occurrence in India, but changing the status of an old state to a union territory is something that has happened for the first time.
The abolition of the said article had long been in the BJP manifesto, but the sudden decision came as a shock to political observers and opposition parties alike. Although the bill received almost unanimous support in the Folketing, the decision to house top politicians in the valley and close communication networks across the valley was widely criticized.
There was also a blatant flouting of rules and procedures when the bill was introduced in the Rajya Sabha. The account was not in the list of companies for the day. It was tabled and passed without any discussion or debate on the matter.
Movement is very important in both symbolism and content. Let's try to understand what a possible change of state status to UT means and what its consequences will be.
India: Federation with One Prejudice
The states are the building blocks of India. Each state has an elected assembly and government that legislates on administrative matters, including taxation and the maintenance of law and order. The Seventh Schedule of the Constitution designates the authority of the Center and the States in separate lists, namely the Union List, the State List and the Concurrent List. All other forces were transferred to the center.
The decision as to what form of government India will follow as an independent state has been the subject of much deliberation and debate among members of the Constituent Assembly. There were those in the Constituent Assembly who supported an independent autonomous provincial legislature and believed that moving away from provincial autonomy would in principle lead to totalitarianism.
In November 1946, at the age of 54uAt the annual session of Congress, then-President J.B. Kriplani advocated maximum autonomy in states and considered centralism anti-liberty. However, these ideas took effect after partition as concerns about the nation's territorial integrity grew.
The country then opted for a parliamentary system of government with some decentralization of power to states held back by a strong centre. Such a federal structure was seen as conducive to preserving India's ideas and pluralism while preserving the country's unity.
Union Territories
Union territories are administered directly by the Union. Part VIII of the Constitution deals with the administration of the Union Territories. The President of India appoints an administrator or deputy for each UT. The ruling parties at the central and state levels elect the president, who in turn appoints the lieutenant governors to the UT. In practice, this means that the Union Territories submit to the will of the Central Government.
The concept of Union Territories was not in the original version of the Constitution but was added by the Constitution (Seventh Amendment) Act of 1956. There are differences in the governance of UTs depending on whether they have a legislature or not.
The smaller ones are governed directly by the Centre, such as Chandigarh, Daman and Diu and Dadar and Nagar Haveli are UTs without elected assemblies. But Puducherry on the other hand is UT with a legislature and government along with LG. Delhi is quite different and its status is between UT and State.
J&K special status
The state of Jammu and Kashmir was a special case in Indian history with its own mini-constitution and separate land inheritance laws. Article 370 of the Constitution of India granted Jammu and Kashmir an autonomous status and gave the state some immunity from the application of the full Indian Constitution. This article was meant to give space to government issues for the people of Jammu and Kashmir who have always felt vulnerable about their identity and uncertain about their future.
However, successive governments over the years have extended most constitutional laws and amendments to a state reducing Art. 370. Successive Central Governments have issued more than 40 consecutive Presidential Orders (as amendments to the original provision) to implement various provisions of the Constitution of India in J&K. A total of 94 of the 97 items on the union list had already been implemented in J&K prior to the Reconstruction Act.
Reorganization project
With the new reforms, Ladakh became a separate Union Territory without a Legislative Assembly, while Jammu and Kashmir became a Union Territory with an Assembly. Jammu and Kashmir will also retain its Supreme Court.
The abrogation of Article 370 already means that all central laws will henceforth apply to the new Union Territory. The Fifth Schedule of the Act also lists 106 Central Acts that will now apply to the new Union Territory and 153 State Acts will be repealed.
With these reforms, the jurisdiction of Jammu and Kashmir was greatly reduced. He has lost control of the state police. The region has now become more dependent on the Foundation's Decentralization Center, as it no longer has the financial autonomy it had as a state. The Assembly will have the power to legislate on matters on the State and Parallel Lists, although this is limited - no authority over public order, police and much of commerce.
