Jammu and Kashmir (state)

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State of Jammu and Kashmir
Region formerly administered by India as a state
1952–2019
Kashmir region 2004.jpg
Map of Jammu and Kashmir
Capital Srinagar (May–October)
Jammu (November–April) [1] [ clarification needed ]
Area
 • Coordinates 34°00′N76°30′E / 34.0°N 76.5°E / 34.0; 76.5
Government
Governor  
• 1952–1965 as Sadr-e-Riyasat; 1965–1967
Karan Singh (first)
• 2018–2019 [2]
Satya Pal Malik (last)
Chief Minister  
• 1952–1953 as Prime Minister
 Sheikh Abdullah (first)
• 2016–2018 [3]
Mehbooba Mufti (last)
Legislature Jammu and Kashmir Legislature
• Upper house
 Jammu and Kashmir Legislative Council (36 seats)
• Lower house
 Jammu and Kashmir Legislative Assembly (89 seats)
History 
• Abolition of monarchy
17 November 1952
14 May 1954
31 October 2019
Political subdivisions 22 districts
Preceded by
Succeeded by
Blank.png Jammu and Kashmir (princely state)
Jammu and Kashmir (union territory) Blank.png
Ladakh Blank.png

Jammu [a] and Kashmir [b] was a region formerly administered by India as a state from 1952 to 2019, constituting the southern and southeastern portion of the larger Kashmir region, which has been the subject of a dispute between India, Pakistan and China since the mid-20th century. [5] [6] The underlying region of this state were parts of the former princely state of Jammu and Kashmir, whose western districts, now known as Azad Kashmir, and northern territories, now known as Gilgit-Baltistan, are administered by Pakistan. The Aksai Chin region in the east, bordering Tibet, has been under Chinese control since 1962.

Contents

After the Government of India repealed the special status accorded to Jammu and Kashmir under Article 370 of the Indian constitution in 2019, the Parliament of India passed the Jammu and Kashmir Reorganisation Act, which contained provisions that dissolved the state and reorganised it into two union territories – Jammu and Kashmir in the west and Ladakh in the east, with effect from 31 October 2019. [7] At the time of its dissolution, Jammu and Kashmir was the only state in India with a Muslim-majority population.

History

Establishment

After the Indo-Pakistani War of 1947–1948, the princely state of Jammu and Kashmir was divided between India (which controlled the regions of Jammu, Kashmir Valley, and Ladakh) and Pakistan (which controlled Gilgit–Baltistan and Azad Kashmir). [8] Maharaja Hari Singh signed the Instrument of Accession on 26 October 1947 after an invasion by Pakistani tribesmen. Sheikh Abdullah was appointed as the Prime Minister of Jammu and Kashmir as part of an interim government by Maharaja Hari Singh in March 1948. [9] In order to integrate the provisions of the instrument of accession relating to the powers of the state and Indian government, the Constituent Assembly of India drew up the draft provision named Article 306-A, which would later become Article 370. [10]

A constituent assembly for Jammu and Kashmir was convened to frame a new constitution for the state in October 1951, after an election in which all the seats were won by the Jammu & Kashmir National Conference party of Abdullah. [11]

Abdullah reached an agreement termed as the "Delhi Agreement" with Jawaharlal Nehru, the Prime Minister of India, on 24 July 1952. It extended provisions of the Constitution of India regarding citizenship and fundamental rights to the state, in addition to the jurisdiction of the Supreme Court of India. Agreements were also reached on issues of abolishing the monarchy, as well as the state being allowed a separate flag and official language. The Delhi Agreement spelt out the relationship between the central government and the state through recognizing the autonomy of Jammu and Kashmir, while also declaring it as an integral part of India and granting the central government control of several subjects that were not a part of the instrument of accession. [12]

