The Polity of Jammu and Kashmir

The Polity of Jammu and Kashmir

•  Despite a special status under Article 370 of the Indian Constitution (On 5 August 2019, the Government of India revoked the special status), Jammu and Kashmir experienced violence, cross border terrorism, and political instability with internal and external ramifications. Additionally, Kashmiri Pandits were also displaced from the Kashmir valley on a large scale.
•  Jammu and Kashmir consist of three social and political regions— Jammu, Kashmir, and Ladakh.
•   The Jammu region is a mix of foothills and plains. It is predominantly inhabited by Hindus. Muslims, Sikhs, and people of other denominations also reside in this region.
•   The Kashmir region mainly comprises the Kashmir valley. The majority of its residents are Kashmiri Muslims, with the remaining population comprising of Hindus, Sikhs, Buddhists, and others.
•   Mountainous terrain dominates the Ladakh region. The population is very small and is almost evenly divided between Buddhists and Muslims.

Union Territories of Jammu & Kashmir and Ladakh

Roots of the Problem:

•   Kashmiriyat: Before 1947, Jammu and Kashmir (J&K) were a Princely State. Its ruler, Maharaja Hari Singh did not wish to integrate with India or Pakistan but wanted to keep his state independent.

❖   The citizens mainly saw themselves as Kashmiris. The theme of the community’s efforts is known as Kasimiriyat.

•       Sheikh Abdullah and the National Conference: Under the leadership of Sheikh Abdullah of the National Conference, the popular movement in the State wanted to get rid of the Maharaja but was opposed to joining Pakistan. The National Conference was a secular organization and had a long association with Congress. Sheikh Abdullah was a friend of some of the leading nationalist leaders including Nehru.
•       Tribal infiltration by Pakistan: Pakistan infiltrated tribes from its side of Kashmir in October 1947. As a result, the Maharaja had to ask for Indian military assistance. Military support from India led to the forced retreat of infiltrators from Kashmir valley, but only after the Maharaja signed an ‘Instrument of Accession’ with the Indian Government.
•   Pakistan’s Occupation: However, as Pakistan continued to control a sizable part of the state, the issue was taken to the Union Nations Organisation, which in its resolution dated 21 April 1948 recommended a three-step process to resolve the issue. The first step was for Pakistan to withdraw its entire nationalities from Kashmir as a necessity. Secondly, India needed to progressively reduce its forces to maintain law and order. Thirdly, a plebiscite was to be conducted in a free and impartial manner.

However, no progress has been made on this resolution. Meanwhile, Sheikh Abdullah became Prime Minister of J & K in March 1948, and India agreed to grant provisional autonomy under Article 370. Later, the head of state government was called the prime minister

External and internal disputes:

•   Pakistan has always claimed that the Kashmir valley should be part of Pakistan.

➔   The area occupied by Pakistan in the tribal invasion is described as ‘Azad Pakistan’ by Pakistan.

➔   India claims that this area is under illegal occupation.

•   Internally, the special status of Kashmir provoked two opposite reactions.

➔   There is a section of people that believe that the special status of the State conferred by Article 370 did not allow full integration of the State with India. Article 370 be revoked, and J&K be treated like any other state of India.

➔   Another section, mostly Kashmiris, believes that the autonomy conferred by Article 370 is not enough. They had at least three major grievances.

o   First, the State has not adhered to its promise that Accession would be referred to the people once the situation created by tribal invasion had been normalized. This generated the demand for a plebiscite.

o   Secondly, there was a feeling that the special federal status guaranteed by Article 370, had been eroded in practice. This had led to the demand for restoration of autonomy or ‘Greater State Autonomy’.

Conclusion

Jammu and Kashmir is governed by the Republic of India as a union territory within the framework of 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 in. The Lieutenant Governor of Jammu and Kashmir, now Manoj Sinha, is the head of state, while the Chief Minister of Jammu and Kashmir, who is currently vacant, is the head of government. The Legislative Assembly of Jammu and Kashmir has legislative authority. The judiciary is separate from both the executive and the legislative.