Author: Kurma Bhanu Chandra Jyothi, Sri Padmavathi Mahila Viswavidhyalam
This composition is about the region administered by India as a union territory.
To The Point:
Jammu and Kashmir normally called as J&K. J&K is a region administered by India as a union home and consists of a southern part of larger Kashmir region. Which is subject to dispute between the India and Pakistan since 1947. And also disputes between the China and India since 1959. Coming to the point J&K have special status under article 370 of the constitution of India. Compare with other states Jammu and Kashir have separate constitution and separate flag and administrative autonomy. According to Indian constitution under article 35A says that, other states were not allowed to purchase land or property in Jammu and Kashmir. J&k Had three distinct areas: one is Hindu and second one is Muslim and third one is Buddhist. They were placed in Jammu (Hindu Region) and Kashmir9Muslim region) and Ladakh (Buddhist region).
The Bhartiya Janata Party (BJP) came to power in the 2014 Indian general election and five times latterly included in their 2019 election fiat the cancellation of Article 370 of the Constitution of India, to bring Jammu and Kashmir to equal status with other states.
On 11 December 2023, the Supreme Court of India unanimously upheld the invalidation of articles 370 and 35A, while also directing the union government to restore the statehood of Jammu and Kashmir and hold legislative assembly choices no latterly than September 2024. The first- ever assembly election for Jammu and Kashmir since its special status was abandoned was held from September to October 2024, with the alliance of Jammu & Kashmir National Conference and Indian National Congress winning the maturity of the seats and Omar Abdullah getting the Chief Minister.
Use Of Legal Jargon:
The Jammu and Kashmir Reorganisation Act, 2019, is a corner legislation that converted the quondam state of Jammu and Kashmir into two Union homes Jammu & Kashmir and Ladakh. This move followed the invalidation of Composition 370 of the Indian Constitution, which had handed special autonomy to the region.
– Bifurcation into Union homes The Act resolve the state into two Union homes — Jammu and Kashmir, and Ladakh.
– Legislative Assembly Jammu and Kashmir was given a legislative assembly, while Ladakh is administered by a Lieutenant Governor.
– Lok Sabha Representation Of the six Lok Sabha seats, one is allocated to Ladakh and five to Jammu and Kashmir.
– High Court governance The High Court of Jammu and Kashmir serves both Union homes.
– Governance under Composition 239A Jammu and Kashmir’s administration follows Composition 239A, analogous to Puducherry, with a Lieutenant Governor appointed by the President and a legislative assembly of 107 to 114 members.
Jammu and Kashmir is named after the two regions it encompasses – the Jammu region and the Kashmir Valley. As per Government of India, Kashmir region encompasses the region under Indian control and the home under Pakistan control known as” Pakistan- enthralled Kashmir”(POK). While Pakistan considers the Indian controlled territory as a part of “Indian-occupied Kashmir” (IOK) or “Indian-held Kashmir” (IHK), neutral sources use “Indian-administered Kashmir”/”Pakistan-administered Kashmir” and “Indian-controlled Kashmir”/”Pakistan-controlled Kashmir” to demarcate the areas.
The Proof:
Limited legislative power:
The Indian Parliament could only legislate on defence, external affairs, and communications.
– Special constitutional status: Jammu and Kashmir had its own constitution, and the Indian Constitution’s provisions did not automatically apply.
– Amendment and repeal: Article 370(3) stated that the special status could not be amended or repealed without the recommendation of the Constituent Assembly of Jammu and Kashmir.
– Loss of special status: The state no longer enjoys special constitutional status. – Increased central control: The Indian Parliament now has greater legislative power over Jammu and Kashmir.
– Reorganization: The state has been reorganized into two Union Territories: Jammu and Kashmir, and Ladakh. The Supreme Court’s verdict on the abrogation of Article 370 can be found in the case of In Re: Article 370 of the Constitution (Writ Petition (Civil) No. 1099 of 2019).
Abstract:
Jammu and Kashmir typically called as J&K. J&K is a region administered by India as a union home and consists of a southern part of larger Kashmir region. Which is subject to disagreement between the India and Pakistan since 1947. And also controversies between the China and India since 1959.
Coming to the point J&K have special status under composition 370 of the constitution of India. Compare with other countries Jammu and Kashir have separate constitution and separate flag and executive autonomy. According to Indian constitution under composition 35A says that, other countries were n’t allowed to buy land or property in Jammu and Kashmir. J & k Had three distinct areas one is Hindu and alternate bone is Muslim and third bone is Buddhist. They were placed in Jammu( Hindu Region) and Kashmir9Muslim region) and Ladakh( Buddhist region).
The Bhartiya Janata Party( BJP) came to power in the 2014 Indian general election and five times subsequently included in their 2019 election edict the cancellation of Composition 370 of the Constitution of India, to bring Jammu and Kashmir to equal status with other countries.