The government of Jammu and Kashmir quickly moved to adopt the provisions of the agreement. [13] The recommendations of the Drafting Committee on the Constitution of Jammu and Kashmir regarding the monarchy were accepted by the Constituent Assembly of Jammu and Kashmir on 21 August 1952. The Jammu and Kashmir Constitution Act 1939 was amended in November 1952 to adopt the resolutions and the monarchy was officially abolished on 12 November. The regent Karan Singh was formally elected as the Sadar-i-Riyasat or head of state by the Constituent Assembly and was later recognized by the President of India. [14] The amendments incorporating the provisions into the state constitution entered into force on 17 November. [15]

Integration with India

Abdullah however sought to make Article 370 permanent and began calling for the secession of the state from India, which led to his arrest in 1953. [16] Bakshi Ghulam Mohammad then became the Prime Minister of Jammu and Kashmir. The Constituent Assembly of the state passed a resolution in February 1954, extending some provisions of the Constitution of India and formally ratifying the accession of the state to India per the Instrument of Accession. A Presidential Order was passed on 14 May 1954 to implement the Delhi Agreement, drawing its validity from the resolution of the Constituent Assembly. [17] [18]

The new Constitution of Jammu and Kashmir was adopted on 17 November 1956 and came into force on 26 January 1957. [19] Following this, the state constituent assembly dissolved itself and elections were held for the legislative assembly in 1957, with the National Conference winning 68 out of 75 seats. [20]

In 1956–57, China constructed a road through the disputed Aksai Chin area of Ladakh. India's belated discovery of this road culminated in the Sino-Indian War of 1962; China has since administered Aksai Chin. [8] Following the Indo-Pakistani War of 1971, India and Pakistan signed the Simla Agreement, recognising a Line of Control in Kashmir, and committing to a peaceful resolution of the dispute through bilateral negotiations. [21]

In December 1964, the Indian government extended provisions of Articles 356 and 357 of the Constitution of India, which allowed for President's rule in the state. [22] In April 1965, the legislative assembly approved renaming the positions of Sadar-i-Riyasat to Governor and Wazir-i-Azam (Prime Minister) to Chief Minister of Jammu and Kashmir. Though the change had no actual effect on the legal structure of the state, it conveyed that the government of Jammu and Kashmir was equal to that of any other Indian state. [23]

Despite Nehru releasing the imprisoned Abdullah in April 1964 to initiate dialogue with Pakistan, it viewed these developments as leading to the inseparability of Jammu and Kashmir from India and launched an armed conflict, [22] infiltrating Kashmir during Operation Gibraltar in August 1965. However, it ultimately failed in its objective and both countries returned to the status quo after the Tashkent Declaration of 1966. [24] The government of Ghulam Mohammed Sadiq meanwhile rapidly extended many provisions of the Indian Constitution to further integrate the state into India. [25]

The failure of Pakistan in the 1971 Indo-Pakistani war weakened the Kashmiri nationalist movement and Abdullah dropped demands of secession. Under the Indira–Sheikh Accord of 1975, he recognised the region as a part of India, the state legislature requiring the approval of the President to make laws, and the Parliament of India being able to promulgate laws against secessionism. In return, Article 370 was left untouched and Abdullah became the Chief Minister of the state. The region remained mostly peaceful until his death in 1982. [26]

Kashmir insurgency

In the late 1980s, discontent over the high-handed policies of the union government and allegations of the rigging of the 1987 Jammu and Kashmir Legislative Assembly election [27] triggered a violent uprising and armed insurgency [28] [29] which was backed by Pakistan. [30] Pakistan claimed to be giving its "moral and diplomatic" support to the separatist movement. [31] The Inter-Services Intelligence of Pakistan has been accused by India and the international community of supporting, supplying arms and training mujahideen, [32] [33] to fight in Jammu and Kashmir. [34] [33] [35] In 2015, former President of Pakistan Pervez Musharraf admitted that Pakistan had supported and trained insurgent groups in the 1990s. [36] India has repeatedly called Pakistan to end its "cross-border terrorism" in Kashmir. [31]

