Knowledge Nugget of the day: Jammu and Kashmir Elections

Why successful news?

The 2024 Jammu and Kashmir Assembly elections are important for respective reasons. They are particularly important due to the fact that this is the archetypal predetermination pursuing the abrogation of Article 370 successful August 2019, which led to the part of the erstwhile authorities into the Union Territories of Jammu & Kashmir and Ladakh.

Key Takeaways :

(1) The Jammu and Kashmir Reorganisation Act, 2019 created 2 UTs — the UT of Ladakh without a legislature, and the UT of Jammu and Kashmir with a legislature. An amendment was made to the First Schedule of the Constitution, which lists each states and UTs, and to Article 3 of the Constitution, which deals with the “Formation of caller States and alteration of areas, boundaries oregon names of existing States.” Thus, the caller Assembly of Jammu and Kashmir volition beryllium for a UT, not a state.

(2) Section 13 of the 2019 Act states that Article 239A of the Constitution (“Creation of section Legislatures oregon Council of Ministers oregon some for definite Union territories”), which provides for the medication of the UT of Puducherry, shall besides use to the UT of Jammu and Kashmir.

(3) Composition of Legislative Assembly of J&K: The Union Territory of Jammu and Kashmir has 90 Assembly seats. The J&K Reorganisation Act, 2019 specifies that the Lieutenant-Governor of the “successor Union Territory of Jammu and Kashmir whitethorn nominate 2 members to the Legislative Assembly” to springiness practice to women “if successful his opinion, women are not adequately represented successful the Legislative Assembly”.

In an amendment to the Act successful July 2023, an summation was made to let for the information of 3 much members to the Assembly. Two members from the Kashmiri migrant community, 1 of whom is to beryllium a woman, and 1 subordinate from the “displaced persons from Pakistan-occupied Jammu and Kashmir”

Notably, The J&K UT Assembly is modelled connected the Puducherry Assembly wherever 3 nominated members relation connected par with elected MLAs and besides person voting rights. (In lawsuit of J&K 5 members tin beryllium nominated.)

(4) Powers of the Assembly: As per the 1947 Instrument of Accession, J&K had acceded to India successful respect of lone defence, overseas affairs, and communications. Under Article 370 arsenic it stood earlier the abrogation, Parliament had constricted legislative powers with respect to J&K. Over the years, however, the Centre’s lawmaking powerfulness was extended to screen respective different subjects successful the Union List (List I of the Seventh Schedule of the Constitution).

The Reorganisation Act of 2019 created a vastly antithetic structure, successful which the LG has a overmuch bigger relation compared with the authorities Assembly. This tin beryllium understood from 2 cardinal provisions.

(i) First, Section 32 of the Act, which deals with the grade of legislative powerfulness of the Assembly, states that “subject to the provisions of this Act, the Legislative Assembly whitethorn marque laws for the full oregon immoderate portion of the Union territory of Jammu and Kashmir with respect to immoderate of the matters enumerated successful the State List but the subjects mentioned astatine entries 1 and 2, namely “Public Order” and “Police” respectively oregon the Concurrent List successful the Seventh Schedule to the Constitution of India successful truthful acold arsenic immoderate specified substance is applicable successful narration to the Union territories.” 

States, connected the different hand, tin legislate connected subjects successful the Concurrent List, to the grade that specified a instrumentality is not repugnant oregon contrary to the cardinal instrumentality connected the issue.

(ii) Section 36 of the 2019 Act deals with peculiar provisions for fiscal Bills. This proviso states that a Bill oregon amendment “shall not beryllium introduced into, oregon moved in, the Legislative Assembly but connected the proposal of the Lieutenant Governor”, if specified Bill deals with, among different aspects, “the amendment of the instrumentality with respect to immoderate fiscal obligations undertaken oregon to beryllium undertaken by the Government of the Union territory…”.

This proviso has wide import since virtually each argumentation determination could make a fiscal work for the Union Territory.

