Dr Ashwani Kumar and Dr Vikas Bhandari
“Law and order is not merely a domain; it is the foundation that shapes all other domains. Whoever controls law and order controls the framework of governance itself”
Jammu and Kashmir, a region marked by its political and social complexities, has undergone profound changes in its governance structure over the past few years. Prior to the abrogation of Article 370 in August 2019, the region enjoyed a special status within India, granting it a degree of autonomy, including control over crucial domains like law and order. However, with the revocation of this autonomy by the Central Government, and the subsequent transfer of key powers to New Delhi, the governance landscape in Jammu and Kashmir has been radically altered.
The newly formed Government in the region, led by the National Conference (NC), may face significant constraints, particularly in managing law and order. Despite an elected government in place, law and order remains under the direct control of the central government. This has undermined the ability of local leaders to effectively address public grievances, creating a paradox: while local Governments are expected to maintain peace and address public concerns, they are deprived of the essential tools to do so.
The Role of Law and Order in Effective Governance
Under the Bharatiya Janata Party (BJP)-led central government, there has been a consistent effort to centralize control over law and order with the stated aim of maintaining peace and security in Jammu and Kashmir. While maintaining peace and security is critical, law and order go beyond merely preserving these aspects. It is a foundational component of effective governance, intersecting with nearly every other aspect of administration-economic development, education, healthcare, and social justice. In a region as diverse and politically sensitive as Jammu and Kashmir, the absence of local control over law enforcement significantly hinders the ability of any government, regardless of political affiliation, to fulfill its obligations to the people.
Jammu and Kashmir is not an isolated or homogeneous region. It is a microcosm of India’s pluralistic society, home to a range of ethnic groups, religious communities, and cultural identities that have coexisted, albeit often with tension, for centuries. The government of Jammu and Kashmir has always had to navigate this diversity to ensure justice, equity, and peace. Without control over law and order, however, any Government would be severely handicapped in addressing the region’s complex challenges.
The Centralization of Power and Its Consequences
The centralization of control over law and order shifts the balance of power between Jammu and Kashmir and the central government. In the case of Jammu and Kashmir, this centralization places critical decisions about law enforcement in the hands of New Delhi, rather than allowing the local government to craft policies suited to its unique context. This not only weakens local governance but also raises significant ethical concerns.
At the heart of this issue is the fact that centralization deprives the people of Jammu and Kashmir of the autonomy to address their concerns in ways that are culturally and contextually appropriate. Centralized policies, often developed without sufficient consideration of the region’s complexities, can exacerbate rather than resolve local issues. For example, heavy-handed law enforcement or the increased military presence-while framed as measures to ensure security-can alienate the local population. This alienation fosters resentment, deepening the divide between the people of Jammu and Kashmir and the Central Government.
Moreover, law and order are not just about policing; they are about creating an environment where the rule of law is respected, institutions are perceived as legitimate, and local authorities are empowered to address grievances in culturally sensitive ways. The absence of local control over law enforcement means that decisions affecting the people of Jammu and Kashmir are being made far from the region, often without a true understanding of its complexities.
The Ethical Problem of Debarring Elected Leaders from Representation
In any democracy, the legitimacy of government rests on the ability of elected representatives to fulfill their roles and serve their constituents. By depriving the elected Chief Minister (CM) of Jammu and Kashmir, currently Umar Abdullah of the National Conference, from having control over the crucial domain of law and order, the Central Government has severely undermined the democratic principle of representative governance. A Government without the ability to address the concerns of its people cannot claim to be truly representative.
It is ethically problematic for a government to deny its citizens the right to be governed by leaders they have freely elected. In a democracy, it is the prerogative of the people to choose their representatives, and those representatives must have the power and authority to act on their behalf. By curtailing the powers of the local government in Jammu and Kashmir, the Central Government is effectively undermining the will of the people, making it difficult for the local government to respond to the region’s unique needs.
In this context, Umar Abdullah’s role as CM, and the National Conference’s efforts to provide leadership, are severely compromised. The fact that the Chief Minister cannot exert control over law enforcement not only creates governance inefficiencies but also sends a message that the voice of the people in Jammu and Kashmir is being suppressed. This, in turn, erodes trust in democratic institutions and further alienates the population from the central government.
The Unethical Imposition of Central Policies
Imposing central policies, especially in sensitive areas like law and order, is not only inefficient but also ethically problematic. Jammu and Kashmir is one of the most strategically important regions in India, yet it remains one of the country’s most economically underdeveloped. For decades, it has faced political unrest, armed conflict, and economic challenges. Imposing policies from the center, without taking into account the region’s specific needs or allowing local governance to play an active role, risks perpetuating a cycle of underdevelopment, alienation, and unrest.
This situation creates a profound injustice-not just for the elected representatives of Jammu and Kashmir, who are rendered powerless in fulfilling their responsibilities, but also for the people themselves, who are denied meaningful representation in the decision-making process. The people of Jammu and Kashmir deserve a government that can actively engage with their concerns, craft policies that reflect their unique needs, and ensure justice based on local realities. Without control over law and order, local governments are reduced to passive observers, unable to perform their most basic functions of governance.
The Need for a More Inclusive Governance Model
For governance in Jammu and Kashmir to be effective, it must involve the active participation of all stakeholders, particularly the elected representatives of the people. The current model of centralized control over law and order has proven inadequate for addressing the region’s unique challenges.
To ensure lasting peace, stability, and development, governance in Jammu and Kashmir must be decentralized. Local authorities should be empowered to make key decisions about law enforcement and other critical areas. A locally empowered government will not only be better equipped to handle the region’s complexities but also to restore the trust and confidence of its people. Only when the government of Jammu and Kashmir has control over law and order can it truly serve the needs of its people in a way that is just, fair, and reflective of their aspirations.
The imposition of top-down solutions, particularly in the crucial areas of law and order, is not only a disservice to the political leaders of Jammu and Kashmir; it is a disservice to the people. It is time for a more inclusive, ethical approach to governance-one that recognizes the autonomy, dignity, and unique identity of this diverse and sensitive region. The people of Jammu and Kashmir deserve a governance model that empowers them to shape their own future, in line with the values of justice, equality, and peace.
Dr. Ashwani Kumar is an Assistant Professor (Sociology) at UILS, Chandigarh University, Punjab.
Dr. Vikas Bhandari an Assistant Professor (Political Science) at UILS, Chandigarh University, Punjab.
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