Since 1989, a prolonged, bloody conflict between the Islamic militant separatists and the Indian Army took place, both of whom have been accused of widespread human rights abuses, including abductions, massacres, rapes and armed robbery. [note 1] Several new militant groups with radical Islamic views emerged and changed the ideological emphasis of the movement to Islamic. This was facilitated by a large influx of Islamic "Jihadi" fighters (mujahadeen) who had entered the Kashmir valley following the end of the Soviet–Afghan War in the 1980s. [31]

By 1999, 94 out of the 97 subjects in the Union List and 260 out of 395 articles of the Constitution of India had become applicable in the state, though it retained some of its autonomy. [46] Article 370 had meanwhile become mostly symbolic. [10]

Police and protesters confronting each other in Kashmir, 2018 Police in Kashmir confronting violent protestors December 2018.jpg
Police and protesters confronting each other in Kashmir, 2018

Following the 2008 Kashmir unrest, secessionist movements in the region were boosted. [47] [48] The 2016–17 Kashmir unrest resulted in the death of over 90 civilians and the injury of over 15,000. [49] [50] Six policemen, including a sub-inspector were killed in an ambush in Anantnag in June 2017, by trespassing militants of the Pakistan-based Lashkar-e-Toiba. [51] An attack on an Indian police convoy in Pulwama, in February 2019, resulted in the deaths of 40 police officers. Responsibility for the attack was claimed by a Pakistan-backed militant group Jaish-e-Mohammed. [52]

Dissolution

In August 2019, both houses of the Parliament of India passed resolutions to amend Article 370 and extend the Constitution of India in its entirety to the state, which was implemented as a constitutional order by the President of India. [53] [54] At the same time, the parliament also passed the Jammu and Kashmir Reorganisation Act, 2019, which contained provisions that dissolved the state of Jammu and Kashmir and established two new union territories: the eponymous union territory of Jammu and Kashmir, and that of Ladakh. [55]

The reorganisation act was assented to by the President of India, and came into effect on 31 October 2019. [56] Prior to these measures, the union government locked down the Kashmir Valley, increased security forces, imposed Section 144 that prevented assembly, and placed political leaders such as former Jammu and Kashmir chief ministers Omar Abdullah and Mehbooba Mufti under house arrest. [57] Internet and phone services were also blocked. [58] [59] [60]

Administrative divisions

The Divisions of Jammu and Kashmir: Kashmir (green), Jammu (orange) and Ladakh (blue) Jammu-Kashmir-Ladakh.svg
The Divisions of Jammu and Kashmir: Kashmir (green), Jammu (orange) and Ladakh (blue)

The state of Jammu and Kashmir consisted of three divisions: the Jammu Division, the Kashmir Division and Ladakh which are further divided into 22 districts. [61] The Siachen Glacier, while under Indian military control, did not lie under the administration of the state of Jammu and Kashmir. Kishtwar, Ramban, Reasi, Samba, Bandipora, Ganderbal, Kulgam and Shopian were districts formed in 2008. [61]

