Jammu and Kashmir (state)

JammuTemplate:Efn and KashmirTemplate:Efn was a region formerly administered by India as a state from 1952 to 2019, constituting the southern and southeastern portion of the larger Kashmir region, which has been the subject of a dispute between India, Pakistan and China since the mid-20th century.<ref name=britannica-jammu-kashmir>Template:Citation (subscription required) Quote: "Jammu and Kashmir, state of India, located in the northern part of the Indian subcontinent in the vicinity of the Karakoram and westernmost Himalayan mountain ranges. The state is part of the larger region of Kashmir, which has been the subject of dispute between India, Pakistan, and China since the partition of the subcontinent in 1947."</ref><ref name="Osmańczyk2003">Template:Citation Quote: "Jammu and Kashmir: Territory in northwestern India, subject to a dispute between India and Pakistan. It has borders with Pakistan and China."</ref> The underlying region of this state were parts of the former princely state of Jammu and Kashmir, whose western districts, now known as Azad Kashmir, and northern territories, now known as Gilgit-Baltistan, are administered by Pakistan. The Aksai Chin region in the east, bordering Tibet, has been under Chinese control since 1962.

After the Government of India repealed the special status accorded to Jammu and Kashmir under Article 370 of the Indian constitution in 2019, the Parliament of India passed the Jammu and Kashmir Reorganisation Act, which contained provisions to split the state into two union territories – Ladakh in the east and the residuary Jammu and Kashmir in the west, with effect from 31 October 2019.<ref>Template:Cite news</ref> Jammu and Kashmir was the only state in India with a Muslim-majority population.

Establishment

After the Indo-Pakistani War of 1947–1948, the princely state of Jammu and Kashmir was divided between India (which controlled the regions of Jammu, Kashmir Valley, and Ladakh) and Pakistan (which controlled Gilgit–Baltistan and Azad Kashmir).<ref name="britannica-kashmir"/> Maharaja Hari Singh signed the Instrument of Accession on 26 October 1947 after an invasion by Pakistani tribesmen. Sheikh Abdullah was appointed as the prime minister of Jammu and Kashmir as part of an interim government by Maharaja Hari Singh in March 1948.<ref>Template:Cite book</ref> In order to integrate the provisions of the instrument of accession relating to the powers of the state and Indian government, the Constituent Assembly of India drew up the draft provision named Article 306-A, which would later become Article 370.<ref name="Waseem">Template:Cite book</ref>

A constituent assembly for Jammu and Kashmir was convened to frame a new constitution for the state in October 1951, after an election in which all the seats were won by the Jammu & Kashmir National Conference party of Abdullah.<ref>Template:Cite book</ref>

Abdullah reached an agreement termed as the "Delhi Agreement" with Jawaharlal Nehru, the Prime Minister of India, on 24 July 1952. It extended provisions of the Constitution of India regarding citizenship and fundamental rights to the state, in addition to the jurisdiction of the Supreme Court of India. Agreements were also reached on issues of abolishing the monarchy, as well as the state being allowed a separate flag and official language. The Delhi Agreement spelt out the relationship between the central government and the state through recognizing the autonomy of Jammu and Kashmir, while also declaring it as an integral part of India and granting the central government control of several subjects that were not a part of the instrument of accession.<ref>Template:Cite book</ref>

The government of Jammu and Kashmir quickly moved to adopt the provisions of the agreement.<ref>Template:Cite book</ref> The recommendations of the Drafting Committee on the Constitution of Jammu and Kashmir regarding the monarchy were accepted by the Constituent Assembly of Jammu and Kashmir on 21 August 1952. The Jammu and Kashmir Constitution Act 1939 was amended in November 1952 to adopt the resolutions and the monarchy was officially abolished on 12 November. The regent Karan Singh was formally elected as the Sadar-i-Riyasat or head of state by the Constituent Assembly and was later recognized by the President of India.<ref>Template:Cite book</ref> The amendments incorporating the provisions into the state constitution entered into force on 17 November.<ref>Template:Cite book</ref>

