Prime Minister Narendra Modi’s aspirational and inclusive brand of politics is heralding the winds of change in Jammu and Kashmir, and Ladakh, so that everyone has a shot at growth and equity, with a better quality of life. August 5, 2024, marks the 5th anniversary of the abrogation of Article 370, an exemplary measure by the Modi government, which in the last 5 years has led to a 100 per cent decline in stone-pelting incidents, 69 per cent fall in terror attacks, 80 per cent fall in civilian casualties and a 44 per cent fall in casualties of armed forces, in Jammu and Kashmir.
Just last year, the Supreme Court on December 11, 2023, upheld the Modi government’s historic decision to abrogate Article 370, which granted special status to the erstwhile state of Jammu and Kashmir. Chief Justice of India DY Chandrachud, writing the judgement for himself and Justices Gavai and Surya Kant, said Article 370 of the Constitution was a temporary provision and the President had the power to revoke it. The Supreme Court ruling was a massive boost for Prime Minister Narendra Modi and the BJP. CJI Chandrachud, reading out the judgment, said every decision taken by the Centre on behalf of a state under proclamation can’t be subject to a legal challenge as it would lead to the administration coming to a standstill.
The Supreme Court said – “The proclamation of Maharaja stated that the Constitution of India will supersede. With this, the para of Instrument of Accession ceases to exist…. Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicates that Article 370 is a temporary provision.” The apex court also mentioned that the argument that the Union government cannot take actions of irreversible consequences in the state during Presidential rule, is not acceptable. “We have held that the State of Jammu and Kashmir did not retain an element of sovereignty when it joined the Union of India. We have arrived at this conclusion for the following reasons. First paragraph eight of the instrument of accession executed by Maharaja Hari Singh provided that nothing in the instrument would affect the continuance of the sovereignty of the Maharaja in and over the state,” CJI Chandrachud said.
The CJI further noted that on November 25, 1949, a proclamation was issued for the state of Jammu and Kashmir by Yuvraj Karan Singh. “The declaration on this proclamation, that the Constitution of India would not only supersede all other constitutional provisions in the State, which were inconsistent with it, but also abrogate them, achieves what could have been attained by an agreement of merger. With the issuance of the proclamation, paragraphs of the Instrument of Accession cease to be of legal consequence. The proclamation reflects the full and final surrender of sovereignty by Jammu and Kashmir through its sovereign ruler to India,” the CJI added.
The Supreme Court further noted, “The declaration issued by the President exercises the power and clause 3 of Article 370 is a culmination of the process of integration. Thus, we do not find that the President’s exercise of power under Clause 3 of Article 370 was malafide. We hold the exercise of presidential power to be valid.”
Congress party, driven by rabid politics, has called August 5 “Black Day”. Last year, the apex court also noted that Article 370 was meant for the constitutional integration of Jammu and Kashmir with the Union and it was not for disintegration and the President can declare that Article 370 ceases to exist. “Concurrence of the State government was not required to apply all provisions of the Constitution using Article 370(1)(d). So, the President of India taking the concurrence of the Union government was not malafide,” the court said.
Clearly, the Supreme Court verdict of December 2023 is a huge endorsement of PM Modi and his Kashmir policy. Don’t forget, the abrogation of Article 370 was not just a repeal of Article 370. It went beyond that. Post the abrogation, 800 central laws became applicable in Jammu and Kashmir, 205 erstwhile state laws were abolished and 130 modified. Some of the outdated laws that were removed are the Land Acquisition (Mines) Act, 1885, the Telegraph Wires (Unlawful Possession) Act, 1950, the Land Tenancy Act of 1980 and the notorious LAAR Act of 2013, among many others.
“In exercise of the powers conferred by clause (3) of Article 370 read with clause (1) of Article 370 of the Constitution of India, the President, on the recommendation of Parliament, is pleased to declare that, as from August 6, 2019, all clauses of the said Article 370 shall cease to be operative,” an official notification said in 2019.
On the socio-political front, the historic step of abrogating Article 370, which came into effect in 1950 and Article 35-A, which came into effect in 1954, will always figure very high on the list of achievements of Prime Minister Narendra Modi’s government. The Union Territory of Jammu and Kashmir got a new status comparable with that of Delhi and Puducherry, the only two other Union Territories (UTs) to have legislatures of their own. The Governor of Jammu and Kashmir became Lieutenant Governor.
What was Article 370?
Article 370 was a ‘temporary provision’ which granted special, autonomous status to Jammu & Kashmir. Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, Jammu & Kashmir had been accorded special status. All the provisions of the Constitution which were applicable to other states were not applicable to J&K. According to this Article, except for defence, foreign affairs, finance and communications, the Indian Parliament needed the J&K government’s concurrence for applying all other Indian laws.
