Separatist movements have been one of the major factors contributing to militancy and instability in Jammu & Kashmir (J & K). Bring out actions taken by the Government to bring J & K into national mainstream. Discuss pre and post abrogation status of Articles 370 and 35A. Also bring out positive impacts of abrogation of both articles in mainstreaming the state.
15 marks · answer in 250 words · directive: Bring out / Discuss
The core of a good answer
Separatism fed militancy in J&K for decades; the state has responded with security operations against terror and its funding, development and democratic outreach, and in August 2019 the abrogation of Article 370 and the end of Article 35A, upheld by the Supreme Court in December 2023, integrated J&K constitutionally, followed by lower violence, rising investment and high turnout in the 2024 elections, though statehood and reconciliation remain unfinished tasks.
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What the question asks
Four demands: link separatism to militancy briefly, set out government actions (security, development, political), compare the constitutional position before and after abrogation, and bring out positive impacts. A balanced answer notes what remains to be done, without turning the question into a critique.
Answer outline
Introduction
Separatist groups and cross-border sponsorship drove militancy in J&K from 1989. On 5 and 6 August 2019 the special status under Article 370 was ended, and J&K was reorganised into two Union Territories from 31 October 2019.
Actions by the Government
- Security: counter-infiltration grid, operations against terrorist networks, and action on terror funding; Jamaat-e-Islami (J&K) (February 2019) and JKLF (March 2019) were banned under UAPA.
- Development: acceleration of 53 projects under the PM’s Development Package-2015 and a new Central Sector scheme for industrial development notified 19 February 2021 with Rs 28,400 crore.
- Democratic outreach: Lok Sabha and Assembly elections in 2024.
Status before abrogation
- Article 370 limited Parliament’s power to the subjects in the Instrument of Accession and other matters with the State’s concurrence; Union laws applied only through Presidential orders.
- J&K had its own Constitution (1956) and flag.
- Article 35A, inserted by the Constitution (Application to Jammu and Kashmir) Order, 1954, let the State define permanent residents and reserve state jobs, immovable property, settlement and scholarships for them, immune from challenge under fundamental rights.
Status after abrogation
- C.O. 272 (5 August 2019) applied the whole Constitution to J&K; C.O. 273 (6 August 2019) declared all clauses of Article 370 except clause (1) inoperative; Article 35A ceased with the 1954 order.
- J&K Reorganisation Act, 2019: Union Territories of J&K (with legislature) and Ladakh (without) from 31 October 2019.
- Domicile replaced permanent residence (2020): 15 years’ residence or 7 years’ study with Class 10 or 12 exams there.
- In Re Article 370 (11 December 2023): five-judge bench held Article 370 a temporary provision, upheld the abrogation and Ladakh’s creation as a Union Territory, directed elections by 30 September 2024 and restoration of statehood as soon as possible.
Positive impacts
- The full Constitution, including all fundamental rights, and central laws now apply uniformly.
- Violence fell: terrorist-initiated incidents 228 in 2018 to 43 in 2023 (up to 30 November); civilian deaths 55 to 13; security personnel killed 91 to 25 (MHA).
- Investment rose from Rs 296.64 crore in 2019-20 to Rs 2,153 crore in 2022-23.
- Democratic participation: Assembly election turnout of 63.88% in 2024.
Remaining tasks
- Restore statehood, address infiltration and targeted killings, and pursue reconciliation and jobs for youth.
Conclusion
Abrogation removed the legal basis of separateness, and security and development have reduced violence; durable mainstreaming now depends on restored statehood, credible local governance and economic opportunity for the young.
Examples and data to cite
- In Re: Article 370 of the Constitution, Supreme Court, 11 December 2023 (CJI D.Y. Chandrachud and four judges).
- PIB (Lok Sabha reply), 19 December 2023: incidents, encounters and casualty data for 2018 and 2023; investment figures 2019-20 to 2023-24.
- ECI: overall turnout of 63.88% in the J&K Assembly election, 2024.
- Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020 replaced 'permanent resident' with 'domicile'.
Facts to remember
- Article 370 was in Part XXI (Temporary, Transitional and Special Provisions).
- Statutory resolution passed Rajya Sabha on 5 August 2019 and Lok Sabha on 6 August 2019.
- The Supreme Court found the use of Article 367 in C.O. 272 to amend Article 370 ultra vires, but upheld the outcome because the President could act under Article 370(3).
- Justice S.K. Kaul recommended a truth and reconciliation commission.
Where it sits in the syllabus
- GS3: Development and extremism
Linkages between development and spread of extremism.
- GS3: External actors and internal security
Role of external state and non-state actors in creating challenges to internal security.
- GS3: Border security, organised crime and terrorism
Security challenges and their management in border areas; linkages of organized crime with terrorism.