The Kashmir crisis goes way back to our independence. With the partition, Maharaja Hari Singh of Kashmir was in a dilemma whether to join India or Pakistan. After the Afghans backed by the Pakistan army unethically attacked on Kashmir, Hari Singh approached Nehru for help, thus, joining Kashmir to the Indian territory. It was this which paved the way for article 373 and 35(A). Article 370 and 35(A) provides the state of Jammu & Kashmir a host of special rights. These special rights are frequently debated. Until recently, both the articles were scrapped with a majority sweep for the notion from the BJP led government.
The chaos in Kashmir - both internal and external, was prevailing for a long time. Everyone needed a solution to this issue. Strict precautions were taken by the authorities to prevent any opposition - Internet connectivity was snapped, eminent figures like Mehbooba Mufti, Omar Abdullah, were put to house arrest, the number of armed forces was increased, article 144 was imposed over the state.
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The result of the Kashmir reorganisation bill 2019 was breaking of Kashmir into two Union Territories - J&K with legislation, and Ladakh without a legislation. This result has brought out the question of constitutionality of the decision. Article 3 of the Indian constitution allows the centre to unite two or more states or Union Territories, but the provision of splitting is not mentioned explicitly. The issue of constitutionality was seen even in the Telangana reorganistaion act, 2014. The opinion of people was not considered into account. Which brings into question the federal nature of the constitution. This particular loophole of Article 3 is again re-used. The question lies whether the Supreme Court is ready to protect the federalism of the Indian union?
The problem with this decision doesn’t end here. This particular action might have a reverse reaction on rebel movement like the Gorkhaland movement. After the Telangana separation from Andhra Pradesh, the Gorkhas looked forward to being separated but were denied. Now, the Kashmir issue has probability in triggering the so-called subdued movement. The split might provide a solution to the problems of ill governance, exploitation, and historical blunder. Most of the people in the neglected parts want the same result as seen in Telangana reorganistaion act (2014) and now the Kashmir reorganisation bill (2019), the government must be prepared to handle agitated rebels from various parts of India.
This decision might seem to be the best at this point of time but considering the fragile nature of Kashmir issue unlike the other cases, the government should have considered the long term result of the decision. The government must take the steps carefully from now on. The adjustment for the people of Kashmir should take some time and the authority must ensure a smooth transition in this phase. Whether this decision will provide us the long-needed solution or not, can only be decoded with time.
The chaos in Kashmir - both internal and external, was prevailing for a long time. Everyone needed a solution to this issue. Strict precautions were taken by the authorities to prevent any opposition - Internet connectivity was snapped, eminent figures like Mehbooba Mufti, Omar Abdullah, were put to house arrest, the number of armed forces was increased, article 144 was imposed over the state.
The result of the Kashmir reorganisation bill 2019 was breaking of Kashmir into two Union Territories - J&K with legislation, and Ladakh without a legislation. This result has brought out the question of constitutionality of the decision. Article 3 of the Indian constitution allows the centre to unite two or more states or Union Territories, but the provision of splitting is not mentioned explicitly. The issue of constitutionality was seen even in the Telangana reorganistaion act, 2014. The opinion of people was not considered into account. Which brings into question the federal nature of the constitution. This particular loophole of Article 3 is again re-used. The question lies whether the Supreme Court is ready to protect the federalism of the Indian union?
The problem with this decision doesn’t end here. This particular action might have a reverse reaction on rebel movement like the Gorkhaland movement. After the Telangana separation from Andhra Pradesh, the Gorkhas looked forward to being separated but were denied. Now, the Kashmir issue has probability in triggering the so-called subdued movement. The split might provide a solution to the problems of ill governance, exploitation, and historical blunder. Most of the people in the neglected parts want the same result as seen in Telangana reorganistaion act (2014) and now the Kashmir reorganisation bill (2019), the government must be prepared to handle agitated rebels from various parts of India.
This decision might seem to be the best at this point of time but considering the fragile nature of Kashmir issue unlike the other cases, the government should have considered the long term result of the decision. The government must take the steps carefully from now on. The adjustment for the people of Kashmir should take some time and the authority must ensure a smooth transition in this phase. Whether this decision will provide us the long-needed solution or not, can only be decoded with time.
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