For Ladakh, this could be a welcome step as the region has suffered from neglect for the past seven decades. Its new status as a Union Territory could not only spur economic growth but also create jobs in the region.
The argument for equality
For the first time, there will be reservations for Scheduled Castes and Scheduled Tribes in Jammu and Kashmir, part of a wider program of expansion of national reserves and progressive changes applicable to the region. For example, amendments to the Hindu Succession Act 2005, which gave women equal inheritance rights with men, will now apply. Restrictions on transfer of ownership under Section 139 of the J&K Ownership Act have also disappeared.
All scholarship programs at the center will also apply to the region. The emphasis on programs that affect individual beneficiaries comes from the belief that this will have a tangible effect and will highlight the government's intentions towards residents on the development front.
International reaction
The Home Secretary suggested that all measures, including termination of communication services and downgrading to Union territory, were temporary measures and would be lifted soon. But even after almost a year, general elections have still not been called.
Most of the international community, with the exception of China and Pakistan, initially supported India's position on the J&K Reorganization Bill, describing it as an internal matter. But a few months later, criticism began to mount as the state continued to violate people's basic rights to connect to the Internet and mobile phone networks. The internet blackout the government imposed on the region in August became the longest ever, leaving people's lives, jobs and finances in shambles.
Criticism of the government from international human rights groups for the blockade in Kashmir and the house arrest of major political leaders was also widespread. The human rights organization Amnesty International has called on the government to ease restrictions on communication channels and media in the country and release political leaders. He also noted that the SC's refusal to issue orders to lift the restrictions in Jammu and Kashmir was a big blow to the people of the state.
The United Nations Security Council (UNSC) also held a closed-door meeting on Jammu and Kashmir for the first time in decades on August 16, two weeks after the Indian parliament voted to revoke the state's special autonomous status and disband. the province into two separate areas.
Far ahead
The biggest challenge for New Delhi is to rebuild confidence. The manner in which New Delhi abrogated Article 370 affected Kashmiris of all persuasions, including pro-India voices who have always been neutral in this conflict.
The center must now work more on handling perceptions through soft means instead of taking hard action. The Union government also needs to focus heavily on government programs targeting individuals, such as scholarships or housing, in the Union Territories of Jammu and Kashmir and Ladakh in a bid to advance its development narrative in the region.
The downgrading of Jammu and Kashmir to UT status has been challenged in the High Court, including by National Conference MPs and other public figures such as Shah Faesal and Shehla Rashid. The main argument is that this is a violation of the principle of federalism and Art. 3 of the constitution.
If the government is serious about its argument for economic growth as a justification for its decision, it must act aggressively to get that message across. It would be even better if the government could declare a period of restoration of Jammu and Kashmir to statehood. Such a move will bring confidence and trust among the Kashmiri people as well as the international community.
Many questions and possibilities remain open as we move forward. Any decision here will have strategic value in the long run if handled carefully.
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FAQs
What are the important points of J&K Reorganisation Act? ›
The Bill allows J&K to have a Legislative Assembly with 107 seats, of which, 24 will be vacant as areas in this UT are controlled and occupied by Pakistan. There will be reservations for Scheduled Castes and Scheduled Tribes after considering their proportion within the total population of the area.
What is the JK Reorganization Act Amendment? ›Jammu and Kashmir Reorganisation (Amendment) Bill, 2021 is a bill to replace an ordinance to merge the Jammu and Kashmir (J&K) cadre of civil services officers with the Arunachal Pradesh, Goa, Mizoram Union Territory (AGMUT) cadre.
When was J&K Reorganisation Act amended? ›The Jammu and Kashmir Reorganisation (Amendment) Ordinance, 2021 was promulgated by the President of India on 07 January 2021 to further amend the Jammu and Kashmir Reorganisation Act, 2019.
What is the special act of Jammu and Kashmir? ›Article 370 acknowledges the special status of the state of Jammu and Kashmir in terms of autonomy and its ability to formulate laws for the state's permanent residents.