Integration with India

Abdullah however sought to make Article 370 permanent and began calling for the secession of the state from India, which led to his arrest in 1953.<ref>Template:Cite book</ref> Bakshi Ghulam Mohammad then became the Prime Minister of Jammu and Kashmir. The Constituent Assembly of the state passed a resolution in February 1954, extending some provisions of the Constitution of India and formally ratifying the accession of the state to India per the Instrument of Accession. A Presidential Order was passed on 14 May 1954 to implement the Delhi Agreement, drawing its validity from the resolution of the Constituent Assembly.<ref>Template:Cite book</ref><ref name = "Schofield">Template:Harvnb</ref>

The new Constitution of Jammu and Kashmir was adopted on 17 November 1956 and came into force on 26 January 1957.<ref>Template:Cite book</ref> Following this, the state constituent assembly dissolved itself and elections were held for the legislative assembly in 1957, with the National Conference winning 68 out of 75 seats.<ref>Template:Cite book</ref>

In 1956–57, China constructed a road through the disputed Aksai Chin area of Ladakh. India's belated discovery of this road culminated in the Sino-Indian War of 1962; China has since administered Aksai Chin.<ref name="britannica-kashmir">Template:Cite web</ref> Following the Indo-Pakistani War of 1971, India and Pakistan signed the Simla Agreement, recognising a Line of Control in Kashmir, and committing to a peaceful resolution of the dispute through bilateral negotiations.<ref>Template:Cite web</ref>

In December 1964, the Indian government extended provisions of Articles 356 and 357 of the Constitution of India, which allowed for President's rule in the state.<ref name="Hafeez">Template:Cite book</ref> In April 1965, the legislative assembly approved renaming the positions of Sadar-i-Riyasat to Governor and Wazir-i-Azam (Prime Minister) to Chief Minister of Jammu and Kashmir. Though the change had no actual effect on the legal structure of the state, it conveyed that the government of Jammu and Kashmir was equal to that of any other Indian state.<ref>Template:Cite book</ref>

Despite Nehru releasing the imprisoned Abdullah in April 1964 to initiate dialogue with Pakistan, it viewed these developments as leading to the inseparability of Jammu and Kashmir from India and launched an armed conflict,<ref name="Hafeez"/> infiltrating Kashmir during Operation Gibraltar in August 1965. However, it ultimately failed in its objective and both countries returned to the status quo after the Tashkent Declaration of 1966.<ref>Template:Cite book</ref> The government of Ghulam Mohammed Sadiq meanwhile rapidly extended many provisions of the Indian Constitution to further integrate the state into India.<ref>Template:Cite book</ref>

The failure of Pakistan in the 1971 Indo-Pakistani war weakened the Kashmiri nationalist movement and Abdullah dropped demands of secession. Under the Indira–Sheikh Accord of 1975, he recognised the region as a part of India, the state legislature requiring the approval of the President to make laws, and the Parliament of India being able to promulgate laws against secessionism. In return, Article 370 was left untouched and Abdullah became the Chief Minister of the state. The region remained mostly peaceful until his death in 1982.<ref>Template:Cite book</ref>

Kashmir insurgency

In the late 1980s, discontent over the high-handed policies of the union government and allegations of the rigging of the 1987 Jammu and Kashmir Legislative Assembly election<ref name="Schofield_1">Template:Harvnb</ref> triggered a violent uprising and armed insurgency<ref>Template:Cite web</ref><ref>Template:Cite web</ref> which was backed by Pakistan.<ref name = "Schofield_3">Template:Harvnb</ref> Pakistan claimed to be giving its "moral and diplomatic" support to the separatist movement.<ref name="bbc2015" /> The Inter-Services Intelligence of Pakistan has been accused by India and the international community of supporting, supplying arms and training mujahideen,<ref>Template:Cite news</ref><ref name="Telegraph.co.uk">Template:Cite news</ref> to fight in Jammu and Kashmir.<ref name="Talib">Template:Cite news</ref><ref name="Telegraph.co.uk"/><ref>Template:Cite news</ref> In 2015, former President of Pakistan Pervez Musharraf admitted that Pakistan had supported and trained insurgent groups in the 1990s.<ref>Template:Cite news</ref> India has repeatedly called Pakistan to end its "cross-border terrorism" in Kashmir.<ref name="bbc2015" />