(5) Powers of the J&K LG: The 2019 Act besides specifies the powers of the J&K LG. Section 53, which deals with the relation of the Council of Ministers, states: “The Lieutenant Governor shall, successful the workout of his functions, enactment successful his discretion successful a matter:

(i) which falls extracurricular the purview of the powers conferred connected the Legislative Assembly; or

(ii) successful which helium is required by oregon nether immoderate instrumentality to enactment successful his discretion oregon to workout immoderate judicial functions; or

(iii) related to All India Services and Anti Corruption Bureau.”

This means that isolated from nationalist bid and police, the bureaucracy and the anti-corruption bureau volition besides beryllium nether the LG’s control.

The proviso besides says that whenever “any question arises whether immoderate substance is oregon is not a substance arsenic respects which the Lieutenant Governor is by oregon nether this Act required to enactment successful his discretion, the determination of the Lieutenant Governor successful his discretion shall beryllium final, and the validity of thing done by the Lieutenant Governor shall not beryllium called successful question connected the crushed that helium ought oregon ought not to person acted successful his discretion”, and that “the question whether any, and if truthful what, proposal was tendered by Ministers to the Lieutenant Governor shall not beryllium inquired into successful immoderate court”.

(6) Challenges successful J&K: According to Express View connected announcement of J&K polls: 

Long overdue pugnacious challenges prevarication up successful J&K. Cross-border terror remains a menace — successful caller days, the theatre has moved southbound of Pir Panjal, to the Jammu region. A bid of reports successful this insubstantial successful august period had pointed retired J&K’s excessive reliance connected funds from the Centre, debased cultivation productivity, powerfulness deficiency arsenic good as insecurity implicit jobs and land. For alteration to instrumentality seed, it is imperative that these concerns are addressed by a authorities that is responsive and accountable..”

BEYOND THE NUGGET: How Jammu and Kashmir became portion of India?

(1) ‘Switzerland of the East’: The princely authorities of Jammu and Kashmir came into being successful March 1846, erstwhile the British, nether the Treaty of Amritsar aft the archetypal Anglo-Sikh War, sold Kashmir for a sum of 7.5 cardinal Nanakshahee rupees to Gulab Singh, the Dogra jagirdar of Jammu.

Maharaja Hari Singh, who was connected the throne erstwhile India became independent, was descended from Gulab Singh. As the British prepared to retreat from India aft dividing it, the princely states were fixed the enactment of joining either India oregon Pakistan oregon remaining independent, though the past enactment was hardly practical. Yet, it was this enactment that appealed to Hari Singh, with dreams of making Kashmir “completely neutral”, a “Switzerland of the East”.

(2) Hari Singh’s accession to India: In June 1947, Viceroy Lord Louis Mountbatten visited Srinagar. He advised Hari Singh’s premier curate to prime either state and accede, but was told the authorities wanted to stay independent.

Maharaja Hari Singh wanted to stay autarkic aft the British left. (Photo: Wikimedia Commons)

August 15, 1947 drew nearer, but inactive Hari Singh refused to accede. What helium did suggest were ‘standstill agreements’ with some India and Pakistan, which meant that trade, question and connection services successful his sandwiched domain would proceed arsenic nether the British. Pakistan signed this, but India preferred to wait.

Thus, erstwhile India and Pakistan attained independence, Jammu and Kashmir excessively was technically independent. In a month, this independency came nether strain. In little than a month, the infiltrators came, crossing implicit from past North-West Frontier Province connected October 22. 

The infiltrators precocious quickly, with Hari Singh’s forces successful nary signifier to support the state. They took Muzaffarabad, and defeated the Maharaja’s forces astatine Uri. Hari Singh cabled to the Indian authorities for subject aid. 

On October 26, apical Indian diplomat VP Menon had a gathering of  Defence Committee, wherever Governor-General Mountabatten said that India should intervene militarily lone aft Hari Singh had acceded. Soon aft it Hari Singh signed the Instrument of Accession to India. 

(Source: What powers volition the caller Jammu and Kashmir Assembly have? (IE), The Kashmir issue (IE)

For your queries and suggestions constitute astatine roshni.yadav@indianexpress.com

Subscribe to our UPSC newsletter and enactment updated with the quality cues from the past week.

Stay updated with the latest UPSC articles by joining our Telegram transmission – Indian Express UPSC Hub, and travel america connected Instagram and X.