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Jammu and Kashmir was a princely state prior to 1947. The state was dominated by Muslims, although Hari Singh was the state’s Hindu king. Pakistan sent tribal infiltrators from their side to seize Kashmir in October 1947. As a result, Hari Singh was obliged to seek Indian military assistance. However, infiltrators were effectively driven out of the Kashmir valley by the Indian Army, and Hari Singh signed an Instrument of Accession with the Government of India. After the situation normalised, it was decided that the people of Jammu and Kashmir would determine their own future, and India pledged to retain Jammu and Kashmir’s autonomy.

Historical Background of the Constitution Of Jammu And Kashmir 

  • When the British left India in August 1947, they created two separate states – India and Pakistan. The princely states that were not part of British India were given to continue their independent status or join either India or Pakistan.
  • Kashmir was a Muslim majority state ruled by a Hindu ruler, Maharaja Hari Singh.
  • On October 26, 1947, the Maharaja duly signed the Instrument of Accession, and the Indian government accepted it on October 27, 1947.
  • India referred the Kashmir problem to the United Nations Security Council (UNSC) and offered a plebiscite under UN supervision. It was proposed that a plebiscite would be held on the question of accession of the Jammu and Kashmir state to either India or Pakistan after both parties withdrew their troops. However, Pakistan did not withdraw its troops from the Kashmir region, thus violating the plebiscite conditions.
  • Post-partition, India started controlling two-thirds of the state of Jammu and Kashmir, including Jammu, the Kashmir Valley, and Ladakh.
  • India’s claims have been contested by Pakistan, which controls one-third of Kashmir, calling it Azad Kashmir (it is not Azad since it is under the administrative control of Pakistan), and the northern areas of Gilgit Baltistan.
  • Since then, India and Pakistan have fought three wars over Kashmir: in 1947, 1965 and 1999.

Article 370

  • The Indian Constitution has formulated Article 370, especially for Jammu and Kashmir, India. This Article was added as a Part XXI titled “Temporary, Transitional and Special Provisions.”
  • All the provisions of the Constitution of India applicable to other states do not apply to Jammu and Kashmir except for defence, foreign affairs, finance, and communications.
  • This Article conferred power on Jammu and Kashmir to have a separate constitution, a state flag, and autonomy over the state’s internal management.
  • Article 370, together with Article 35A, defined that the Jammu and Kashmir residents live as per different laws, including property ownership, fundamental rights, and citizenship.
  • On August 5, 2019, the Indian government published a Constitutional Order superseding the autonomy granted to Jammu and Kashmir under Article 370. 
  • The Jammu & Kashmir Reorganisation Act, 2019, divided Jammu and Kashmir into two union territories known as the Union Territory of Ladakh and the Union Territory of Jammu and Kashmir.
  • On October 31, 2019, the erstwhile Jammu and Kashmir State reorganisation was implemented.

Article 35A

  • Article 35A of the Constitution of India authorised the state legislature of Jammu and Kashmir to identify the authorised “permanent residents” of the state and give them privileges and special rights.
  • It was included in the constitution through presidential orders, i.e., the Constitution (Application to Jammu and Kashmir) Order 1954, published by the President of India on May 14, 1954.
  • Non-permanent Jammu and Kashmir State residents, even Indian citizens, were not entitled to these ‘privileges’ and special rights.
  • On August 5, 2019, the presidential orders were reissued, whereby every provision of the Constitution of India is to apply to the state without any special provisions.

The Jammu and Kashmir Reorganisation ACT, 2019

  • The Bill reorganises the state of Jammu and Kashmir into:

⮚ The Union Territory of Jammu and Kashmir with a legislature

⮚ The Union Territory of Ladakh devoid of a legislature

  • The Union Territory of Ladakh comprises the Leh and Kargil districts, and the Union Territory of Jammu and Kashmir includes the remaining regions of the existing Jammu and Kashmir state.
  • The provision of the Act provides for a Legislative Assembly for the Union Territory of Jammu and Kashmir.

Establishing a people-to-people connection and bringing Kashmir into the mainland was the compelling rationality behind the amendments. Kashmiris are Indian citizens and can pursue education in different states of India, where they get to see the country’s rich diversity and heritage. Also, mindful representation of Kashmiris in India is necessary; people need to get educated about the correct picture and get to know their grievances and suffering, so everyone comes together.

Conclusion

The Republic of India governs Jammu and Kashmir as a union territory within a federal parliamentary republic, similar to Puducherry, with a multi-party democratic style of government. It was managed as a state-controlled by India till 2019. The region’s politics reflect the historical tension and disagreement in the form of the Kashmir conflict, which the state has been a part of. The Lieutenant Governor of Jammu and Kashmir, now Manoj Sinha, is the head of state, while the Chief Minister of Jammu and Kashmir is the head of government (the seat is currently vacant).