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General Studies 2 >> Polity

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JAMMU AND KASHMIR - ELECTIONS

JAMMU AND KASHMIR - ELECTIONS

 
 
1. Context
 
The 2024 Jammu and Kashmir Assembly elections are significant for several reasons. They are especially important because this is the first election following the abrogation of Article 370 in August 2019, which led to the division of the former state into the Union Territories of Jammu & Kashmir and Ladakh.
 
2. Jammu and History and History of Elections
 
  • 1951: The first election was held in Jammu and Kashmir to elect members to the Constituent Assembly of the state. Sheikh Abdullah's National Conference (NC) party won a landslide victory, securing all 75 seats. This assembly was responsible for drafting the state’s constitution.

  • 1957 and 1962: The elections for the state legislative assembly were held under the Constitution of Jammu and Kashmir. Sheikh Abdullah was dismissed in 1953 and replaced by Bakshi Ghulam Mohammad, who led the National Conference to victory in these elections. These elections were controversial, with allegations of electoral malpractice

  • The 1977 elections were the first relatively free and fair elections in J&K. Sheikh Abdullah, who had been released from imprisonment and reconciled with the Indian government, returned to power. The National Conference won the elections, and Sheikh Abdullah became the Chief Minister.
  • The 1983 elections saw a fierce battle between the National Conference, now led by Sheikh Abdullah's son, Farooq Abdullah, and the Indian National Congress (INC), led by Indira Gandhi. The National Conference emerged victorious, but tensions between the two parties increased, particularly as the Congress tried to destabilize the state government
  • The 1987 elections are often considered a turning point in J&K's political history. The NC-Congress alliance won the election, but the process was widely criticized for alleged rigging. This disillusioned many voters and is considered one of the triggers for the Kashmiri insurgency that erupted in the late 1980s
  • After nearly a decade of turmoil and insurgency, the 1996 elections marked the return of democracy to Jammu and Kashmir. The National Conference returned to power under Farooq Abdullah. However, the political environment remained highly tense, and turnout was low, especially in the Kashmir Valley
  • The 2002 elections saw the emergence of a new political force, the People’s Democratic Party (PDP), led by Mufti Mohammad Sayeed. The PDP formed a coalition government with the Congress, marking a significant shift in the state’s political landscape. The PDP's "healing touch" policy was aimed at addressing the grievances of the Kashmiri people
  • The 2014 elections saw the Bharatiya Janata Party (BJP) make significant inroads, especially in the Jammu region, winning 25 seats. The PDP emerged as the single largest party with 28 seats. Despite ideological differences, the PDP and BJP formed a coalition government, with Mufti Mohammad Sayeed as Chief Minister. After his death, his daughter, Mehbooba Mufti, took over in 2016
  • The PDP-BJP coalition collapsed in 2018 when the BJP withdrew support, leading to the imposition of Governor’s Rule. Political uncertainty increased, and no elections were held for the legislative assembly after this
 
3. Key takeaways from J&K Elections
 
  • The Jammu and Kashmir Reorganisation Act, 2019 led to the creation of two Union Territories (UTs): Ladakh, which has no legislature, and Jammu and Kashmir, which does have a legislature.
  • This involved amendments to the First Schedule of the Constitution, which outlines all states and UTs, and to Article 3, which pertains to the formation and modification of states and UTs, including changes in areas, boundaries, or names. Consequently, the new legislative assembly in Jammu and Kashmir will now represent a UT instead of a state.
  • Section 13 of the Act also extends the application of Article 239A—originally intended for the UT of Puducherry, providing for local legislatures or councils of ministers—to Jammu and Kashmir.
  • The Legislative Assembly of Jammu and Kashmir is composed of 90 seats, and the Reorganisation Act allows the Lieutenant Governor to nominate up to two members to the assembly to ensure women's representation if deemed insufficient.
  • In July 2023, an amendment to the Act increased the number of nominated members to five, allowing the nomination of three additional members: two from the Kashmiri migrant community (one of whom must be a woman) and one from the displaced persons from Pakistan-occupied Jammu and Kashmir (PoJK).
  • The structure of the J&K UT Assembly mirrors that of Puducherry, where nominated members hold equal status with elected members, including voting rights. In Jammu and Kashmir, up to five members can be nominated.
  • Regarding the powers of the Assembly, J&K's accession to India in 1947 was limited to matters of defence, foreign affairs, and communications. While Article 370 (before its revocation) restricted Parliament’s authority over J&K, over time, the Centre’s legislative power was extended to include several subjects from the Union List (List I of the Seventh Schedule) of the Constitution
 
4. Reorganisation act and J&K
 
  • The Reorganisation Act of 2019 introduced a new governance framework for Jammu and Kashmir, where the Lieutenant Governor (LG) plays a more prominent role compared to the Legislative Assembly. This is evident from two important provisions:
  • Section 32 of the Act outlines the legislative powers of the Assembly, allowing it to make laws for the entire or any part of the Union Territory on matters listed in the State List, except for entries 1 (Public Order) and 2 (Police). The Assembly can also legislate on subjects from the Concurrent List, provided they apply to Union Territories. However, unlike states, where laws can be made on subjects from the Concurrent List as long as they do not conflict with central laws, the powers of the Jammu and Kashmir Assembly are more restricted.