Thus J&K’s residents lived under a separate set of laws, including those related to citizenship, ownership of property and fundamental rights, as compared to other Indians elsewhere in the country. As a result of this provision, Indian citizens from other states could not even purchase land or property in Jammu & Kashmir.
However, with Kashmir’s special status gone, vide a Presidential order in 2019, following a historic decision on the floor of the Parliament, people from anywhere in India can now buy property and permanently settle in there. A separate Union Territory was created for Jammu & Kashmir and the Ladakh region was also given the status of a Union Territory, albeit without legislature. In a masterstroke, the Modi government, by revoking Article 370 and Article 35-A, mainstreamed Jammu and Kashmir and Ladakh with the rest of India, as Article 370 was always discriminatory in more ways than one.
The Modi government, on January 7, 2020, approved an industrial development scheme worth Rs 28,400 crore for J&K, to give a fresh thrust on job creation, skill development and attracting new investment. Its outlay is until 2037. Smaller units with an investment in plant and machinery up to Rs 50 crore are entitled to a capital incentive of up to Rs 7.5 crore and get capital interest subvention at the rate of 6 per cent, for a maximum of seven years. What makes the scheme unique is the GST-linked incentive that ensures less compliance burden without compromising on transparency. After the abrogation of Article 370, various public outreach measures were undertaken. For decades, Abdullahs and Muftis treated this region as their personal fiefdom.
In 2015, while announcing the ambitious Rs 80,000-crore development package for Jammu and Kashmir, from the Sher-e-Kashmir cricket stadium in Srinagar, PM Narendra Modi made a passionate mention of “Kashmiriyat, Jamhooriyat and Insaniyat”, as in Kashmiri culture, democracy, and humanity. “Kashmiriyat ke bina Hindustan adhura hai”, said Modi, meaning without Kashmiriyat, India is incomplete. The mega package that was to change the face of the militancy-hit region and draw the disillusioned back into the mainstream has been a resounding success.
On the jobs front, thousands of jobs have been created for Kashmiri migrants in the last few years. Financial assistance of Rs 578 crore through Direct Benefit Transfer (DBT) has been provided to 12,588 displaced families (of the 36,384 families) from Pakistan-occupied Kashmir and Chhamb. Land was acquired for an IIT and an IIM in Jammu and for the two AIIMS in Jammu and Awantipora in Kashmir. Power projects have moved at a fast pace. The Pakal Dul 1,000 MW project and the Srinagar-Leh transmission line are on course. Of the 28 small hydropower projects estimated to cost a total of Rs 2,000 crore, a number of projects have either already kicked off the ground or will do so soon enough.
The Rs 80,000 crore package consists of 63 major development projects being implemented by 15 central ministries. The Chenani-Nashri tunnel, also known as the Patnitop or Syama Prasad Mookerjee tunnel, is not only India’s longest highway tunnel but also Asia’s longest bi-directional highway tunnel. Stretching 9.28 km, it was inaugurated by PM Modi in April 2017 and is set to transform connectivity between different regions of India across various terrains.
The tunnel has reduced travel time between Jammu and Srinagar by two to four hours and shortened the distance by 31 km, leading to a significant reduction in fuel consumption. The Modi government estimates a daily reduction of Rs 27 lakh in fuel costs, on average. Additionally, the tunnel is impervious to natural calamities such as landslides and avalanches, which are common in the region. Its core advantage is providing permanent connectivity to the Kashmir valley, which was previously only intermittently connected.
The fact that Jammu and Kashmir has always been high on the government’s priority list is best amplified by PM Modi’s launch of the Social Endeavour for Health and Telemedicine (SEHAT) scheme, on December 26, 2020. The scheme will cover the remaining one crore population which has not been covered under the Ayushman Bharat Scheme. With the launch of the SEHAT scheme, Jammu and Kashmir is among the first states in India to achieve universal health coverage. Currently, under the Ayushman Bharat PM Jan Arogya Yojana (AB-PMJAY), which provides eligible beneficiaries with free health coverage of Rs 5 lakh, over 30 lakh people in Jammu and Kashmir are already covered.
An uneasy calm that had prevailed in the valley after the revocation of Article 370 and 35-A, has now paved the way for higher business confidence and greater stability, with terrorism and separatism taking a backseat. Abrogation of Articles 370 and 35-A has made it possible to implement the 7th Pay Commission recommendations and the Indian Penal Code (IPC), rather than the Ranbir Penal Code (RPC), which was in vogue all these years. Under Article 35-A no outsider could bag a government job. Earlier, companies were forced to hire only locals. Revocation of the Articles has levelled the playing field in Jammu and Kashmir. No investor was willing to set up an industry, hotel, private educational institution or private hospital since he or she could neither buy land nor property. Their wards could not get government jobs or admission to colleges.