Since 1989, a prolonged, bloody conflict between the Islamic militant separatists and the Indian Army took place, both of whom have been accused of widespread human rights abuses, including abductions, massacres, rapes and armed robbery.Template:Refn Several new militant groups with radical Islamic views emerged and changed the ideological emphasis of the movement to Islamic. This was facilitated by a large influx of Islamic "Jihadi" fighters (mujahadeen) who had entered the Kashmir valley following the end of the Soviet–Afghan War in the 1980s.<ref name="bbc2015">Template:Cite news</ref>

By 1999, 94 out of the 97 subjects in the Union List and 260 out of 395 articles of the Constitution of India had become applicable in the state, though it retained some of its autonomy.<ref>Template:Cite book</ref> Article 370 had meanwhile become mostly symbolic.<ref name="Waseem"/>

The insurgency affected the state's economy. Doda district, rich in high-grade sapphire, had active mines until 1989; in 1998, the government discovered that smugglers had occupied these mines and stolen much of the resource.<ref>Template:Cite news</ref> Industrial development was also constrained by the extreme mountainous landscape and power shortage.<ref>Template:Cite web</ref> Tourism, which was also integral for the economy alongside agriculture and horticulture,<ref name="SDR3A">Template:Cite web</ref><ref name="SDR4">Template:Cite web</ref> witnessed a decline owing to the insurgency in the 1980s, but foreign tourism later rebounded, and by the late 2000s, the state was one among the top tourist destinations in India.<ref>Template:Cite news</ref>

File:Police in Kashmir confronting violent protestors December 2018.jpg

Police and protesters confronting each other in Kashmir, 2018

Following the 2008 Kashmir unrest, secessionist movements in the region were boosted.<ref>Template:Cite news</ref><ref>Template:Cite news</ref> The 2016–17 Kashmir unrest resulted in the death of over 90 civilians and the injury of over 15,000.<ref>Template:Cite news</ref><ref>Template:Cite news</ref> Six policemen, including a sub-inspector were killed in an ambush in Anantnag in June 2017, by trespassing militants of the Pakistan-based Lashkar-e-Toiba.<ref>Template:Cite news</ref> An attack on an Indian police convoy in Pulwama, in February 2019, resulted in the deaths of 40 police officers. Responsibility for the attack was claimed by a Pakistan-backed militant group Jaish-e-Mohammed.<ref name="IT everything">Pulwama Attack 2019, everything about J&K terror attack on CRPF by terrorist Adil Ahmed Dar, Jaish-eMohammad Template:Webarchive, India Today, 16 February 2019.</ref>

Revocation of special status and reorganisation

In August 2019, both houses of the Parliament of India passed resolutions to amend Article 370 and extend the Constitution of India in its entirety to the state, which was implemented as a constitutional order by the President of India.<ref name=Venkataramanan>Template:Citation</ref><ref name="co272">Template:Cite web</ref> At the same time, the parliament also passed the Jammu and Kashmir Reorganisation Act, 2019, which contained provisions to split the state of Jammu and Kashmir into two union territories: Ladakh and the residuary Jammu and Kashmir.<ref name="Indian Express">Jammu & Kashmir Reorganisation Bill passed by Rajya Sabha: Key takeaways Template:Webarchive, The Indian Express, 5 August 2019.</ref>

