Deepening Political Engagement: A Path to Peace in Kashmir
After Article 370's abrogation, deepening political engagement is crucial for lasting peace in Kashmir.
Photo by Praneet Kumar
Editorial Analysis
The author advocates for a shift from a security-centric approach to a more politically inclusive strategy in Jammu and Kashmir. He believes that while the abrogation of Article 370 and security measures have brought some stability, true peace and integration require active political engagement, restoration of democratic processes, and empowerment of local leadership.
Main Arguments:
- The abrogation of Article 370 and the reorganization of J&K into Union Territories, while significant, have not fully addressed the political aspirations of the people, leading to a political vacuum.
- Despite a reduction in militancy and stone-pelting incidents, the absence of an elected assembly since 2018 and prolonged central rule have created a democratic deficit and a sense of alienation.
- Security measures alone are insufficient for long-term peace; they must be complemented by robust political processes, including holding timely elections and empowering local political parties.
- The Centre should facilitate the emergence of a new, inclusive political leadership in J&K, rather than relying solely on administrative control, to foster genuine participation and trust-building.
Conclusion
Policy Implications
The article argues that despite the abrogation of Article 370 and the reorganization of Jammu and Kashmir into Union Territories, a deeper and more inclusive political engagement is essential for achieving lasting peace and stability in the region. The current approach, heavily reliant on security measures and administrative control, has created a political vacuum. For example, the region has been without an elected assembly since 2018, leading to a democratic deficit.
The author emphasizes that while security operations have reduced militancy, they cannot substitute for genuine political participation and dialogue. The surprising fact is that despite significant administrative changes and a reduction in stone-pelting incidents, the underlying political alienation persists. The path forward requires empowering local political actors, holding timely elections, and fostering an environment where diverse voices can be heard.
This is not just about restoring statehood but about rebuilding trust and ensuring that the people of Kashmir feel truly represented. As a future civil servant, understanding how to balance security concerns with democratic principles in conflict-affected regions is a critical skill for effective governance and nation-building.
Key Facts
Jammu and Kashmir has been without an elected assembly since 2018.
Article 370 was abrogated in August 2019.
Jammu and Kashmir was reorganized into two Union Territories: J&K and Ladakh.
UPSC Exam Angles
Constitutional provisions related to Union Territories and special status (e.g., Article 370, Article 239A, 239AA).
Federalism and Centre-State relations, especially in the context of UTs.
Democratic deficit and its implications for governance and public trust.
Balancing internal security concerns with democratic principles and human rights.
Role of political engagement and dialogue in conflict resolution and nation-building.
Reorganization of states and its constitutional implications.
Visual Insights
J&K's Political Journey: From Special Status to Democratic Revival
This timeline illustrates key political and administrative developments in Jammu & Kashmir, highlighting the period of democratic deficit and the path towards restoring elected governance.
The political landscape of J&K has undergone significant transformations, moving from a special autonomous status to Union Territory administration. The absence of an elected assembly since 2018 created a democratic deficit, which the Supreme Court's 2023 directive aims to address by mandating elections, signaling a crucial step towards restoring political participation and trust.
- 2018J&K Assembly dissolved; Governor's Rule imposed, leading to a prolonged period without an elected legislature.
- 2019August 5: Abrogation of Article 370 and Article 35A. J&K Reorganisation Act, 2019 passed.
- 2019October 31: Erstwhile state of J&K formally reorganized into two Union Territories: J&K (with legislature) and Ladakh (without legislature).
- 2020-2022Focus on strengthening Panchayati Raj Institutions (PRIs) and local body elections in J&K amidst continued administrative rule.
- 2023December 11: Supreme Court of India upholds the abrogation of Article 370, directing the Election Commission to hold elections in J&K by September 2024.
- 2024Delimitation exercise completed in J&K, redrawing assembly constituencies to pave the way for elections. Preparations for assembly elections underway.
- 2025Continued efforts towards restoring statehood to J&K and fostering inclusive political engagement post-elections (if held as directed).
Jammu & Kashmir and Ladakh: Post-Reorganization Administrative Map (2025)
This map illustrates the current administrative divisions of the erstwhile state of Jammu & Kashmir into two Union Territories, highlighting their geographical context and strategic importance.
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More Information
Background
Latest Developments
Practice Questions (MCQs)
1. Consider the following statements regarding the constitutional status of Jammu and Kashmir post-2019: 1. The Jammu and Kashmir Reorganisation Act, 2019, converted the erstwhile State of Jammu and Kashmir into two Union Territories, both of which were provisioned with a legislative assembly. 2. Prior to its abrogation, Article 370 of the Constitution of India allowed the Parliament to legislate on all subjects in the Union List for Jammu and Kashmir without the concurrence of the State Legislature. 3. The power to create or abolish a Legislative Council in a state rests solely with the Parliament of India, acting on a special resolution passed by the State Legislative Assembly. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.3 only
- D.1, 2 and 3
Show Answer
Answer: C
Statement 1 is incorrect. The Jammu and Kashmir Reorganisation Act, 2019, created two Union Territories: Jammu and Kashmir (with a legislative assembly) and Ladakh (without a legislative assembly). Statement 2 is incorrect. Prior to its abrogation, Article 370 significantly restricted Parliament's legislative power over J&K. While Parliament could legislate on matters in the Union List and Concurrent List, it often required 'concurrence' of the State Government for subjects not covered by the Instrument of Accession, and 'consultation' for others. It was not a blanket power for 'all subjects in the Union List' without concurrence. Statement 3 is correct. As per Article 169 of the Indian Constitution, Parliament can create or abolish a Legislative Council in a state if the State Legislative Assembly passes a resolution to that effect by a special majority.
2. In the context of governance in Union Territories with a legislature, consider the following statements: 1. The Chief Minister of such a Union Territory is appointed by the President of India on the recommendation of the Lieutenant Governor. 2. The legislative power of such a Union Territory's assembly is co-extensive with that of a State Legislature on all subjects in the State List and Concurrent List. 3. The Parliament retains the power to legislate on any subject for such Union Territories, even if it falls within the competence of the UT's legislature. 4. The Lieutenant Governor of a Union Territory with a legislature acts as a representative of the President and has discretionary powers, including referring matters to the President for decision. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.3 and 4 only
- D.1, 3 and 4 only
Show Answer
Answer: C
Statement 1 is incorrect. The Chief Minister of a Union Territory with a legislature (like Delhi, Puducherry, and J&K) is appointed by the President, but not necessarily on the recommendation of the Lieutenant Governor. The LG administers the UT, but the CM is the head of the Council of Ministers, appointed by the President based on the majority in the assembly. Statement 2 is incorrect. The legislative power of such a UT's assembly is not co-extensive with that of a State Legislature on 'all' subjects. For instance, in Delhi and J&K, subjects like public order, police, and land are typically excluded from the legislative competence of the UT assembly. Moreover, Parliament retains overriding power. Statement 3 is correct. Article 246(4) of the Constitution explicitly states that Parliament has the power to make laws with respect to any matter for any part of the territory of India not included in a State, even if that matter is enumerated in the State List. This applies to Union Territories, making Parliament's power supreme. Statement 4 is correct. The Lieutenant Governor (LG) of a UT with a legislature acts as an administrator appointed by the President and is accountable to the President. The LG possesses significant discretionary powers, especially in cases of difference of opinion with the Council of Ministers, and can refer matters to the President for decision, as seen in Article 239AA for Delhi and similar provisions for other UTs with legislatures.