Context & The Gist
Following the abrogation of Article 370 in 2019, Jammu and Kashmir was bifurcated into Union Territories. Despite a recent election resulting in an elected government, the region remains under the administrative control of a Lieutenant Governor appointed by the Centre. This editorial argues that the current arrangement – a Union Territory with an Assembly – is inefficient and undemocratic, hindering the effective implementation of the elected government’s mandate and necessitating the restoration of full statehood as promised.
Key Arguments & Nuances
- Inefficiency of UT with Assembly:
The current governance model, where an elected government operates under the authority of a Lieutenant Governor, is inherently inefficient. The L-G’s discretionary powers and approval requirements constrain the government’s ability to implement its policies and fulfill its electoral promises.
- Democratic Deficit:
A core democratic principle is that an electoral mandate should be accompanied by the power to execute it. The existing structure undermines this principle, rendering the elected representatives partially powerless.
- Political Constraints & Compromises:
The elected government, while maintaining a cordial relationship with the Centre to secure financial benefits, faces criticism for not advocating more strongly for the restoration of special status and for perceived subservience to the L-G.
- Symbolic Gestures & Political Sensitivity:
Even seemingly innocuous actions, like the Chief Minister’s visit to a cemetery, become politically charged due to the sensitive context and ongoing tensions.
UPSC Syllabus Relevance
- Polity: Constitutional provisions related to states and Union Territories, Centre-State relations, and the powers of the Governor/Lieutenant Governor.
- Governance: Issues related to governance, administration, and the efficiency of public service delivery.
- Social Issues: The socio-political dynamics of Jammu and Kashmir and the impact of policy changes on the region.
Prelims Data Bank
- Article 370: Granted special autonomous status to Jammu and Kashmir, abrogated in August 2019.
- Jammu and Kashmir Reorganisation Act, 2019: Bifurcated the state into the Union Territories of Jammu and Kashmir, and Ladakh.
- Darbar Move: A 150-year-old tradition of shifting the government headquarters between Srinagar and Jammu, symbolizing inclusivity.
Mains Critical Analysis
The situation in Jammu and Kashmir presents a complex interplay of political, administrative, and social factors. The core issue is the tension between the Centre’s desire for control and the democratic aspirations of the people of J&K. The current arrangement, while potentially offering some administrative efficiency, suffers from a significant democratic deficit. The elected government’s limited powers hinder its ability to address local concerns and implement its vision for the region. This creates a sense of disempowerment and fuels political instability.
Challenges
- Erosion of Democratic Principles: The L-G’s overriding authority undermines the legitimacy of the elected government.
- Governance Deficit: The lack of full statehood hampers effective policy implementation and decision-making.
- Political Discontent: The perceived subservience of the government to the Centre breeds resentment among both the ruling alliance and the opposition.
Opportunities
- Restoring Faith in Democracy: Granting full statehood would demonstrate a commitment to democratic principles and empower the people of J&K.
- Improved Governance: A fully empowered state government can address local needs more effectively and promote sustainable development.
- Strengthening Centre-State Relations: A more equitable relationship between the Centre and the state can foster trust and cooperation.
Value Addition
- S.R. Bommai Case (1994): This SC judgment emphasized the importance of federalism and the limits of central intervention in state affairs.
- Punchhi Commission (2010): Recommended guidelines for Centre-State relations, including greater financial autonomy for states.
- Best Practice: The model of devolution of powers to local bodies in Kerala can be considered for strengthening grassroots democracy in J&K.
- Quote: “Democracy is not merely a form of government; it is a way of life.” – B.R. Ambedkar
The Way Forward
- Immediate Measure: Fulfill the commitment made in Parliament and before the Supreme Court to restore full statehood to J&K.
- Long-term Reform: Implement a comprehensive package of political and economic reforms to address the root causes of discontent and promote inclusive development. This includes revisiting the constitutional status of J&K and ensuring greater autonomy within the framework of the Indian Constitution.