Districts

DivisionNameHeadquartersBefore 2007 [62] After 2007
Area
(km2)		Area
(km2)		Area
(sq miles)		Rural Area
(km2)		Urban Area
(km2)		Source
for area
Jammu Kathua district Kathua 2,6512,5029662,458.8443.16 [63]
Jammu district Jammu 3,0972,3429042,089.87252.13 [64]
Samba district Samba new district904349865.2438.76 [65]
Udhampur district Udhampur 4,5502,6371,0182,593.2843.72 [66]
Reasi district Reasi new district1,7196641,679.9939.01 [67]
Rajouri district Rajouri 2,6302,6301,0152,608.1121.89 [68]
Poonch district Poonch 1,6741,6746461,649.9224.08 [69]
Doda district Doda 11,6918,9123,4418,892.2519.75 [70]
Ramban district Ramban new district1,3295131,313.9215.08 [71]
Kishtwar district Kishtwar new district1,6446351,643.370.63 [72]
Total for division Jammu 26,29326,29310,15225,794.95498.05calculated
Kashmir Anantnag district Anantnag 3,9843,5741,3803,475.7698.24 [73]
Kulgam district Kulgam new district410158360.2049.80 [74]
Pulwama district Pulwama 1,3981,0864191,047.4538.55 [75]
Shopian district Shopian new district312120306.565.44 [76]
Budgam district Budgam 1,3711,3615251,311.9549.05 [77]
Srinagar district Srinagar 2,2281,9797641,684.42294.53 [78]
Ganderbal district Ganderbal new district259100233.6025.40 [79]
Bandipora district Bandipora new district345133295.3749.63 [80]
Baramulla district Baramulla 4,5884,2431,6384,179.4463.56 [81]
Kupwara district Kupwara 2,3792,3799192,331.6647.34 [82]
Total for division Srinagar 15,94815,9486,15815,226.41721.54calculated
Ladakh Kargil district Kargil 14,03614,0365,41914,033.862.14 [83]
Leh district Leh 45,11045,11017,41745,085.9924.01 [84]
Total for division Leh and Kargil 59,14659,14622,83659,119.8526.15calculated
Total101,387101,38739,146100,141.211,245.74calculated

Demographics

Historical population
YearPop.±%
1961 3,560,976—    
1971 4,616,632+29.6%
1981 5,987,389+29.7%
1991 7,837,051+30.9%
2001 10,143,700+29.4%
2011 12,541,302+23.6%
Source: Census of India [85]

Jammu & Kashmir: mother-tongue of population, according to the 2011 Census of India. [86]

   Kashmiri (51.72%)
   Dogri (20.04%)
   Gojri (9.05%)
   Pahari (7.80%)
   Hindi (2.43%)
   Punjabi (1.75%)
   Bauti (0.80%)
   Bhadrawahi (0.78%)
   Purki (0.74%)
   Sarazi (0.62%)
  Others (4.27%)

Jammu and Kashmir was the only state in India with a Muslim-majority population. [87] In the Census of India held in 1961, the first to be conducted after the formation of the state, Islam was practised by 68.31% of the population, while 28.45% followed Hinduism. The proportion of population that practised Islam fell to 64.19% by 1981 but recovered afterward. [88] According to the 2011 census, the last to be conducted in the state, Islam was practised by about 68.3% of the state population, while 28.4% followed Hinduism and small minorities followed Sikhism (1.9%), Buddhism (0.9%) and Christianity (0.3%). [89]

The state's official language was Urdu, which occupied a central space in media, education, religious and political discourses and the legislature of Jammu and Kashmir; the language functioned as a symbol of identity among Muslims of South Asia. [90] The first language of less than 1% of the population, it was regarded as a "neutral" and non-native language of the multilingual region, and broadly accepted by Kashmiri Muslims. [91] [92] The dominant position of Urdu has been criticised for rendering Kashmiri into a functional "minority language", effectively restricting its use to households and family. [92] [93]

The most widely spoken language is Kashmiri, the mother tongue of 53% of the population according to the 2011 census. Other major languages include Dogri (20%), Gojri (9.1%), Pahari (7.8%), Hindi (2.4%), Punjabi (1.8%), [86] Balti, Bateri, Bhadarwahi, Brokskat, Changthang, Ladakhi, Purik, Sheikhgal, Spiti Bhoti, and Zangskari. Additionally, several other languages, predominantly found in neighbouring regions, are also spoken by communities within Jammu and Kashmir: Bhattiyali, Chambeali, Churahi, Gaddi, Hindko, Lahul Lohar, Pangwali, Pattani, Sansi, and Shina. [94]

Government

Jammu and Kashmir was the only state in India which had special autonomy under Article 370 of the Constitution of India, according to which no law enacted by the Parliament of India, except for those in the field of defence, communication and foreign policy, would be extendable in Jammu and Kashmir unless it was ratified by the state legislature of Jammu and Kashmir. [95] The state was able to define the permanent residents of the state who alone had the privilege to vote in state elections, the right to seek government jobs and the ability to own land or property in the state. [96]