For decades, there were barely any major national or international hotel chains set up in tourism-centric regions like Jammu and Kashmir, which hindered enrichment, resource generation, and job creation. However, on August 5, 2019, Prime Minister Modi’s government reset the clock by undoing the misguided policies of the Nehruvian era. In an unprecedented, epoch-making decision, the government abrogated Article 370 and Article 35-A. The rest, as they say, is history.
In a Clubhouse discussion a few years back, senior Congress leader and former Chief Minister of Madhya Pradesh, Digvijay Singh, known for his loose cannon remarks, suggested that the Congress party might consider restoring Article 370 if it came to power. He overlooked that the revocation of this Article is full and final and cannot be undone.
Jammu and Kashmir’s special status had previously shielded it from the applicability of Article 3 of the Constitution, which provides for redrawing state boundaries or the creation of new states/UTs. However, all that is in the past now, as Jammu and Kashmir stands on the brink of a significant economic turnaround. Articles 370 and 35-A had empowered J&K to function as a nearly autonomous state by limiting the Centre’s authority to external affairs, defence, finance, and communication. This provision even allowed J&K to have a “Sadar-e-Riyasat” instead of a Governor and a Prime Minister instead of a Chief Minister until 1965, along with its own flag and Constitution. Hence, revoking Article 370—which, according to Part XXI of the Constitution, was always intended to be temporary and transitional—was long overdue. Prior to the revocation, the Union government needed the State government’s concurrence to declare a financial emergency under Article 360. But once again, all that is now history, thanks to the conviction and determination of PM Modi.
Article 35-A, also referred to as the Permanent Residents Law, had thus far barred a woman (belonging to the state) from any property rights if she marries a person from outside the state. The provision also extended to the children of such women as they did not have any succession rights over the property. The revoking of this Article ended the age-old discrimination against women of J&K, who chose to marry outsiders.
The Modi government’s decision to revoke Article 370 has ensured stability, market access, and predictable laws in the state, fostering an ecosystem that rewards the skills, hard work, and products of the region’s people. “In today’s world, economic growth cannot occur in a closed environment. Open minds and open markets will ensure that the youth of the region put it on the path to greater progress. The integration boosts investment, innovation, and incomes,” Prime Minister Narendra Modi stated after the revocation of these discriminatory Articles. “Better connectivity, better linkages and better investment will help products of the region to reach across the country and the world, leading to a virtuous cycle of growth and prosperity to the common man,” PM Modi further said.
And with the slew of infrastructure projects underway in the region, that is precisely what is happening. It needs to be mentioned here that Jammu and Kashmir had received 10 per cent of all central grants given to states over the 2000-2016 period, despite having only 1 per cent of the country’s population. In contrast, Uttar Pradesh, making up about 13 per cent of India’s population, received only 8.2 per cent of central grants in 2000-16.
That means, J&K, with a population of 12.55 million according to the 2011 Census, received Rs 91,300 per person over the sixteen year period between 2000-2016, while Uttar Pradesh only received Rs 4,300 per person over the same period.
Why J&K did not see any substantive development despite receiving a disproportionate amount of central assistance, begets a response. Well, funds alone cannot guarantee good governance if political will is lacking and an enabling ecosystem is missing. In one historic, fell sweep, Prime Minister Narendra Modi, by mainstreaming Jammu and Kashmir with the rest of India, ensured that the region could prosper like any other, without being beholden to a corrupt and conniving political class represented by the Abdullahs and Muftis.
The Modi government’s commitment to the principle of “Sabka Saath, Sabka Vikas, Sabka Vishwas, and Sabka Prayas” is evident from the inauguration of major hydropower projects in Jammu on January 3, 2021. Memoranda of Understanding (MoUs) were signed with the National Hydroelectric Power Corporation (NHPC) to attract Rs 35,000 crore in investments, ensuring a 24-hour power supply in the Union Territory. These agreements include the implementation of the 850 MW Ratle Hydro Electric Project (HEP) and the 930 MW Kirthai-II HEP, as well as the execution of the Sawalkot HEP (1856 MW), Uri-I (Stage-II) (240 MW), and Dulhasti (Stage-II) (258 MW).
These projects are set to transform the economic landscape of Jammu and Kashmir. In the past seven and a half decades, J&K generated only 3,504 MW of energy. However, in the next four years alone, the UT is expected to generate an additional 3,498 MW, ensuring the region’s energy security, thanks to the vision of PM Modi.
