"This Election for Legislative Assembly of Union Territory of Jammu & Kashmir is Historic in true sense. This is the First election since the Constitution of India is fully applied to the region."
This statement from the Prime Minster of India Shri Narendra Modi in the evening of 8th October 2024 holds multiple layers of meanings.
Bharatiya Janata Party (BJP), the dispensation ruling since 2014 at the center, always believed in "Ek Desh Me Do Vidhan, Do Nishan, Do Pradhan, Nahi Chalenge" (There shall be No Two Statutes, Two Flags, Two Premiers in One Country) since its inception. They never backed from it and with the mandate of the people they did with political will, right intent of National Unity.
Adhering to their conviction and as promised in their election manifesto for 2019 general election, the Union Home Minister Shri Amit Shah 'Announced' in Rajya Sabha, the upper house of the Parliament of India,
"....as from the date on which the President of India signs the Declaration and it is published in the Official Gazette, all clauses of the said Article 370 shall cease to be operative...."
The clause 3 of the Article 370 itself stated that the President may by Public Order (i.e. publishing in Official Gazette) declare that this article shall cease to operate, subject to recommendation of the constituent assembly of the Jammu & Kashmir.
The constituent assembly of Jammu & Kashmir was dissolved in the year 1956, making the Legislative Assembly its statutory heir. In the absence of the Legislative Assembly under President's rule the Governor of the state holds the power to enact and execute statutes for the state.
Accordingly the then Governor of the state passed the recommendation. The President of India received it and issued the Public Notification.
The Article 370 titled 'Temporary Provisions with respect to the state of Jammu & Kashmir' which granted special status to the state. It limited the powers of the Union Government to pass, enact any law in the state subject to ascent of the Assembly of the Jammu & Kashmir.
The Article 35A, inserted in the constitution of India, by a Presidential order, bypassing the constitutional procedure for amendment, introduced the concept of Permanent Resident status for residents of Jammu & Kashmir, denying fundamental rights to seek govt jobs, purchase land and right to cast votes in the state for non residents.
The abrogation of Article 370, and 35A cancelled the Permanent Resident status and led to the full enactment, application of the constitution of India, extending all the rights to every resident in Jammu & Kashmir, like every other Indian enjoys.
The state of Jammu & Kashmir has been hotbed of cross border terrorism and separatism. It has witnessed turbulent years, especially the 1990 where Kashmiri Pandits faced onslaught to the extent of ethnic cleansing, and post the elimination of terrorist Burhan Wani are recent and significant.
The India Armed Forces, Central Armed Police Forces, State Police have been deployed in huge numbers in the state dealing with cross border terrorism as well as separatism within. Articles 370 and 35A are part of social psyche as some sort of divine right for Kashmiris, exacerbated by the separatist political dispensations making it matter of identity.
This decision attracted protest, negation and opposition. The legal battle went on till 2023, when the Supreme Court of India finally upheld the constitutionality of the abrogation of article 370 and 35A.
The Chief Justice of India, in a verdict upholding the constitutionality of abrogation of articles 370 and 35A stated that the Article 35A took away the fundamental rights of non residents of Jammu & Kashmir.
Then followed the constitutional, statutory procedures to reorganize the state. The Parliament thereby reorganized the state into two Union Territories namely Jammu & Kashmir and Ladakh. One with Assembly and other without an assembly.
In the year 2020 the Union Govt. introduced the Domicile clause for Jammu & Kashmir. This made any individual who has resided in the state for 15 years or has studied for 7 years and appeared 10th/12th examinations eligible for domicile certificates, like any other state/ union territory in the country.
The Union Govt. amended 14 Land related laws, repealed 12 of them including Jammu & Kashmir Alienation of Land Act, 1938 and Big Landed Estates Abolition Act, 1950 that protected land holdings for Permanent Residents and alienating the non permanent residents.
The Bharatiya Nyay Sanhita, enacted by the Parliament replaced the Ranbil Penal Code under the erstwhile constitution of Jammu & Kashmir. It effectively ended the special status for Jammu & Kashmir.
The Valmiki community, Pattari, Pahari, Gadda Brahmin and Koli communities residing in the region for 7 decades were included in the Scheduled Castes. Opening gates to right to vote, seek govt. employment, purchase lands among others.
Part IX of the Constitution of India provides for the Three Tier Panchayati Raj institutions of Local Self Government, at Village, Block and District levels. With abrogation of Article 370, the elections for Village Panchayat, Block Development Councils and District Development Councils conducted for the first time in 7 decades. It attracted tremendous turnout.
The Union Govt. and the govt. of Union Territories carried out massive developmental activities. Ensured security, safety of the people. Infrastructure development including the last mile railway connectivity in the Himalayan terrain. World class Healthcare facility of AIIMS among others.
In the year 2022, the Union Govt. formed the delimitation commission for the Union Territory of Jammu & Kashmir. It carried out the exercise defined the 5 Lok Sabha constituencies and 90 Assembly constituencies.
The Lok Sabha general election in April-May 2024 saw massive turnout. The general elections to the Legislative Assembly of Union Territory of Jammu & Kashmir took place in September-October 2024.
The results of that election announced on 8th October along with another state of Haryana.
In terms of election verdict the Bharatiya Janata Party is not even close to the majority mark in the Union Territory. In fact, one can witness the clear regional, ethnic, religion based divide in the seats won by the National Conference (party formed by Sheikh Abdulla) and the BJP in Muslim dominated Kashmir valley and Hindu majority Jammu region respectively.
Many global observers witnessed the Free, Fair, Safe, and Secure conduct of the election procedure. People came out not just to vote but the turnout for campaign rallies of various political parties proved that right intent and will can bring normalcy through democratic means.
On this background Prime Minister's statement saying that the election in Jammu & Kashmir is historic in true sense. Seeing beyond the election outcomes, it is the victory of the constitutional democratic process of India. It is the constitution of India has won. The democratic procedure of India has won. Ultimately the people of India have won.
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