Wg Cdr Mahesh Chander Sudan (Retd)
We, the people of JKUT, have been experiencing an unparalleled governance of public resources since reorganization of the erstwhile State of Jammu and Kashmir into two Union Territories as per the provisions made in JK Reorganization Act 2019. The concept of Democracy with exceptions brought in significant limitations where democratic principles are felt nominally in place impacting actual functioning of democracy. Historically, the princely State of JK acceded to the Indian Union post partition of India and Pakistan on cessation of long drawn English Empire owing to the fact that the Union of India elected a democratic set up of governance that appeared to be more self-governing as compared to Pakistan. It also contradicts to some extent the idea of forming two nations based on theological divisions as the then State was ruled by a Hindu King with Muslim majority. It is an undeniable fact that the people of Jammu and Kashmir had liberty to accept either of these two young nations for accession whereas the then Maharaja of the State wanted to remain independent initially but later on signed the Instrument of accession on 26 Oct 1947 due to on ground situations and tribal activity leading to instability. Democracy for the people of Jammu and Kashmir got exceptionally compromised as their fate was sealed by the Ruler and not by the ones being ruled. However, the Instrument of Accession and various other constitutional provisions like Article 370 and 35A could earn the confidence of bloodshed marooned population of Jammu and Kashmir and showed them a ray of hope to rebuild their lives in the changed political environment of democratic republic India as equal citizens of the country.
However, few exceptions that arose from various leading factors including the history of the region, ongoing Kashmir conflict and specific political circumstances are causing concerns for the people of Jammu and Kashmir and for the Government of the UT (erstwhile State) and the Union of India. The most crucial issue attached to history of conflicts, including militancy and insurgency, that created an atmosphere of instability and distrust. This led to a complex relationship between the region and the Government of India, with concerns about the rights and autonomy of the local population. The prevailing political leadership since accession of the State to Indian Union in connivance with the central leadership advocated for autonomy of the local population to an extent of making it part of electoral campaigns.
It is felt that the de-operationalization of the Article 370, which granted special status to the Jammu and Kashmir, has enabled further constitutional integration with India but the move is simultaneously being criticized for undermining local autonomy and democratic processes. Despite big political claims being made by the Union Government, no change in the ground situation affecting life of the local people across the two regions of the UT is noticed in terms of extended public participation. Panchyat and local body elections are getting due again and the constrained political environment is drifting people far from these democratic processes for various noticeable reasons. Limited political participation by local political parties and leaders would cause damage to the spirit of democracy.
Another serious cause of concern is the prevailing security scenario that leads to an environment where local leaders feel hesitant to express their opinions or participate in political activities. This is more concerning issue for local political outfits that creates an uneven political spectrum for them to participate and help in self governance of the public resources in real sense. In the present context, the home affairs including security in terms of JK Reorganisation Act 2019 and other subsequently issued rules of transactions by the elected government of the UT needs review so that incidents like Pahalgam are avoided by strengthening our internal security set up with pointed responsibilities. Increased Control of Union Government over administration and governance in the UT may be limiting ability of local officials to effectively govern.
The concept of democracy with exceptions essentially reflects a situation where democratic ideal are more likely persued but their implementation is constrained by circumstances and limitations leading to a hybrid system of governance that blends democratic principles with visible elements of control by centralized agencies and security considerations. It may also be appreciated that the people of Jammu and Kashmir are suffering victimization of constrained relations between India and Pakistan and have always proved unshakeable faith and firmness in the Constitution of India to strengthen every letter endorsed in the Instrument of Accession and continue to provide first line of defence to the Union of India as border residents.
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