Jammu and Kashmir Reorganization Amendment Bill, 2021 - Paving a new for the development of UT

The Kootneeti , 2020

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isara solutions, 2020

Historically, multiethnic polities in order to reconcile pluralities have been adopting varied forms of autonomy to negotiate and attain a compromise between multiple identities. Many of such normative and institutional arrangements of self-government attempt to achieve a staggered democratic consensus within a broader politico-institutional arrangement. As such in some parts of the world the need for maintaining systemic unity and respect for distinct identities was negotiated through federal devolution and in others through the granting of regional autonomy or corporate autonomy. i Yet as Ghai comments within the federal variety of autonomy, powers may be distributed in both 'symmetrical' and 'asymmetrical' ways. While in the case of a symmetrical division, equal powers are devolved amongst all the federal constituents; in the asymmetrical variety 'special powers [are] granted to one or more regions.' Chaube, argues that 'besides the problem of religious minorities, which appeared to have been politically solved with the partition, the leaders of independent India had to count with other cultural diversities.' ii A federal arrangement thus emerged as a logical paradigm not only for administrative viability and political contingency but also as an institutional mechanism for negotiated compromise between competing ethnocultural and regional claims. The state adopted a federal arrangement where at one level all federal constituents shared and enjoyed equal powers and there was thus a 'symmetrical' distribution of powers among all the federal constituents. At another level the state adopted a federal arrangement whereby 'special provisions' were adopted for certain regions and groups within the federal states. This 'asymmetrical' distribution of powers among certain recognised social categories and regions were in deference to their historical and cultural specificities and were expressed in some articles of the constitution as well as Schedules like the 5th and the 6th. These variations in the scheme of federal sharing of powers was considered to have provided an interplay of cross-cutting cleavages iii that effectively neutralises any trend towards political secessionism anchored in social differentiations. Yet in contemporary India while there seems to be a maturing political consensus among federal constituents there is also an escalating dissension for autonomy claims based on ethnic differentiation, and in India's Northeast such political claims and resistances have often transformed into armed opposition and conflict. While Articles 370, 371A iv , 371C v and 371F vi made special provisions for 'segmental autonomy' with respect to the states of Jammu & Kashmir, Nagaland, Manipur and Sikkim; the 5th and 6th schedules establish 'state-like institutions' in certain 'scheduled areas' vii of the country. These institutions empowered through these articles and schedules were to provide certain 'tribal' communities a measure of 'self-rule' through the introduction of councils that would nurture the customary law, practices and institutions of these communities. While the 5th Schedule deals with the administration of scheduled areas in states other than Assam, Meghalaya, Tripura, and Mizoram, the 6th Schedule deals with the administration of the latter

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Indian government has recently ended special status of Jammu and Kashmir by scrapping all provisions of Article 370 except clause 1 and Article 35(A) of Indian Constitution on 5 th August 2019. It has ended the special status of Jammu and Kashmir, which it has got from the day of its integration with Indian Union. There are numerous national and international speculations regarding the consequences of this step. In this article we will discuss the unique history of merger and exceptional circumstances behind the introduction of special status for Jammu and Kashmir. The use, misuse and abuse of special status of Jammu and Kashmir in the socio-political canvass of India shall also be dealt. Challenges and opportunities attached with the scrapping of these provisions have been envisaged in the present article. Finally the future course of this historical turning point is discussed here.

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Article 370 has been often a point of discussion regarding the Jammu and Kashmir state. The article is rooted in the unique historical past of the J&K state. The fact remains that Kashmir politics is inseparably tied with article 370. The article encapsulates within itself all the vicissitudes of the historical past of Kashmir especially that of 1947 and the related developments. There is a need to decode the nature of this article and contextualize its emergence within the broader parameters of Kashmir's unique political and historical past. This article is an effort in that direction. The historical tracing of the emergence of this special constitutional provision has been specially focused with a discussion of its contentious nature.

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2000

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International journal of sociology and anthropology, 2014

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Bureaucratic power is a fact of life in the present political and administrative processes throughout the world. It is inherent in all administrative systems and so is the case in the state of Jammu and Kashmir, India. Bureaucracy in J&K emerged as an offshoot of the British Colonial rule in India. The rule ended but the legacy still persists. Over-bureaucracy in the system led to the undue increase in the bureaucratic power. This excessive power became unacceptable to the common masses in J&K. The situation got aggravated due to the increasing inaccessibility of this bureaucracy and its recognition as elitism. The public in J&K, being vulnerable economically, socially and psychologically, due to the past political turmoil of two decades and undue discrimination at the hands of the central government, portrayed a feeling and attitude of awe, fear and disgust towards the rising bureaucratic structure. The bureaucracy in J&K needs to desist from rampantly using its power, which draws its vitality from the resources allocated to it. At the same time, it needs to make a judicious use of these resources. The present paper depicts the rise of bureaucratic power in J&K, with its inherent pitfalls, if used indiscriminately. This paper also portrays the probability of its decline in case the reins are taken over by the citizenry as a result of an administrative revolution.

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