What is the purpose of Jammu and Kashmir Panchayati Raj Act 1989? ›| Act ID: | 198909 |
|---|---|
| Short Title: | The JAMMU AND KASHMIR PANCHAYATI RAJ ACT, 1989 |
| Long Title: | An Act to provide for the constitution of Halqa Panchayats, Block Development Councils and the District Planning and Development Boards and matters connected therewith. |
| Department: | Department of Rural Development and Panchayati Raj |
The state of Jammu and Kashmir defined these privileges to include the ability to purchase land and immovable property, ability to vote and contest elections, seeking government employment and availing oneself of other state benefits such as higher education and health care.
What did the Reorganization Act do? ›The Indian Reorganization Act (IRA) offers federal subsidies to tribes that adopt constitutions like that of the United States and replace their governments with city council–style governments. The new governments lack the checks and balances of power that had inspired the Founding Fathers of the United States.
What was the purpose of the Reorganization Act? ›The Reorganization Act of 1939 authorized the President to devise a plan to reorganize the Executive. As part of this Plan No. 1, the President created a new Cabinet agency, the Federal Security Agency, and placed the Social Security Board under its jurisdiction.
Is the Indian Reorganization Act still used? ›The Reorganization Act remains the basis of federal legislation concerning Indian affairs.
When India change Kashmir status? ›Article 370 of the Constitution of India was a 'temporary provision' inserted on 17 October 1949 which gave special powers to the state of Jammu and Kashmir, lawfully authorising it to have its own constitution.
What is Article 370 in Jammu and Kashmir? ›
Article 370 of the Constitution of India is described as a “temporary provision” that grants the state of Jammu and Kashmir a special autonomous status within the Indian union.
What type of rule was there in Jammu and Kashmir before 1947? ›| Princely State of Kashmir and Jammu | |
|---|---|
| Religion | Hinduism (state religion), Islam (majority), Sikhism, Buddhism, Jainism |
| Government | Monarchy as a princely state (1846-1947) Sovereign monarchy (14 August-27 October 1947) Vassal monarchy (1947-1951) Vassal constitutional monarchy (1951-1952) |
The Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020 dated 31 March 2020 resulted in the complete repeal of 25 prior state laws. The remaining 113 state laws were adopted with changes.
Which acts are not applicable to Jammu and Kashmir? ›Part IV, Article 36-51 (Directive Principles of the State Policy) and Part IVA, Article 51A (Fundamental Duties) of the Constitution are not applicable to Jammu and Kashmir.
Under which act Jammu and Kashmir became union territory? ›The union territory of Jammu and Kashmir is administered under the provisions of Article 239 of the Constitution of India. Article 239A, originally formulated for the union territory of Puduchery, is also applicable to Jammu and Kashmir.
What was the main purpose behind breaking Panchayati Raj system in India? ›Thus, to enable people to make decisions directed towards resolving their problems in an effective way, power needed to be decentralised. This was one of the main objectives behind the introduction of Panchayati Raj.
Does Panchayati Raj Act apply to Jammu and Kashmir? ›Jammu and Kashmir Panchayati Raj Act, 1989 provides for Panchayati Raj in Jammu and Kashmir as an instrument of a local self government.
What is the Panchayati Raj Act and rules of JK? ›An Act to provide for the constitutions of Halqa Panchayats, Block Development Councils and The District Planning And Development Boards and matters concerned therewith. (1) This Act may be called as the Jammu and Kashmir Panchayati Raj Act,1989. (2) It extends to the whole of the state of Jammu and Kashmir.
Why is Pakistan against Article 370? ›Pakistan never acknowledged this arrangement giving defining unique relation of Jammu and Kashmir with India. For Pakistan, the main objection was to the fact that Article 370 declared that entire Jammu and Kashmir belonged to India, and the merger of Jammu and Kashmir with post-Partition India was valid.
