Union Territory of Jammu and Kashmir has been in news consistently due to controversy regarding its creation. Jammu & Kashmir was a former Indian state (now a Union Territory) in the north-western part of the country.

A Maharaja ruled over it. Afghanistan, Pakistan, and China all share a border with the state. The majority of the original state of Jammu and Kashmir remains a part of India. With the revoking of Article 370 the State of Jammu and Kashmir is divided into two Union Territories i.e., Jammu & Kashmir and Ladakh.

Historical Background

• On August 6, 2019, Parliament amended Article 370 of the Constitution, abolishing Jammu & Kashmir's special status and bifurcating and downgrading the state into Union Territories of J&K and Ladakh, with Jammu and Kashmir having its own legislative assembly.
• This is the first time that Union Territories have been created within a state.
• Ladakh is made up of the Kargil and Leh districts, while the remainder of the region is part of the Union territory of Jammu and Kashmir.
• India now contains nine union territories (UTs) and 28 states.
• Special Status: It was given to the state of Jammu and Kashmir under Article 360 which contains several provisions.

Current Status of Union Territory of Jammu and Kashmir

• President's rule, which was implemented in undivided Jammu and Kashmir in June 2018, has now been revoked.
• The flag and constitution of Jammu and Kashmir, as well as the Ranbir Penal Code (RPC), are no longer in use, and the Indian Penal Code now covers both Union Territories.
• Jammu & Kashmir would have a 114-member elected Assembly and a Chief Minister, whilst Ladakh will be administered directly by the Lieutenant Governor (L-G). (i.e., without an Assembly).
• Afghanistan, Pakistan, and China all share a border with the state.

Constitutional Provision for Union Territories

• Part VIII of the Constitution deals with the union territories in Articles 239 to 241.

Administration of Union Territory of Jammu and Kashmir

• New rules for administration in the Union Territory of Jammu and Kashmir have been notified by the Ministry of Home Affairs (MHA), which define the roles of the Lieutenant Governor (LG) and the Council of Ministers.

Role of President

• In the event of a disagreement between the Lieutenant Governor and the Council on any topic, the Lieutenant Governor shall report the matter to the Central Government for the President's decision, and shall act in accordance with the President's decision.
• In such scenarios, the LG of J&K has been given the authority to issue directives suspending the Council of Ministers' actions for the time it takes the President of India to deliberate on the issues presented to her.

Role of Lieutenant Governor

• The LG's executive powers will include police, public order, All India Services, and anti-corruption, suggesting that the Chief Minister or the Council of Ministers will have no input in how they are run.
• Before issuing any orders, proposals or matters affecting or likely to affect the peace and tranquility of the UT or the interests of any minority community, the Scheduled Castes, Scheduled Tribes, or the Backward Classes "shall essentially be submitted to the Lieutenant Governor through the Chief Secretary, under intimation to the Chief Minister".
• The "decision of the Lieutenant Governor shall be considered to have been accepted by the Council of Ministers" if there is a disagreement between the LG and a Minister and no agreement can be reached after a month.

Role of Central Government

With respect to proposals of the following kind, the Lieutenant Governor shall make a prior referral to the Central government:

• Cases affecting or likely to affect the interests of any minority community, Scheduled Castes, or Backward Classes; proposals for the appointment of Chief Secretary and Director General of Police;
• Important cases affecting or likely to affect the peace and tranquility of the Union Territory; and
• Cases affecting or likely to affect the interests of any minority community, Scheduled Castes, or Backward Classes.

Role of Chief Minister and Council of Minister

• They will rule on non-All India Services officers' service concerns, new tax proposals, land revenue, the sale, grant, or lease of government property, the reorganisation of departments or offices, and draught legislation.
• Any subject that is likely to cause a dispute between the Government of the Union territory and the Central Government or any State Government shall be brought to the attention of the LG and the Chief Minister as soon as feasible by the secretary concerned through the Chief Secretary.

Conclusion

• After the repeal of Article 370, it is envisaged that Jammu and Kashmir will revert to being a normal state like the others. Real estate companies are expected to begin operations in J&K soon, and the similar pattern will be repeated in other industries. As a result, the Union Territory of Jammu and Kashmir would undergo a rapid wave of comprehensive development in the near future.

