Background:

• When British India was partitioned in 1947 into India and Pakistan, princely states were given the choice to join either country or remain independent. 
• Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir, initially chose to remain independent but the state was attacked by militants with the support of Pakistan. The state asked for India’s help.
• Instrument of Accession (1947): On October 26, 1947, Maharaja Hari Singh signed the Instrument of Accession to India, agreeing to cede certain powers—defence, foreign affairs, and communications—to the Indian government. 
  • This accession was conditional and temporary, pending a plebiscite to decide the state’s final status.
• Special Status Demand: Jammu and Kashmir’s unique circumstances, including its Muslim-majority population and ongoing conflict, called for a special arrangement. Sheikh Abdullah, the then Prime Minister of Jammu and Kashmir, negotiated with the Indian government for autonomy.
• Constitutional Assembly of Jammu and Kashmir (1951): A separate Constituent Assembly was convened in Jammu and Kashmir to draft its own constitution, which led to the recognition of its special status within India.
• Drafting Article 370: Article 370 was drafted by the Indian Constituent Assembly and included in the Indian Constitution under Part XXI, which deals with “Temporary, Transitional and Special Provisions.” 
  • It was intended to recognize the temporary nature of Jammu and Kashmir’s special status until the state’s Constituent Assembly made a final decision.

Key Provisions of Article 370:

• Autonomy of Jammu and Kashmir: Article 370 granted significant autonomy to Jammu and Kashmir. 
  • It allowed the state to have its own constitution, flag, and autonomy over internal matters except for defence, foreign affairs, finance, and communications, which were controlled by the Indian government.
• Limited Applicability of Indian Laws: Laws passed by the Indian Parliament were not automatically applicable to Jammu and Kashmir. 
  • They could only be applied with the concurrence of the state government, except in matters agreed upon in the Instrument of Accession.
• Presidential Orders: Any modification of Article 370 or extension of central laws to Jammu and Kashmir required the concurrence of the state’s Constituent Assembly. 
  • After the dissolution of the Constituent Assembly in 1956, amendments required the consent of the state government and the issuance of a Presidential Order.
• Delhi Agreement (1952): An agreement between the central government and Sheikh Abdullah that further defined the state’s autonomy and relationship with India, reinforcing the provisions of Article 370.
• Gradual Erosion of Autonomy: Over the decades, the autonomy granted by Article 370 was gradually reduced through various Presidential Orders and amendments that extended central laws to Jammu and Kashmir, diluting its special status.
• From the late 1980s and 1990s, with the support of Pakistan, terror activities started and affected the peace in the state.
• Revocation (2019): On August 5, 2019, the Indian government abrogated Article 370 through a Presidential Order and passed a resolution in Parliament. 
  • This action revoked Jammu and Kashmir’s special status, leading to its bifurcation into two Union Territories: Jammu and Kashmir, and Ladakh. 
  • The move aimed to integrate the state more fully into India and promote development and stability.
  • The UTs were brought under the President’s rule and the status continues up to August 2024.

Reasons for terrorism in Jammu and Kashmir:

• Troubled Pakistan: Pakistan’s military has historically used the threat of India to maintain control over the state and society, justifying its actions as in the national interest. 
  • This has involved supporting terrorism and using radical ideology to further its goals against India, particularly in Kashmir.
• Cold War Geopolitics: During the Cold War, Kashmir became a strategic point in global power dynamics, with Pakistan aligning with the United States and receiving military and financial support. 
  • This alignment, coupled with the abandonment of the Afghan Mujahideen by the U.S. after the Soviet withdrawal, resulted in Pakistan redirecting these resources towards supporting insurgency and terrorism in Kashmir.
• Radical Islam: Pakistan has promoted a radical Islamic narrative to justify its claims over Kashmir, which contrasts sharply with the region’s syncretic culture that blends various religious practices. 
  • This has led to an ideological conflict and the use of religious extremism as a tool to fuel terrorism in the region.
• Fraught Federalism: The unique political and administrative relationship between J&K and the central government of India has been a source of tension. 
  • The implementation of Article 370, which granted special autonomy to J&K, has been seen as fostering a sense of separateness and has been exploited by separatists and external forces like Pakistan to promote unrest and terrorism.
• Separatist Politics: The politics within J&K has often leaned towards separatism, driven by local political strategies that used the special status granted under Article 370.
  • This created an environment where “soft separatism” was profitable, leading to political stagnation and a lack of integration with the broader Indian political landscape, which in turn fueled support for terrorism.

