JAMMU & KASHMIR: POST ARTICLE 370

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Context

6 years after Article 370's abrogation, Jammu and Kashmir has made progress in integration and development, but ongoing discussions focus on local autonomy, democratic rights restoration, and resolving the Kashmir issue.

Jammu and Kashmir (J&K)  integration in India after Independence

• In 1947, J&K was a princely state ruled by Maharaja Hari Singh. He initially aspired independence.
• October 1947: Pashtun tribesmen, supported by Pakistan, invaded Kashmir.
  • Maharaja Hari Singh appealed to India for military assistance.
  • Hari Singh signed the Instrument of Accession, integrating J&K into the Dominion of India.
    • It transferred control of defence, external affairs, and communications to India.
  • Lord Mountbatten, Governor-General of India, accepted the accession.
  • Indian troops were airlifted into Srinagar to repel the invaders, marked first Indo-Pakistan War.
• 1948: India referred the Kashmir dispute to the United Nations.
• January 1, 1949: A ceasefire was declared, establishing the Line of Control (LoC).
  • India controlled about two-thirds of the state, while Pakistani forces held Gilgit and Baltistan.
• India included Article 370 in the Constitution, granting special autonomous status to J&K.
• 1954: The J&K Constituent Assembly ratified the accession to India. 

Key Provisions of the Article 370

• Article 370 was placed under the heading "Temporary, Transitional and Special Provisions" in Part XXI of the Constitution. 
• Separate Constitution and Autonomy: J&K was allowed to have its own constitution and autonomy over internal affairs, adopting its constitution in 1957.
• Limited Legislative Powers: Parliament's power to legislate for J&K was limited to defense, external affairs, and communications, requiring the state government's consensus for other matters.
• Presidential Orders: Extending national laws to J&K required the state government's consensus and a Presidential Order.
• Amendment Procedure: The article could only be amended on the recommendation of the J&K Constituent Assembly, which dissolved in 1957.
• Residency Rights: Article 35A, derived from Article 370, granted special rights to permanent residents regarding property and employment. 

The Union government abrogated Article 370 on August 5, 2019, changing J&K's constitutional and legal status. 

How Article 370 was abrogated?

The abrogation process began with the issuance of two Presidential Orders in August 2019. 

Presidential Order C.O. 272 applied all provisions of the Indian Constitution to Jammu and Kashmir (J&K).

• It amended Article 367, to interpret the term "Constituent Assembly" in Article 370(3) as "Legislative Assembly," which allowed the President to recommend the abrogation of Article 370 while J&K was under President's Rule.

Resolution was passed by Parliament, recommending the abrogation of Article 370 under Article 370(3).

• Presidential Order C.O. 273 was issued, declaring that all clauses of Article 370 would cease to operate, removing J&K's special status.
• Parliament passed the Jammu and Kashmir Reorganisation Act, 2019, which divided the state into two Union Territories: Jammu and Kashmir and Ladakh. 
• Jammu and Kashmir has a Legislative Assembly, similar to Delhi or Puducherry.
• Ladakh does not have a Legislative Assembly and is directly administered by the central government.

Steps taken by Indian government for development and integration in Post-370 era?

Local Self-Governance: The J&K Panchayati Raj Act was amended in 2020 to align with the 73rd and 74th Amendments of the Constitution.

Central Laws and Rights: All laws part of the Constitution and the benefits of all Central Laws are now applicable to the people of J&K.

• Political reservations have been extended to Scheduled Tribes in the Legislative Assembly of J&K.

Economic Growth: Investment increased, over ₹5,600 crore in actual investments since 2019, with ₹66,000 crore in proposals under review

• J&K welcomed a record 2.11 crore tourists in 2023, the highest in 77 years.

Infrastructure Development: Projects such as the Chenab Railway Bridge and Zojila Tunnel enhance connectivity and improve logistics.

Social Welfare Programs: Social justice provisions, earlier limited by Article 35A, now fully extend to J&K.

• Marginalized communities, and women who married outside the state, now have full constitutional rights and access to reservations and land ownership.
• Under Ayushman Bharat–PMJAY SEHAT, over 21 lakh "golden cards" provide free health insurance coverage of ₹5 lakh per family annually.
• The Jal Jeevan Mission has provided tap water connections to over 80% of rural households, targeting full coverage by 2025.

Skill Development and Employment: "Himayat" scheme providing training-cum-placement program for unemployed youth.

• "Mumkin - Livelihood Generation Scheme" provides financial support to youth for entrepreneurship and self-employment.

Improved Security: Union Territory model placed the responsibility for security directly with the Central Government, with better coordinated and more robust counter-terrorism operations.

• 66% decline in terrorist incidents in J&K after the removal of Article 370. 
• Post 2019, there was a 33% decline in terror-related fatalities compared to the six years prior to the abrogation.
• Local recruitment into militancy has reportedly fallen, from 129 in 2019 to just 1 in 2025.  

What are the ongoing challenges in Jammu & Kashmir?

Security: Terrorist tactics shifted towards targeted killings and attacks on "soft targets" like tourists and minorities.

• Pahalgam Attack exposed vulnerabilities in security preparedness, especially in tourist zones.
• 40,000 lives have been lost since 1989, and about a million people have been displaced due to militancy.

Infiltration and External Support: Cross-Border support through proxy groups like Lashkar-e-Taiba (LeT) and Jaish-e-Mohammed (JeM), fueling radicalization and providing logistical support.

• Challenges from porous borders and evolving technologies used by terrorists, such as drones and encrypted communication. 

Political: Reduced J&K's autonomy, and shifting power to the central government, resulted in weakening of the state's democratic process.

Economic & Social: Despite increased investment proposals, actual private investment and industrial output remain limited.

• Unemployment rate in J&K is 22.4%, higher than the national average of 7.8%, increases vulnerability to radicalization and recruitment by terror groups.

Environmental Concerns: Development initiatives and tourism growth come at an environmental cost, raising concerns about sustainability and potential ecological damage.

Way Forward for Jammu & Kashmir

Strengthen Security: Continue counter-terrorism operations against terrorists and their support structures, utilizing strategies like Cordon and Search Operations (CASO).

• Implement a multi-pronged strategy to prevent cross-border infiltration using tactical deployment of forces, technology like surveillance cameras and night vision devices.

Protect Political Rights: Restoring statehood to J&K "at the earliest and as soon as possible", as directed by the Supreme Court.

Socio-economic Development: Increase investment and industrial output through targeted policies, incentives, and ensuring ease of doing business.

• Create employment opportunities for the youth, schemes like Pradhan Mantri Mudra Yojana (PMMY) can facilitate self-employment and small businesses.

Governance Reform: Address corruption and ensure transparency in development projects and welfare schemes.

Address Human Rights alligations: Establish Truth and Reconciliation committee to investigate human rights abuses by state and non-state actors since the 1980s, as recommended by the Supreme Court.

Regional Cooperation: Leverage J&K's strategic location to develop closer ties with Central Asian republics for economic and cultural exchange.

Source: DAILYEXCELSIOR