What is the difference between Article 35A and 370? ›Article 370 under Part XXI empowers Jammu & Kashmir to have its own constitution. It grants autonomous status to J&K. It restricts Parliament's legislative powers in respect of J&K. Article 35A, incorporated into the Constitution in 1954, provides special rights and privileges to the citizens of the state.
What is the penal code in force in the territory of Jammu and Kashmir known as? ›
Jammu and Kashmir State Ranbir Penal Code or RPC was the main criminal code applicable in the erstwhile Indian state of Jammu and Kashmir. The Indian Penal Code, applicable elsewhere in India, was not applicable hereunder Article 370 of the Constitution of India. It came into force in 1932.
Who benefited from the Indian Reorganization Act? ›Passed by Congress in 1934, the Indian Reorganization Act (IRA) was a wide-reaching set of reforms designed to improve conditions for Indigenous people, especially those living on federal reservations.
How did the Indian Reorganization Act affect natives? ›The Indian Reorganization Act improved the political, economic, and social conditions of American Indians in a number of ways: privatization was terminated; some of the land taken was returned and new land could be purchased with federal funds; a policy of tribal self-government was implemented; tribes were allowed to ...
How did the Indian Reorganization Act impact tribes? ›Stopped the erosion of the tribal land base by ending the allotment of tribal land, extended the trust period for existing allotments, prohibited lands to be taken away from tribes without their consent, and authorized the Secretary of the Interior to accept additional tribal lands in trust and to proclaim new ...
Who passed the Reorganization Act? ›President Harry S. Truman signed the Legislative Reorganization Act of 1946 into law on this day. Drafted by the Joint Committee on the Organization of Congress and spearheaded by Senator Robert M. La Follette Jr.
Which of the following was an outcome of the Indian Reorganization Act? ›Also known as the IRA, the Indian New Deal and the Wheeler-Howard Act, the act granted a new degree of autonomy to Native Americans in the United States, giving them greater control over their lands and allowing them to form legally recognized tribal governments.
Did Native Americans benefit from the New Deal? ›The law protected and restored land to American Indians, encouraged self-government, increased educational opportunities, and made available much-needed credit for small farms.
What did the Indian Reorganization Act repeal? ›In 1934, he persuaded Congress to pass the Indian Reorganization Act. The act terminated the allotment program of the Dawes Severalty Act of 1887; provided funds for tribes to purchase new land; offered government recognition of tribal constitutions; and repealed prohibitions on Native American languages and customs.
How successful was the Indian Reorganization Act in bringing? ›How successful was the Indian Reorganization Act in bringing New Deal-style programs to Native Americans? It was a success in that it restored native control over land and directed federal funds to help encourage native-owned businesses to grow to international prominence.
Why did the Navajo reject the Indian Reorganization Act? ›The Navajo nation—the largest Indian nation in the country—rejected the plan. They distrusted the Bureau of Indian Affairs because it had ordered them to kill many of their sheep and goats in 1934 in a misguided attempt to stop soil erosion on the reservation.
Is Kashmir still a part of India? ›
India has control of about half the area of the former princely state of Jammu and Kashmir, which comprises Jammu and Kashmir and Ladakh, while Pakistan controls a third of the region, divided into two provinces, Azad Kashmir and Gilgit-Baltistan.
When did India lose Kashmir to Pakistan? ›| Date | 22 October 1947 – 5 January 1949 (1 year, 2 months and 2 weeks) |
|---|---|
| Location | Jammu and Kashmir |
| Result | United Nations-mediated ceasefire |
| Territorial changes | One-third of Jammu and Kashmir controlled by Pakistan. Indian control over remainder. |
India controls approximately 55% of the land area of the region that includes Jammu, the Kashmir Valley, most of Ladakh, the Siachen Glacier, and 70% of its population; Pakistan controls approximately 30% of the land area that includes Azad Kashmir and Gilgit-Baltistan; and China controls the remaining 15% of the land ...
