Prof. Virender Koundal
virender_koundal@rediffmail.com
The recent statement by the Chief Minister regarding the proposed National Law University (NLU) in Jammu and Kashmir has once again stirred a long-standing and deeply emotional debate in the Jammu region. When media persons asked about the controversy surrounding the decision to establish the NLU in the Kashmir province, the Chief Minister responded that there was no controversy at all. He further questioned why people did not raise their voices when institutions like the IIM and IIT were established in Jammu and not in Kashmir.
This response has not settled the matter. Instead, it has revived a strong sense of déjà vu in Jammu. For the people of this region, the issue is not about opposing Kashmir or questioning the development of one region over another. It is about fairness, balance, and equal treatment values that Jammu feels it has been denied repeatedly over decades.
Once again, a simple and genuine question is being asked: why are critical national-level institutions consistently located in one region without transparent studies, public consultation, or serious consideration of regional balance? Why does every such decision turn into a struggle for Jammu, forcing people onto the streets to demand what should have been ensured by policy itself?
The National Law University is not an ordinary college. It is a premier national institution, comparable in stature to IITs, IIMs, AIIMS, and NITs. Such institutions are meant to serve the entire state or Union Territory, not a single province. Their location carries not only academic importance but also deep symbolic meaning. It reflects the Government’s intent towards inclusion, equality, and justice.
The debate over the NLU cannot be seen in isolation. It is part of a long and painful history of discrimination faced by the Jammu province. Time and again, Jammu has experienced neglect in key areas such as higher education, healthcare, industrial development, employment, and political representation. Each time, justice has come only after prolonged agitation and public pressure. The story goes back to 1982, when the Government established the Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST) in Kashmir. Jammu, with its entirely different agro-climatic condition subtropical, dry, and semi-hilly was completely ignored. Farmers, students, and academics from Jammu raised their voices, pointing out that agricultural research meant for temperate Kashmir could not address the needs of Jammu’s farmers. What followed was a 17-year-long struggle. Only in 1999 did the Government finally establish SKUAST-Jammu. This was not just the creation of an institution; it was a hard-earned victory against structural marginalization. It exposed how policy decisions were routinely taken without considering Jammu’s needs.
A similar situation arose in 2009 with the announcement of a Central University for Jammu and Kashmir. Initially, everything from planning to administration was Kashmir-centric. Jammu was again expected to remain on the margins. This time, students, civil society, and academicians in Jammu launched massive protests. The agitation continued for months. Only in 2011 did the Government concede and establish a separate Central University of Jammu. Once again, parity came not by design, but by struggle. These episodes created a clear pattern: whenever a major institution is announced, Jammu is ignored first and accommodated later only after protest and pressure.
Perhaps the most powerful reminder of this imbalance came in 2015 with the announcement of an All India Institute of Medical Sciences (AIIMS) for Jammu and Kashmir. Initially, people believed it would be a single institute serving the entire state. When it became clear that the proposed location was in Kashmir, Jammu erupted. The region witnessed a 72-day-long agitation. Political parties, traders, students, doctors, and civil society came together. Daily life came to a standstill, but the people remained united in one simple demand: equal access to premier healthcare. Ultimately, the Government announced two AIIMS one in Awantipora (Kashmir) and one in Vijaypur (Jammu). That decision restored some faith and should have become a guiding principle for future policy decisions. Unfortunately, the NLU controversy shows that the lesson may not have been fully learned.
The 2008 Amarnath land agitation remains one of the largest people’s movements in Jammu’s post-independence history. When the Government revoked the decision to transfer land to the Amarnath Shrine Board after protests in Kashmir, Jammu saw it as a denial of religious and regional rights. For two months, Jammu remained paralyzed. The protests were not just about land; they were about dignity, respect, and equal decision-making power. The episode revealed deep emotional and political fault lines between the two regions and reinforced the belief that Jammu’s concerns are often secondary.