Jammu and Kashmir was the only Indian state to have its own official state flag, along with India's national flag, [97] in addition to a separate constitution. Designed by the then ruling National Conference, the flag of Jammu and Kashmir featured a plough on a red background symbolising labour; it replaced the Maharaja's state flag. The three stripes represented the three distinct administrative divisions of the state, namely Jammu, Valley of Kashmir, and Ladakh. [98]

Like all the states of India, Jammu and Kashmir had a multi-party democratic system of governance and had a bicameral legislature. At the time of drafting the Constitution of Jammu and Kashmir, 100 seats were earmarked for direct elections from territorial constituencies. Of these, 25 seats were reserved for the areas of Jammu and Kashmir state that came under Pakistani control; this was reduced to 24 after the 12th amendment of the Constitution of Jammu and Kashmir. [99] After a delimitation in 1988, the total number of seats increased to 111, of which 87 were within Indian-administered territory. [100] The Jammu and Kashmir Assembly had a 6-year term, in contrast to the norm of a 5-year term followed in every other state assemblies. [101] [note 2] In 2005, it was reported that the Indian National Congress-led government in the state intended to amend the term to bring parity with the other states. [104]

Central provisions

In 1990, an Armed Forces (Special Powers) Act of India, which gave special powers to the Indian security forces, including the detaining of individuals for up to two years without presenting charges, was enforced in Jammu and Kashmir, [105] [106] a decision which drew criticism from Human Rights Watch and Amnesty International for violating human rights. [107] [108] Security forces claimed that many missing people were not detained, but had crossed into Pakistan-administered Kashmir to engage in militancy. [109]

Economy

The economy of Jammu and Kashmir was predominantly dependent on agriculture and related activities. [110] Horticulture played a vital role in the economic development of the state; produce included apples, apricots, cherries, pears, plums, almonds and walnuts. [111] The Doda district, rich in high-grade sapphire, had active mines until the 1989 insurgency; in 1998, the government discovered that smugglers had occupied these mines and stolen much of the resource. [112] Industrial development was constrained by the extreme mountainous landscape and power shortage. [113] Along with horticulture and agriculture, tourism is an important industry for Jammu and Kashmir, accounting for about 7% to its economy. [114]

Jammu and Kashmir was one of the largest recipients of grants from India; in 2004, this amounted to US$812 million. [115] Tourism, which was integral to the economy, witnessed a decline owing to the insurgency, but foreign tourism later rebounded, and in 2009, the state was one among the top tourist destinations in India. [116] The economy was also benefited by Hindu pilgrims who visited the shrines of Vaishno Devi and Amarnath Temple annually. [117] The British government had reiterated its advise against all travel to Jammu and Kashmir in 2013, with certain exceptions. [118]

See also

Notes

  1. ↑ Sources that detail human right abuses in Jammu and Kashmir. [37] [38] [39] [40] [41] [42] [43] [44] [45]
  2. ↑ This anomaly arose because Jammu and Kashmir accepted the provision in the Forty-second Amendment of the Constitution of India but did not accept its repeal in the Forty-fourth Amendment. [102] [103]