What are the benefits of 370 removal in Kashmir? ›The application of Articles 370 and 35 A placed restrictions on transfer of land. Local horticulture and food processing will get a big boost. Handicraft industry which was earlier limited to select destinations will now be able to directly export and collaborate both nationally and internationally.
What are the changes in Kashmir after removal of 370? ›No longer a separate flag: Jammu and Kashmir also had its own flag. Along with the flag of India, the flag of Jammu and Kashmir was also used in government offices there. Now there will be no separate flag in Jammu and Kashmir.
What is the two capital of Jammu and Kashmir? ›Ram says Srinagar is the capital of Jammu and Kashmir. Uma says Jammu is the capital of Jammu and Kashmir.
Who owned Kashmir originally? ›In 1757 Kashmir came under the control of Ahmed Shah Durrani, the Afghan who invaded India many times. In 1819 Kashmir was annexed by Ranjit Singh and made a part of his Sikh empire. The two Anglo-Sikh wars fought between the Sikhs and Ranjit Singh resulted in the complete extinction of the Sikh sovereignty in Kashmir.
What is the real name of Kashmir? ›According to legend, an ascetic named Kashyapa reclaimed the land now comprising Kashmir from a vast lake. That land came to be known as Kashyapamar and, later, Kashmir.
What is the old name of Jammu? ›Eventually, he founded the city which came to be known as “Jamboo” after his own name. With the passage of time and due to its frequent use the pronunciation of the name got slightly distorted and the city, came to be known as 'Jammu' as it is called now.
What is the amendment to Jammu and Kashmir Reorganization Act? ›Jammu and Kashmir Reorganisation (Amendment) Bill, 2021 is a bill to replace an ordinance to merge the Jammu and Kashmir (J&K) cadre of civil services officers with the Arunachal Pradesh, Goa, Mizoram Union Territory (AGMUT) cadre.
What is Jammu and Kashmir Displaced Persons Permanent Settlement Act 1971? ›
I76 DISPLACED PEESONS (PERMANEST SETTLEMENT) ACT, 1971,
respectively assigned to them in that Act. shall be lawful for the Govenunent to transfer the same to a displaced person jointly with any other person who is a permanent resident of the State.
VESTING OF OWNERSHIP RIGHTS IN PROSPECTIVE OWNER (SECTION 8)
Without payment of levy and after the ex-landlord is given possession of the resumed land, for the portion of such land left with such tiller other than that mentioned in sub-section (i).
The constitutional expert Subhash C. Kashyap, according to BBC News, states that the revocation was "constitutionally sound" and that "no legal and constitutional fault can be found in it". The revocation of Article 370 was passed by an overwhelming majority of support in the Indian parliament.
Does Specific Relief Act extend to Jammu and Kashmir? ›(1) This Act may be called the Specific Relief Act, 1963. (2) It extends to the whole of India except the State of Jammu and Kashmir.
Is IPC still not applicable in Jammu and Kashmir? ›So, IPC is applicable to all over India including Jammu & Kashmir.
Is Jammu and Kashmir a state True or false? ›Jammu and Kashmir, union territory of India (until October 31, 2019, a state), located in the northern part of the Indian subcontinent centred on the plains around Jammu to the south and the Vale of Kashmir to the north.
What is new law for Jammu and Kashmir? ›The Jammu and Kashmir Reorganisation Act, 2019 is an act of the parliament of India containing provisions to reconstitute the Indian-administered state of Jammu and Kashmir into two Indian-administered union territories (UTs) called Jammu and Kashmir, and Ladakh, and becoming effective on 31 October 2019.
Which state is removed from India? ›On August 5, 2019, Home Minister Amit Shah introduced the Jammu and Kashmir Reorganisation Bill, 2019 in the Rajya Sabha to divide the status of the state of Jammu and Kashmir into two distinct Union Territories, namely the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh.
What are the important aspects of Jammu and Kashmir? ›Jammu is famous for its temples, while Kashmir Valley is known for its lakes and gardens. J&K has agro-climatic conditions best suited for horticulture and floriculture. Horticulture is the mainstay of the rural economy, providing employment to large number of local inhabitants.