Vittles for the conformation of the union home of Jammu and Kashmir were contained within the Jammu and Kashmir Reorganization Act, 2019, which was passed by both houses of the Parliament of India in August 2019. The actre-constituted the former state of Jammu and Kashmir into two union homes, one being Jammu and Kashmir and the other being Ladakh, with effect from 31 October 2019.
On 11 December 2023, the Supreme Court of India unanimously upheld the nullification of papers 370 and 35A, while also directing the union government to restore the statehood of Jammu and Kashmir and hold legislative assembly choices no subsequently than September 2024.
As per Government of India, Kashmir region encompasses the region under Indian control and the home under Pakistan control known as” Pakistan- enthralled Kashmir”( POK). While Pakistan considers the Indian controlled territory as a part of “Indian-occupied Kashmir” (IOK) or “Indian-held Kashmir” (IHK), neutral sources use “Indian-administered Kashmir”/”Pakistan-administered Kashmir” and “Indian-controlled Kashmir”/”Pakistan-controlled Kashmir” to demarcate the areas.
Case Laws:
– In Re: Article 370 of the Constitution (Writ Petition (Civil) No. 1099 of 2019): The Supreme Court upheld the constitutionality of the Union’s abrogation of Article 370, which removed the special status granted to Jammu and Kashmir.
– Santosh Kumar v. State of J&K: The court held that the abrogation of Article 370 did not violate the Constitution, as the Presidential Order revoking the article was valid.
Conclusion:
The special status of Jammu and Kashmir was a complex and contentious issue that had far-reaching implications for the state and the country as a whole. While the provision was intended to be temporary, it remained in place for over 70 years and became an integral part of the state’s identity.
The abrogation of Article 370 has changed the dynamics of the state’s relationship with the rest of India. While some argue that the decision will lead to greater integration and development, others fear that it will erode the state’s autonomy and cultural identity.
Ultimately, the future of Jammu and Kashmir will depend on the ability of the Indian government to balance the competing demands of integration, autonomy, and development.
The union territory of Jammu and Kashmir is at a critical juncture, navigating the complexities of administrative reorganization, economic development, and cultural preservation. While challenges persist, the region holds immense potential for growth and prosperity. As Jammu and Kashmir continues to evolve, it is essential to prioritize inclusive development, cultural sensitivity, and environmental sustainability to ensure a brighter future for its residents.
FAQs:
1. What is the current status of Jammu and Kashmir?
Jammu and Kashmir is a Union Territory of India, bifurcated from the state of Jammu and Kashmir in 2019.
2. What are the two Union Territories created from the state?
The two Union Territories are Jammu and Kashmir, and Ladakh.
3. What is the capital of the Union Territory of Jammu and Kashmir?
Srinagar is the summer capital, and Jammu is the winter capital.
History and Reorganization
1. What led to the reorganization of Jammu and Kashmir?
The Indian Parliament passed the Jammu and Kashmir Reorganisation Act, 2019, which abolished Article 370 and reorganized the state into two Union Territories.
2. What was Article 370, and why was it abolished?
Article 370 granted special status to Jammu and Kashmir, restricting the Indian Parliament’s power to legislate on matters related to the state. It was abolished to integrate Jammu and Kashmir more closely with the rest of India.
3. What are the implications of the reorganization?
The reorganization aims to promote economic development, improve governance, and enhance national security in the region.
Governance and Administration
1. Who is the head of the Union Territory of Jammu and Kashmir?
The Lieutenant Governor is the head of the Union Territory.
2. What is the role of the Lieutenant Governor?
The Lieutenant Governor is responsible for administering the Union Territory, with the assistance of advisors and officials.
3. How is the Union Territory of Jammu and Kashmir governed?
The Union Territory is governed by the Jammu and Kashmir Reorganisation Act, 2019, and the rules and regulations framed thereunder.
Economy and Development
1. What are the main industries in Jammu and Kashmir?
The main industries in Jammu and Kashmir include agriculture, horticulture, sericulture, and tourism.
2. What are the key initiatives for economic development in Jammu and Kashmir?
The key initiatives include infrastructure development, industrial promotion, and skill development programs.
3. How is the Union Territory of Jammu and Kashmir promoting tourism?
The Union Territory is promoting tourism through various initiatives, including infrastructure development, marketing campaigns, and cultural events.
Social and Cultural Aspects
1. What are the main cultural influences in Jammu and Kashmir?
The main cultural influences in Jammu and Kashmir include Hinduism, Islam, and Buddhism.
2. What are the main festivals celebrated in Jammu and Kashmir?
The main festivals celebrated in Jammu and Kashmir include Eid-al-Fitr, Diwali, and Navratri.
3. How is the Union Territory of Jammu and Kashmir preserving its cultural heritage?
The Union Territory is preserving its cultural heritage through various initiatives, including the promotion of traditional arts and crafts, cultural events, and the preservation of historical monuments.