The 19 distribution and transmission projects inaugurated on January 3, 2021, besides enhancing the ease of living in the region, are playing a significant role in raising per capita income, industrialisation and employment generation in J&K. The national average of electricity in rural areas is 20 hours and in urban areas, it is 22-23 hours across India. J&K too will reach that milestone if the pace of development is kept steady. With locals trained and given employment in NHPC ventures, J&K will see a new dawn of energy sufficiency and thereby inclusive development.
Last year, the Lok Sabha passed the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 and the Jammu and Kashmir Reservation (Amendment) Bill, 2023. These bills sought to represent those who became refugees in their own country and also reserve one seat in the J&K Assembly for people who have been displaced from PoK. Before the revocation of Article 370, Jammu and Kashmir had distinct rules for delimiting Lok Sabha and Assembly seats. Post the abrogation, a Delimitation Commission was formed in March 2020. This commission was tasked not only with delimiting J&K’s seats but also those of Assam, Manipur, Arunachal Pradesh, and Nagaland, aiming to finish within a year. The commission concluded its delimitation process, resulting in an increase in J&K’s legislative Assembly seats from 107 to 114, facilitated by the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023.
What is the Jammu & Kashmir Reservation (Amendment) Bill, 2023?
The bill sought to amend Section 2 of the Jammu and Kashmir Reservation Act, 2004, which provided reservations in jobs and admissions to professional institutions for Scheduled Castes (SCs), Scheduled Tribes (STs), and other socially and educationally backward classes.
The amendment proposed changing the nomenclature for a section of people previously described as “weak and underprivileged classes (social castes)” to “other backward classes.” The Jammu and Kashmir Reorganisation (Amendment) Bill aims to amend the 2019 Act and provide representation in the Legislative Assembly for Kashmiri migrants and displaced persons from Pakistan-occupied Kashmir (PoK). It proposes nominating two members from the Kashmiri migrant community, including one woman, and grants the lieutenant governor the power to nominate one person representing the displaced persons from PoK to the Legislative Assembly.
The bill also proposes increasing the total number of seats in the Jammu and Kashmir Legislative Assembly from 107 to 114, with 7 seats reserved for Scheduled Castes and 9 for Scheduled Tribes. According to the bill, 24 Assembly seats will remain vacant until the occupation of Pakistan-occupied Kashmir ceases. Consequently, the effective strength of the Assembly is 83, which the amendment increases to 90.
The changing landscape in Kashmir owes much to Union Home Minister Amit Shah, in addition to the significant contributions of PM Modi. For example, thanks to Amit Shah’s relentless dedication, the Indian tricolour was hoisted at Lal Chowk in Srinagar in January 2022, after 30 long years. Theatres in Kashmir reopened after a gap of 33 years, and the Muharram procession, which had been banned, resumed after more than three decades. Clearly, Kashmiriyat in its truest sense has regained relevance due to the determination of the Modi-Shah duo.
Indeed, in the final analysis, it can be effectively concluded that J&K is poised to make a quantum leap from being power deficit to a power surplus within the next four years. Post-abrogation of Article 370, growth has been given a new set of wings. Clean, affordable, and reliable energy is crucial for the growth of industries, businesses, and society. The Modi government has a well-laid-out plan to effectively harness J&K’s hydro energy resources, with a goal to double energy generation by 2024-25. Construction has begun on several key projects, including the 60.84 km long Srinagar Ring Road, the widening of the National Highway from Pathankot to Jammu from four lanes to six, and the 670 km long Delhi-Amritsar-Katra Expressway, which will connect Pulwama and Ganderbal via Budgam. Additionally, out of seven centrally funded medical colleges, Jammu received four and Kashmir three. For government job recruitment, selection will now be based purely on written tests, without interviews.
In the recently concluded 2024 general elections, the Kashmir Valley saw a significant 30-point increase in voter participation compared to 2019, with the overall voter turnout across the Union Territory reaching 58.46 per cent. The three seats in the Valley—Srinagar, Baramulla, and Anantnag-Rajouri—recorded turnouts of 38.49 per cent, 59.1 per cent, and 54.84 per cent, respectively, the highest in the last three decades. The other two seats in the UT, Udhampur and Jammu, recorded voter turnouts of 68.27 per cent and 72.22 per cent, respectively. This indicates that the younger generation has asserted their faith and embraced democracy in a significant way.
Clearly, the abrogation of Article 370 has been a transformative measure by Prime Minister Narendra Modi in more ways than one.
Sanju Verma is an Economist, National Spokesperson for BJP and Bestselling Author of “The Modi Gambit”. Views expressed in the above piece are personal and solely that of the author. They do not necessarily reflect News18’s views.
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