What were the main basis of state Reorganisation in India? ›Language was the basis of the reorganisation of states in India in the year 1956.
What is the significance of 1846 in the modern history of Jammu and Kashmir? ›
The Treaty of Amritsar marked the beginning of Dogra rule in Kashmir. During First Anglo-Sikh War, Maharaja Gulab Singh Jamwal (Dogra) helped the British Empire against the Sikhs. After the defeat of the Sikh Empire The Treaty of Lahore (9 March 1846) and the Treaty of Amritsar (1846) (16 March 1846) were signed.
What was the rule of Jammu and Kashmir? ›Jammu and Kashmir, officially known as the Princely State of Kashmir and Jammu, was a princely state during the Company rule from 1846 to 1858 as well as the British Raj in India from 1858 to 1947.
Why Jammu and Kashmir has two capitals? ›The Dogra King started this practice of having two capitals for Jammu Kashmir about a hundred years ago. He saw this practice as a solution to avoid harsh winters of Srinagar.
What happened to Jammu and Kashmir? ›After the Indo-Pakistani War of 1947–1948, the princely state of Jammu and Kashmir was divided between India (which controlled the regions of Jammu, Kashmir Valley, and Ladakh) and Pakistan (which controlled Gilgit–Baltistan and Azad Kashmir).
Does Jammu and Kashmir has separate constitution? ›The Constitution of India granted special status to Jammu and Kashmir among Indian states, and it was the only state in India to have a separate constitution.
How did the reorganization of states take place in India after its independence? ›State Reorganization Commission was appointed in 1953 central Government to rearrange the boundaries of states. 3. Its main recommendations were to organize states on language basis as well as the boundaries of states could reflect the linguistic aspects also.
What were the three reason for setting up the state Reorganisation Commission after India independence? ›In pursuance of the same, S. K. Dhar commission (1948) and JVP Committee (1948) advocated for reorganization of states based on geographical contiguity, administrative convenience, financial self-reliance and potential for development.
Why was the State Reorganisation Act passed in India? ›The State Reorganisation Act was passed in India in the year 1956, after the demands for the formation of linguistic states.
Why does Pakistan want Jammu and Kashmir? ›India claims the entire erstwhile British Indian princely state of Jammu and Kashmir based on an instrument of accession signed in 1947. Pakistan claims most of the region based on its Muslim-majority population, whereas China claims the largely uninhabited regions of Aksai Chin and the Shaksgam Valley.
Which is the darkest period of Jammu and Kashmir history? ›Afghan rule was established in the state in 1762 and continued till 1819. The 67 years of Afghan rule is known as the Darkest period in the history of Kashmir.
What is the significance of Kashmir in India's history? ›
In the first half of the 1st millennium, the Kashmir region became an important centre of Hinduism and later—under the Mauryas and Kushanas—of Buddhism. Later in the ninth century, during the rule of the Karkota Dynasty, a native tradition of Shaivism arose.
What is rule 17 in Jammu and Kashmir? ›Analyzing J&K Reservation Rules, 2005, the Court stated that Rule 17 makes abundantly clear that the reserved category candidate, if selected against open merit seat (known as MRC), is entitled to be considered for allotment of discipline/stream/college allocable to him in his respective category on the basis of his ...
How did Jammu Kashmir become part of India? ›By executing an Instrument of Accession under the provisions of the Indian Independence Act 1947, Maharaja Hari Singh agreed to accede his state to the Dominion of India. On 27 October 1947, the then Governor-General of India, Lord Mountbatten accepted the accession.
Who controls Jammu and Kashmir? ›India has control of about half the area of the former princely state of Jammu and Kashmir, which comprises Jammu and Kashmir and Ladakh, while Pakistan controls a third of the region, divided into two provinces, Azad Kashmir and Gilgit-Baltistan.