Constitution Order 2019 came at a time when all hopes and ideas of ushering a new era of peace and progress in Kashmir (which is believed to be heaven on earth but is afflicted by terror, turbulence and torment) started to fade away. The Constitution (Application to Jammu and Kashmir) Order,2019 took away the special status conferred to J&K by Article 370. Before one dive deep into the impacts and vision of this order, it is crucial to know the backdrops of it.
It is a well-known fact that Article 370 of the Indian Constitution conferred special status to Jammu and Kashmir. Only two articles could apply to J&K: Article 1, which defines India, and Article 370 itself, which provided that other provisions of the Indian Constitution can apply to J&K “subject to such exceptions and modifications as the President may by order specify”, and with the concurrence of the state government. The state’s residents lived under a separate set of laws such as those related to citizenship, separate penal code and fundamental rights as compared to the other citizens of India. Article 35A of the constitution gave powers to the J&K Assembly to define permanent residents of the state and their special rights and privileges. Over the years, through Presidential Orders, the provisions of the Indian Constitution were extended to J&K eroding the effectiveness of Article 370 subsequently. For instance,94 of 97 entries in Union List, around 260 articles have already been extended to the state. These orders faced opposition and were challenged on the ground of violation of Article 370 and the powers of the governor to make the recommendation without the concurrence of the state government, yet the centre did it as the Supreme Court had so far allowed it to do so in the anticipation of the extended benefits of schemes and laws for people of Jammu and Kashmir.
In essence, The Constitution (Application to Jammu and Kashmir) Order,2019 says that it supersedes the constitution order 1954, as amended from time to time and all the provisions of the constitution as amended from time to time, shall apply to the state of J&K.
It also amends Article 367 and says that references for the time being of this Order, recognised by the President on the recommendation of the Legislative Assembly of the State as the Sadar-e-Riyasat of J&K, acting on the advice of the Council of Ministers of the state shall be construed as references to the Governor of J&K. It also changed the expression of Constituent Assembly of the State referred to in clause (2) of Article 370 to be read ‘Legislative Assembly of the State’.In effect by using Article 370 itself, the government cleared its way to end the special status granted by Article 370. This was followed by a reorganization of the state. J&K has been made a Union Territory and Ladakh has been separated and given the status of Union Territory.
The vision behind this whole act is based on the belief that Article 370 is a barrier for integration and development. It is believed that it was a temporary and transient provision and hence, was destined to go. While responding to the apprehensions on this resolution, Shri Amit Shah said “Article 370 has prevented J&K to merge with India rather than being a basis of its merger”. Hence, by ending the special status granted to Jammu and Kashmir, the government sought a greater integration of J&K and its people with India. The rules, in practice earlier, held back development in J&K as it obstructed private investments. So the new order may open up a plethora of opportunities leading to growth subsequently. The lack of job opportunities, development, and lesser integration gave birth to separatism which in turn allowed terrorism to spread in the valley, forcing them to live under constant fear. Now, since everything is under direct control of central government anti-terrorism operations can be carried out with greater coordination of police & force and development will slowly eradicate separatism thereby saving the youngsters of the valley from being dragged into darkness, as is believed by the government. The discriminatory citizenship provisions against women, Valmiki community and refugees shall end with the revocation of autonomy of state. With the application of all the laws and schemes that apply to whole India, their benefits will reach to the people of J&K who were hitherto, deprived of the schemes such as Ayushman Bharat and the laws on transparency and efficient administration.
As far as the J&K Reorganization Act is concerned, the government put forth the argument that the state is divided into parts that are geographically, demographically and culturally different and keeping them together made the task of administration and development inconvenient. Since the state is believed to be in a sensitive stage as of now, the Centre decided to keep it in their hands by making it a UT. The Home Minister has assured that if the UT model works well, the government may consider to give it the status of state again.
Now the question is, how far this vision for a transformed J&K is being realised? There has been range of developments in J&K since the order was passed. As per the Ministry of Home Affairs (MHA) data, as many as 168 Memorandum of Understanding (MoU) have already been signed for J&K. The laws for transparency and accountability like RTI Act ,2005; Whistle Blowers Protection Act,2014; SC & ST (Prevention of Atrocities) Act; Forest Rights Act, 2007; RTE ACT ,2009 etc. have been made applicable to J&K. Now the people residing in J&K may also reap the benefits of Central government’s scheme like Atal Pension Yojana, Jan Dhan Yojana and many others. National Saffron Mission has been launched under which more than 3,500 hectares land in J&K is being revitalized for Saffron cultivation. Besides several other projects for infrastructural development are under consideration. As per the reports by MHA, terror related activities have reduced by 36% in the valley after this revocation and there have been 40% decrease in involvements of local youth in terrorist organisations. Moreover, the govt. employees in J&K now receive their emoluments under the 7th pay commission. Recruitments are being done in J&K at all levels in various government departments. Recently, the Domicile Laws for J&K have also been relaxed which will not only prove helpful for central government employees but also to the marginalised sections such as West Pakistani refugees, Valmiki community, other migrants etc.
These instances prima facie portray a picture of changes taking place in J&K but still there are questions that linger around. Primarily, was it the autonomy of state that had hindered all these developments for decades? How many people have benefitted from these radical changes is yet to be known? Why, for sake of curbing terrorism and violent protest, extended curfews were placed? Why were the political prisoners kept detained for so long? If they fear that internet may be used to destabilize Kashmir then why don’t they create a filtering mechanism for information shared on internet? They cannot keep people without an important necessity in today's world. The reorganization of the state also raises the brows as it can be seen as a means to change the demographic makeup of the region for political gains. Most importantly, Why the democracy has been put on halt in J&K? More than two years have passed; still J&K is under Presidential Rule. Though the District Development Council election has brought some respite and hopes for establishing democracy but this is not sufficient.
The changes made by government may unfold an era of peace and progress in J&K but the fact that Article 370 is to go with the concurrence of the people of J&K cannot be ignored. Their disenfranchisement may instil a feeling of alienation in the people which may lead to unintended and dangerous consequences. Therefore, the need of the hour is to undertake confidence building measures, especially among youth, introduce democratic practices and socio-economic development of the region in order to realize the idea of a new J&K, as envisioned by the government and all the Indians.
By Shakshi Kundu
REFERENCES
1. https://youtu.be/f3QQwJVyufU
2. PIB dated 5 August 2019 www.pib.nic.in
3. The Hindu https://www.thehindu.com/news/national/explained- presidents-order-scraps-its-predecessor-and-amends-article-370/ article28826722.ece
4. Gazette of India, notification for the Constitution (Application to Jammu and Kashmir) Order,2019
Such an insightful and enlightening article💯👏
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