  • Section 36 focuses on special provisions related to financial bills. It mandates that any bill or amendment dealing with financial obligations, such as amendments to existing financial laws, can only be introduced with the recommendation of the Lieutenant Governor. This is significant because most policy decisions could lead to financial implications for the Union Territory, thus giving the LG considerable control over financial legislation.

Additionally, the 2019 Act specifies the powers of the Lieutenant Governor. According to Section 53, which covers the role of the Council of Ministers, the LG can act at his discretion in the following situations:

  • Matters beyond the Assembly’s legislative scope.
  • Cases where the law requires the LG to act in his discretion or perform judicial functions.
  • Issues related to All India Services and the Anti-Corruption Bureau.

This structure grants the LG significant authority, especially in areas concerning financial matters, governance, and administration beyond the Assembly’s control

 
 
5. Challenges in J&K
 
  • Jammu and Kashmir faces long-standing and difficult challenges ahead. Cross-border terrorism continues to pose a significant threat, with recent incidents shifting towards the Jammu region, south of the Pir Panjal range.
  • Reports in August highlighted several issues, including the region's heavy dependence on central funds, low agricultural productivity, inadequate power supply, and concerns over jobs and land security. To foster meaningful change, it is crucial for a responsive and accountable government to tackle these pressing concerns
  • Curbs on Civil Liberties: Since the abrogation of Article 370, several restrictions have been imposed on the region, including frequent internet shutdowns, detentions under the Public Safety Act (PSA), and limited freedom of assembly. Human rights groups have raised concerns about these measures, and there is a growing perception that civil liberties have been curtailed.
  • Arbitrary Detentions: Several political leaders and activists have been detained for long periods, which has led to accusations of stifling dissent
 
6. How J& K become a part of India?
 
Knowledge Nugget of the day: What makes the J&K 2024 Elections Special?
 
PC - Wikkicommons
  • Dubbed the "Switzerland of the East," the princely state of Jammu and Kashmir was established in March 1846 when the British sold Kashmir to Gulab Singh, the Dogra jagirdar of Jammu, for 7.5 million Nanakshahee rupees under the Treaty of Amritsar, following the first Anglo-Sikh War.
  • Maharaja Hari Singh, who was ruling when India gained independence, was a descendant of Gulab Singh. As the British prepared to withdraw from India after the partition, the princely states were given the option to join either India or Pakistan or to remain independent, although the latter choice was not practical.
  • Nevertheless, Hari Singh was drawn to the idea of making Kashmir a "completely neutral" territory, envisioning it as a "Switzerland of the East."
  • In June 1947, Viceroy Lord Louis Mountbatten visited Srinagar and advised Hari Singh's prime minister to choose one of the two countries for accession, but the prime minister insisted that the state wished to remain independent.
  • As August 15, 1947 approached, Hari Singh continued to resist accession, instead proposing "standstill agreements" with both India and Pakistan to maintain trade, travel, and communication services as they had been under British rule. Pakistan agreed to these terms, while India opted to wait.
  • Thus, when India and Pakistan gained independence, Jammu and Kashmir was technically independent as well. However, this independence quickly faced challenges. Less than a month later, on October 22, infiltrators crossed over from the North-West Frontier Province and rapidly advanced into the region.
  • Hari Singh's forces were unprepared to defend the state, and the infiltrators captured Muzaffarabad and defeated Maharaja’s troops at Uri. In response, Hari Singh sent a telegram to the Indian government requesting military assistance.
  • On October 26, Indian diplomat VP Menon convened a meeting of the Defence Committee, during which Governor-General Mountbatten stated that India should intervene militarily only after Hari Singh signed the Instrument of Accession. Shortly thereafter, Hari Singh formally signed the accession to India
 
 

 

For Prelims: Jammu and Kashmir, Prime Minister's Development Package, Border Roads Organisation, National Highway 144A, National Highway and Infrastructure Development Corporation Limited, 
For Mains: 
1. Critically evaluate the challenges faced by the Border Roads Organisation (BRO) in carrying out the upgradation projects. (250 Words)
 
 
Previous Year Questions
 
1. Which place in Jammu & Kashmir is known as “Chhota Kashi”? (JKSSB Finance Sub-Inspector 2021) 
A. Kathua        B. Purmandal      C. Gulmarg         D. Kupwara
 
Answer: B
 
2. Which of the following statements about the Border Roads Organization (BRO) is/are correct? (UPSC CAPF 2022)
1. BRO is concerned with the construction and maintenance of roads in strategically sensitive areas.
2. BRO undertakes snow clearance in high-altitude areas.
Select the correct answer using the code given below.
A. 1 only      B. 2 only          C. Both 1 and 2          D. Neither 1 nor 2
Answer: C
 
3. Consider the following pairs: (UPSC 2014) 
National Highway           Cities connected 
1. NH 4                            Chennai and Hyderabad
2. NH 6                            Mumbai and Kolkata
3. NH 15                         Ahmedabad and Jodhpur
Which of the above pairs is/are correctly matched?
A. 1 and 2 only        B. 3 only            C. 1, 2 and 3         D. None
 
Answer: D
 
4. National Highways and Infrastructure Development Corporation Limited (NHIDCL) was established in India in the year: (DSSSB Junior Secretariat Assistant Official 2022)
A. 2017                 B. 2013             C. 2014                  D. 2012
 
Answer: C
 
Source: The Indian Express

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