FAQs

MCQs

1. What was the major consequence of the abrogation of Article 370 in Jammu and Kashmir?

A) The region gained more autonomy
B) The region became a Union Territory
C) The region gained a separate Constitution
D) The region was given statehood again

2. Which of the following laws was extended to Jammu and Kashmir after the abrogation of Article 370?

A) Right to Information Act
B) Right to Education Act
C) Land Acquisition Act
D) All of the above

3. What is the constitutional basis for the special status of Jammu and Kashmir prior to its reorganization in 2019?

A) Article 370
B) Article 35A
C) Article 370 and 35A
D) Article 356

4. Which of the following regions was carved out as a separate Union Territory from Jammu and Kashmir in 2019?

A) Ladakh
B) Jammu
C) Srinagar
D) Gilgit-Baltistan

5. What is the role of the Governor in the Union Territory of Jammu and Kashmir?

A) Chief Minister
B) Chief Executive
C) Head of State
D) Lieutenant Governor

GS Mains Questions and Model Answers

Q1: Analyze the political and legal consequences of the abrogation of Article 370 on Jammu and Kashmir. How has it altered the region’s political landscape?

Answer: The abrogation of Article 370 has significantly altered the political landscape of Jammu and Kashmir. By ending its special status, the region was fully integrated into the Indian Union, with central laws and governance mechanisms now applying across the territory. The reorganization also bifurcated the state into two Union Territories: Jammu and Kashmir, and Ladakh. This shift ended the region's semi-autonomous status, leading to increased central control over political, economic, and security matters. While the move aimed to integrate the region more effectively, it also sparked protests, legal challenges, and concerns over human rights, particularly in the context of political representation and minority rights in the region.

Q2: Examine the socio-economic impact of the bifurcation of Jammu and Kashmir into two Union Territories. How has this affected governance and local development?

Answer: The bifurcation of Jammu and Kashmir into two Union Territories—Jammu and Kashmir, and Ladakh—has led to a realignment of governance structures and development priorities. Jammu and Kashmir now has a Legislative Assembly, while Ladakh is governed directly by a Lieutenant Governor. The bifurcation has led to a more focused development approach for each territory. Jammu and Kashmir has received significant investments in infrastructure, tourism, and local industries, while Ladakh's priorities have centered on its unique geographical and strategic importance, such as border security and environmental preservation. However, there have been concerns about resource allocation and the balance of power, with fears of marginalization of local voices in both regions under central rule.

Q3: Discuss the implications of Article 35A being rendered void after the abrogation of Article 370. What impact has this had on property rights and the socio-political fabric of the region?

Answer: The rendering of Article 35A void has had far-reaching implications for property rights and the socio-political fabric of Jammu and Kashmir. Article 35A previously granted exclusive rights to permanent residents of the region, limiting property ownership to them. With the abrogation, these restrictions were lifted, allowing non-residents to buy land and settle in the region. This has sparked fears among locals about demographic changes and the dilution of their political influence. The move has been seen as an effort to integrate Jammu and Kashmir more closely with the rest of India, but it has also led to protests and resentment over the perceived erosion of local identity and rights. The legal and social consequences of this shift continue to unfold, particularly in terms of employment, education, and political representation.

Previous Year Questions on Union Territory of Jammu and Kashmir

1. UPSC CSE Mains 2020:

Question: What is the significance of the abrogation of Article 370 in relation to the Union Territory of Jammu and Kashmir?

Answer: The abrogation of Article 370 on August 5, 2019, led to the reorganization of Jammu and Kashmir, bifurcating the state into two Union Territories: Jammu & Kashmir, and Ladakh. The region lost its special status, enabling the central government to implement laws and policies directly in the region.

2. UPSC CSE Prelims 2021:

Question: Which of the following changes occurred after the reorganization of Jammu and Kashmir into a Union Territory in 2019?

Options:
A) Jammu and Kashmir became a separate state again.
B) Jammu and Kashmir was merged with Ladakh.
C) Article 370 granted special privileges to Jammu and Kashmir.
D) Jammu and Kashmir became a Union Territory with legislative powers.

Answer: (D)  

Explanation: The abrogation of Article 370 led to the reorganization of Jammu and Kashmir into two separate Union Territories. Jammu and Kashmir retained its legislative assembly, while Ladakh did not have a legislative body. The special privileges under Article 370 were revoked.