Benefits due to Article 370 abrogation:

• • Improved Governance: The digitization of over 1,000 public utility services has enhanced transparency and efficiency in governance, making it easier for citizens to access various government services.
  • Infrastructure Projects: Major projects under the Prime Minister’s development package have either been completed or are nearing completion, contributing to the region’s infrastructure development.
  • Increased Investment: An estimated Rs 6,000-crore worth of investments have been realised, indicating economic growth and the potential for more business opportunities in the region.
  • Tourism Growth: There has been a substantial increase in tourism, with the number of visitors rising from 3.4 million in 2020 to 21.1 million in 2023. This surge has continued into 2024, suggesting a growing confidence in the region’s stability and attractiveness as a tourist destination.

• Enhanced Security Situation: While the security measures have been stringent, they have maintained relative peace in the Valley, reducing incidents of violence and militancy, which has helped stabilise the region.

• The nature of conflict and infiltration has changed, focusing more on the Jammu sector, indicating a shift in the security challenges faced by the region.

• Democratic Engagement: The 2024 general election saw a voter turnout of 58.6%, the highest in 35 years, reflecting the people’s renewed faith in the democratic process despite earlier political disruptions.
• Centralised Control and Stability: By placing Jammu and Kashmir under direct central administration, the region has experienced a more controlled political environment, reducing the risks of local political instability impacting the broader region.
• Message to Pakistan and International Community: The change in status quo has sent a strong message regarding India’s stance on Kashmir, resetting deterrence parameters with Pakistan and underscoring India’s sovereignty over the region.
• Facilitation of a National Narrative: The abrogation of Article 370 has integrated Jammu and Kashmir more fully into the Indian Union, aligning the region’s administrative and legal structures with the rest of the country.
  • The move has also opened up space for a new political narrative in the region that aligns with broader national interests and objectives, moving away from separatist or autonomy-based narratives.

Measures Needed at present:

• Restore Statehood: There is a pressing need to restore Jammu and Kashmir’s status as a full state to provide a sense of autonomy and political representation. 
  • This step is crucial for addressing the democratic deficit and ensuring that the people of the region have a voice in governance.
• Hold Elections: Fair elections should be conducted, as highlighted by the Supreme Court’s recent deadline. This would help in re-establishing a representative government that reflects the will of the people.
• Involve Local Stakeholders: Governance should be inclusive, involving local stakeholders and communities in decision-making processes. This helps in addressing local issues more effectively and reduces feelings of alienation among the populace.
• Respond to Local Needs and Protests: The government should listen to and address local grievances, such as those related to water and power supply, rather than suppressing them. This approach can foster trust and cooperation between the government and the citizens.
• Promote Investment and Industry: There is a need for a focused strategy to attract more investments and develop industries in Jammu and Kashmir. This would help create job opportunities and spur economic growth, reducing the high unemployment rate, especially among the youth.
• Support Entrepreneurship and Small Businesses: Initiatives should be taken to encourage entrepreneurship and support small businesses. Providing financial aid, training, and infrastructure can help in building a resilient local economy.
• Enhance Education and Healthcare: Investments in education and healthcare infrastructure should be prioritised to improve the quality of life. Better educational facilities can provide more opportunities for the youth, while improved healthcare can ensure the well-being of the population.
• Build Social Capital: Efforts must be made to rebuild social capital that has been eroded due to constitutional and administrative changes. Programs aimed at community development and cohesion can strengthen social bonds and promote harmony.
• Maintain Peace and Security: While it is important to maintain a strong stance against terrorism, the security measures should be balanced with respect for human rights and dignity. A stable and secure environment is essential for the well-being of the people and the region’s development.
• Adapt Security Strategy: With the shifting dynamics of conflict, particularly with increased activity in the Jammu sector, security strategies need to be adaptive and responsive to emerging threats. This involves recalibrating counter-terrorism efforts to address new challenges effectively.

Conclusion:

• Proper development of the Jammu and Kashmir region will ensure that the region is well integrated with India’s growth story and travels in the path of peace.