Discrimination has not been limited to institutions alone. Recruitment to Government posts, universities, and public services has often shown skewed results. Many Public Service Commission selections and departmental recruitments have reflected underrepresentation of candidates from Jammu, even in technical and administrative roles. Industrially, Jammu has enormous potential. Its strategic location as the gateway to the Union Territory, proximity to Punjab, Himachal Pradesh, and Delhi, and access to national highways make it a natural hub for logistics, manufacturing, and education. Yet, tourism projects, and major infrastructure schemes have largely remained concentrated in the Kashmir Valley. Politically, Jammu suffered for decades due to underrepresentation in the Legislative Assembly. Despite covering a larger geographical area and having a comparable population, the region had fewer seats. Only after the 2022 Delimitation Commission did some correction take place. However, structural reforms mean little if the mindset behind them remains unchanged.
The National Law University holds special importance. It is not just about legal education. NLUs across India such as NLSIU Bengaluru, NALSAR Hyderabad, and NLU Delhi have produced Supreme Court judges, senior advocates, civil servants, and policy experts. They shape national discourse on constitutional law, governance, federalism, and justice.
In Jammu and Kashmir, an NLU has even greater significance. The region has witnessed decades of political instability, constitutional debate, and security challenges. A strong legal institution can promote constitutional awareness, strengthen the rule of law, and encourage research on issues like federalism, human rights, national security, and conflict resolution. But if this institution is perceived as another example of regional bias, it will begin its journey burdened with controversy rather than inspiration.
The core issue is not whether the NLU should be in Kashmir or Jammu alone. The real question is: should such an institution serve one province or the entire Union Territory?
Geography matters. Jammu province is better connected to the rest of India through rail and road networks. Kashmir remains dependent on the Jammu Srinagar highway, which is frequently closed due to weather conditions. Accessibility for students, faculty, and visiting scholars should be a key factor.
This is why many experts and citizens suggest a central location such as Udhampur, Bhaderwah (Doda district) or Ramban. Bhaderwah already hosts a campus of the University of Jammu and offers a peaceful, academic-friendly environment. Udhampur and Ramban lie directly on the Jammu Srinagar National Highway, making it equidistant from both regions. Establishing the NLU here would send a powerful message of unity and balanced development.
Another sensible solution is the establishment of two NLUs one in Jammu division and one in Kashmir division just as was done earlier in the case of AIIMS and central University. This would completely remove the sense of competition and grievance. It would also recognize the unique needs and diversity of both regions. In a Union Territory as sensitive and diverse as Jammu and Kashmir, such balanced decisions are not luxuries; they are necessities for long-term peace and trust.
Before finalizing the location of the NLU, the Government must adopt a transparent and inclusive approach. This includes: 1. Constituting a feasibility and location assessment committee with academicians, legal experts, and representatives from both regions. 2. Conducting objective studies on connectivity, infrastructure, land availability, and accessibility. 3. Holding public consultations with students, teachers, lawyers, and civil society. 4. Ensuring that regional balance is a guiding principle, not an afterthought.
Decisions taken behind closed doors only deepen mistrust. In a democracy, especially in a Union Territory striving for stability and peace, symbolic justice is as important as economic development.
The establishment of SKUAST-Jammu, the Central University of Jammu, and AIIMS Jammu did not happen automatically. Each came after prolonged struggle and public agitation. These movements taught a simple lesson: development built on imbalance cannot last. A healthy democracy works when every region feels respected and included. Jammu has never sought to take away from Kashmir. It has only asked for what is constitutionally and morally due, equal opportunity.
Post-Article 370, Jammu and Kashmir stands at a historic crossroads. There is a real opportunity to correct past mistakes and build a future based on fairness, inclusion, and trust. The National Law University can either become another chapter in Jammu’s long history of discrimination or a landmark decision that symbolizes unity and justice. Choosing a central location like Udhampur, Bhaderwah or Ramban or establishing two NLUs would demonstrate the Government’s sincerity towards balanced regional development. The people of Jammu do not seek privilege. They seek parity. They do not demand dominance, only dignity. For decades, they have struggled not to deny others but to secure their rightful place in the development narrative. The decision on the NLU is more than an administrative choice. It is a test of intent. If fairness prevails, the NLU can emerge not only as a centre of legal excellence but also as a true monument to justice for both Jammu and Kashmir, and for the very idea of Jammu and Kashmir itself.
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