UPSC Mains — Previous Year Question
Question
Separatist movements have been one of the major factors contributing to militancy and instability in Jammu & Kashmir. Bring out actions taken by the Government to bring J&K into the national mainstream. Discuss pre and post abrogation status of Articles 370 and 35A along with positive impacts of the changes.
Model Answer
Through the Constitution (Application to Jammu and Kashmir) Order, 2019 and the enactment of the Jammu and Kashmir Reorganisation Act, 2019, the Union of India altered the special constitutional provisions governing Jammu and Kashmir under Articles 370 and 35A. Upheld by a unanimous five-judge Supreme Court Constitution Bench in December 2023, these reforms aimed to address long-standing separatism, dismantle terror financing, and integrate the region into the national mainstream.
Actions Taken to Bring J&K into the National Mainstream
- 1. Constitutional and Legal Harmonisation: Extended all provisions of the Indian Constitution, central laws, and progressive social statutes uniformly across the Union Territory. Key enactments—including the Right to Education Act, the Forest Rights Act (2006), and the Prevention of Corruption Act—became fully applicable.
- 2. Deepening Grassroots Democratic Decentralization:
- Established a functional three-tier Panchayati Raj system, conducting elections for Panchayats, Block Development Councils (BDCs), and District Development Councils (DDCs).
- The 2019 BDC elections saw a 98.3% voter turnout, providing political representation independent of historical patronage networks.
- 3. Counter-Terror and Law Enforcement Operations: Multi-agency intelligence coordination, the National Investigation Agency’s (NIA) enforcement against cross-border terror funding, and strict enforcement of the Unlawful Activities (Prevention) Act (UAPA) disrupted separatist networks. Organized stone-pelting incidents declined from 1,328 recorded events in 2018 to zero by 2023.
- 4. Economic Infrastructure and Investment: Accelerated the ₹80,000-crore Prime Minister’s Development Package (PMDP) to advance railway connectivity (Udhampur-Srinagar-Baramulla rail link), highway tunnels (Zojila and Z-Morh), AIIMS facilities, and IIT Jammu.
- 5. Saturation-Mode Welfare Delivery: Central welfare programs were scaled across the region; by March 2026, J&K recorded over 24.37 lakh Jan Dhan bank accounts, 12.79 lakh PM Ujjwala connections, and 25.09 lakh MUDRA credit disbursements.
- 6. Revitalising Tourism and Cultural Normalization: Improved security supported tourism growth, with the region recording 2.11 crore tourist visits in 2023 and 1.78 crore in 2025, along with hosting international meetings like the G20 Tourism Working Group.
Pre- vs. Post-Abrogation Constitutional Status
| Analytical Dimension | Pre-Abrogation Status (Under 370 & 35A) | Post-Abrogation Status (Post-2019 Reforms) |
|---|---|---|
| Constitutional Framework | J&K possessed a separate State Constitution, separate state flag, and internal autonomy across all subjects except Defense, External Affairs, Communications, and ancillary matters. | Article 370 was rendered inoperative; the separate J&K Constitution and flag were abolished, bringing the region fully under the Constitution of India. |
| Application of Parliamentary Laws | Parliamentary laws did not apply automatically to J&K; application generally required the concurrence of the State Government. | Central statutes apply directly and uniformly across the Union Territory. |
| Residency, Property & Employment (Article 35A) | Empowered the J&K legislature to define “Permanent Residents” with exclusive rights to acquire land, hold public employment, and receive state scholarships. | Article 35A was removed; standard domicile rules now govern defined public employment categories without excluding non-permanent Indian citizens. |
| Territorial Structure | A single integrated state comprising Jammu, Kashmir, and Ladakh under specialized constitutional arrangements. | Bifurcated under the J&K Reorganisation Act, 2019 into two Union Territories: J&K (with a Legislative Assembly) and Ladakh (without an Assembly). |
Positive Socio-Economic Impacts of the Reforms
- Expanding Inward Industrial Investment: Transparent land allocation policies and the New Central Sector Scheme for Industrial Development supported private investments, with J&K recording its highest-ever annual industrial investment inflow of ₹5,824.42 crore in FY 2025–26.
- Advancing Social Justice for Excluded Communities: Extended statutory reservations and land rights to historically marginalized groups—including Valmikis, Gorkhas, West Pakistani Refugees, and Pahari communities—who had been excluded from state benefits under Article 35A.
- Fiscal and Administrative Transparency: Implementing digital governance systems, digitized land cadastral records, and the BEAMS (Budget Estimation, Allocation & Monitoring System) reduced financial leakages and improved public project tracking.
- Job Creation and Livelihoods: Commissioning 405 new industrial units created over 11,396 direct manufacturing jobs in FY 2024–25, expanding private employment options.
The constitutional integration of Jammu and Kashmir has helped lower organized street violence and expand public welfare delivery. Sustaining this progress requires continuing political engagement, conducting timely legislative elections, and maintaining economic investments.