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References

Citations

  1. ↑ The Hindu Net Desk (8 May 2017). "What is the Darbar Move in J&K all about?". The Hindu. Archived from the original on 10 November 2017. Retrieved 23 February 2019.
  2. ↑ "Satya Pal Malik sworn in as Jammu and Kashmir governor". The Economic Times. Press Trust of India. 23 August 2018. Archived from the original on 23 August 2018. Retrieved 31 August 2018.
  3. ↑ "BJP-PDP alliance ends in Jammu and Kashmir LIVE updates: Mehbooba Mufti resigns as chief minister; Governor's Rule in state". Firstpost . 19 June 2018. Retrieved 19 June 2018.
  4. 1 2 Jones, Daniel (2003) [1917], Peter Roach; James Hartmann; Jane Setter (eds.), English Pronouncing Dictionary, Cambridge: Cambridge University Press, ISBN   978-3-12-539683-8
  5. ↑ Akhtar, Rais; Kirk, William, Jammu and Kashmir, State, India, Encyclopaedia Britannica, retrieved 7 August 2019 (subscription required) Quote: "Jammu and Kashmir, state of India, located in the northern part of the Indian subcontinent in the vicinity of the Karakoram and westernmost Himalayan mountain ranges. The state is part of the larger region of Kashmir, which has been the subject of dispute between India, Pakistan, and China since the partition of the subcontinent in 1947."
  6. ↑ Osmańczyk, Edmund Jan (2003), Encyclopedia of the United Nations and International Agreements: G to M, Taylor & Francis, pp. 1191–, ISBN   978-0-415-93922-5 Quote: "Jammu and Kashmir: Territory in northwestern India, subject to a dispute between India and Pakistan. It has borders with Pakistan and China."
  7. ↑ "Jammu Kashmir Article 370: Govt revokes Article 370 from Jammu and Kashmir, bifurcates state into two Union Territories". The Times of India. PTI. 5 August 2019. Archived from the original on 5 August 2019. Retrieved 5 August 2019.
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  10. 1 2 Waseem Ahmad Sofi (18 June 2021). Autonomy of a State in a Federation: A Special Case Study of Jammu and Kashmir. Springer Nature. pp. 79–81. ISBN   9789811610196.
  11. ↑ Vipul Maheshwari; Anil Maheshwari (28 March 2022). The Power of the Ballot: Travail and Triumph in the Elections. Bloomsbury Publishing. p. 124. ISBN   9789354353611.
  12. ↑ Waseem Ahmad Sofi (17 June 2021). Autonomy of a State in a Federation: A Special Case Study of Jammu and Kashmir. Springer Publishing. pp. 91–93. ISBN   9789811610196.
  13. ↑ Jyoti Bhusan Das Gupta (6 December 2012). Jammu and Kashmir. Springer Publishing. p. 200. ISBN   9789401192316.
  14. ↑ Waseem Ahmad Sofi (17 June 2021). Autonomy of a State in a Federation: A Special Case Study of Jammu and Kashmir. Springer Publishing. p. 94. ISBN   9789811610196.
  15. ↑ Daya Sagar; Daya Ram (15 June 2020). Jammu & Kashmir: A Victim. Prabhat Prakashan. p. 222. ISBN   9788184303131.
  16. ↑ Bibhu Prasad Routray (2012). Michelle Ann Miller (ed.). Autonomy and Armed Separatism in South and Southeast Asia. Chapter: Autonomy and Armed Separatism in Jammu and Kashmir. Institute of Southeast Asian Studies. p. 179. ISBN   9789814379977.
  17. ↑ A. G. Noorani (5 December 2005). Constitutional Questions and Citizens' Rights: An Omnibus Comprising Constitutional Questions in India: The President, Parliament and the States and Citizens' Rights, Judges and State Accountability. Oxford University Press. p. 712. ISBN   978-0-19-908778-5.
  18. ↑ Schofield 2003 , p. 94
  19. ↑ Fozia Nazir Lone (17 May 2018). Historical Title, Self-Determination and the Kashmir Question. Brill Publishers. p. 250. ISBN   9789004359994.
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  43. ↑ "Not myth, but the truth of migration". Archived from the original on 24 November 2010. Retrieved 31 December 2007. The Pandits have preserved the threat letters sent to them. They have the audio and video evidence to show what happened. They have preserved the local newspapers through which they were warned to leave the Valley within 48 hours. This evidence also include still photographs of Pandits killed by militants and the desecrated temples.
  44. ↑ "Pregnant woman in Doda accuses Lashkar militants of gang raping her repeatedly". The Indian News. Archived from the original on 22 March 2012. Retrieved 31 December 2007. A 31-year-old pregnant Gujjar woman has told police at the Baderwah Police Station in Jammu and Kashmir's Doda District that she was repeatedly gang raped by Lashkar-e-Toiba militants for two months.
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