Mahesh Chander sudan
We, the people of India, have witnessed unparalleled, unprecedented and undesired demotion of the erstwhile state of Jammu and Kashmir into two union territories strategically to facilitate better governance of the public assets. Territorial reorganization was carried out in terms of Reorganization Act 2019 and the newly born union territories were ushered into new era of development as claimed by the ruling dispensation. At the same time, the public annoyance and pressure compelled Prime Minister and Home Minister to commit restoration of statehood to Union Territory of J&K at an appropriate time both inside and outside the Parliament befitting the occasions. The people of Jammu and Kashmir are yet to digest this demotion and to concur points of justification advanced by the Party in power. It is also a fact that the then state of Jammu and Kashmir remained a bone of contention between two neighboring nations since their formation. However, the long outstanding demand of the people of Ladakh for creating separate Union Territory has been materialized in moderation. This led peace loving population of Ladakh region to refresh their demand for providing Legislative Assembly in place of central rule through Lieutenant Governor. As regards restoration of Statehood to Union Territory of JK, the appropriate time has not been defined categorically by the Home Minister and the Prime Minister of India. The uncertainty therefore ignites politics amongst various active political entities to redefine their mode of campaign to extract public mandate in their favour. It therefore compels people of Jammu and Kashmir to analyze whether they have right to regain their statehood status or it would be a bestowal presented by the ruling dispensation out of benevolence. Historically, the state of Jammu and Kashmir enjoyed the state status even during English empire and became part of Independent India through an instrument of accession unlike other states. It continued maintaining statehood all along till 31 Oct 2019 despite various attempts by our neighboring nation to challenge accession of JK with Indian Union at international forums. The people of Jammu and Kashmir have eventually realized that abrogation of Article 370 and 35A by central dispensation might enhance the administrative control of Union Government for effective utilization of security apparatus in the valley but the territorial reorganization of the erstwhile state into two union territories namely J&K and Ladakh is yet not fully comprehended. The constitution of India provides for territorial reorganization of any state or UT through an established method to enhance governance of public assets to meet aspirations of the local population. It thus infers that the constitutional change carried out through Reorganization Act, as referred above, enabled Indian Union to meet long outstanding demand of Ladakh region and to facilitate this change in an orderly manner the entire territory of erstwhile state of Jammu and Kashmir was converted into two union territories and this has been legally challenged for its validity through various petitions made by members of Parliament, former bureaucrats, military officers, advocates and many other prominent members of the society. Delay in holding elections and deterioration of governance limited to LG and his handful team of advisors strengthened public opinion about futility of said change in status which otherwise was perceived to act as panacea for all prevailing ills. The ground reality speaks for itself and it proves beyond doubt that there is no change noticed or felt by people of Jammu and Kashmir in their day to day life, unemployment has risen phenomenally, temporary and contractual employees of various government departments are awaiting sanction for extension/regularization so that they are not shunted out of minimum employment opportunity, centrally sponsored schemes are no better administered in the present set of governance. Recent example of corruption noticed in the JKPSI result establishes that there is no change in the corrupt practices despite big claims of Zero tolerance and transparent administration by LG himself. Lack of accountability at all levels disturbs the faith of aspirants and revalidates the fact that the entire system is corruption ridden and no authority at any level introspects his role and holds himself morally responsible for it. As regards restoration of Statehood as announced by PM and HM, it implies that the State of Jammu and Kashmir owned its statehood since its formation as princely state and could therefore be restored back as a matter of right and not the bestowal. Delay on the part of Union Government would certainly prove inimical to the relation between Union and Federation. Besides Local leaders, Dr. Karan Singh has also raised the demand on behalf of the people of Jammu and Kashmir during his recent visit to the state and emphasized that it must be restored at the earliest. The appropriate time as referred by the HM and PM of India both in Parliament and Outside Parliament needs further elucidation in terms of tangible parameters to instill clarity and faith of the people. A right should rarely be denied whereas the bestowal may be restricted to appropriate time and occasion. Hence, limiting restoration of statehood to the erstwhile state of Jammu and Kashmirto intangible parameters would hurt public sentiments. Jai Hind, Jai Bharat. The author is WgCdr (Retd)
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