The reorganisation act was assented to by the President of India, and came into effect on 31 October 2019.<ref name="Gazette2">Template:Citation</ref> Prior to these measures, the union government locked down the Kashmir Valley, increased security forces, imposed Section 144 that prevented assembly, and placed political leaders such as former Jammu and Kashmir chief ministers Omar Abdullah and Mehbooba Mufti under house arrest.<ref>Article 370 Jammu And Kashmir LIVE Updates: "Abuse Of Executive Power," Rahul Gandhi Tweets On Article 370 Removal Template:Webarchive, NDTV, 6 August 2019.</ref> Internet and phone services were also blocked.<ref name="Ratcliffe">Template:Cite news</ref><ref>Inside Kashmir's lockdown: 'Even I will pick up a gun' Template:Webarchive, BBC News, 10 August 2019.</ref><ref>Template:Cite web</ref>

Administrative divisions

File:Jammu-Kashmir-Ladakh.svg

The Divisions of Jammu and Kashmir: Kashmir (green), Jammu (orange) and Ladakh (blue)

The state of Jammu and Kashmir consisted of three divisions: the Jammu Division, the Kashmir Division and Ladakh which were further divided into 22 districts.<ref name=MHA>Template:Cite web</ref> The Siachen Glacier, while under Indian military control, did not lie under the administration of the state of Jammu and Kashmir. Kishtwar, Ramban, Reasi, Samba, Bandipora, Ganderbal, Kulgam and Shopian were districts formed in 2008.<ref name=MHA/>

Districts

Division	Name	Headquarters	Before 2007<ref>Template:Citation</ref>	After 2007
			Area (km2)	Area (km2)	Area (sq miles)	Rural Area (km2)	Urban Area (km2)	Ref.
Jammu	Kathua district	Kathua	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report</ref>
	Jammu district	Jammu	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Template:Cite report</ref>
	Samba district	Samba	new district	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Template:Cite report</ref>
	Udhampur district	Udhampur	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report</ref>
	Reasi district	Reasi	new district	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Template:Cite report</ref>
	Rajouri district	Rajouri	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Template:Cite report</ref>
	Poonch district	Poonch	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Template:Cite report</ref>
	Doda district	Doda	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report</ref>
	Ramban district	Ramban	new district	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report</ref>
	Kishtwar district	Kishtwar	new district	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Part B page 9 says the rural area is 1643.65 km2, whilst pages 10 and 22 says 1643.37 km2.</ref>
	Total for division	Jammu	Template:Round	Template:Convert	Template:Round	Template:Round
Kashmir	Anantnag district	Anantnag	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Template:Cite report</ref>
	Kulgam district	Kulgam	new district	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Template:Cite report Part B page 12 says the area of the district is 404 km2, but page 22 says 410 km2.</ref>
	Pulwama district	Pulwama	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report</ref>
	Shopian district	Shopian	new district	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Template:Cite report Part B pages 12 and 22 say the district area is 312.00 km2, but Part A page 10 says 307.42 km2.</ref>
	Budgam district	Budgam	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Template:Cite report Part A says the district area is 1371 km2, Part B says 1371 km2 (page 11) and 1361 km2 (page 12s and 22).</ref>
	Srinagar district	Srinagar	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Part A page 48 says the district area was 2228.0 km2 in 2001 and 1978.95 km2 in 2011.</ref>
	Ganderbal district	Ganderbal	new district	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Part B page 11 says the district area is 393.04 km2, but pages 12 and 22 say 259.00 km2.</ref>
	Bandipora district	Bandipora	new district	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Template:Cite report</ref>
	Baramulla district	Baramulla	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Template:Cite report</ref>
	Kupwara district	Kupwara	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Template:Cite report</ref>
	Total for division	Srinagar	Template:Round	Template:Convert	Template:Round	Template:Round
Ladakh	Kargil district	Kargil	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report Template:Cite report</ref>
	Leh district	Leh	Template:Round	Template:Convert	Template:Round	Template:Round	<ref>Template:Cite report</ref>
	Total for division	Leh and Kargil	Template:Round	Template:Convert	Template:Round	Template:Round
Total			Template:Round	Template:Convert	Template:Round	Template:Round

Demographics

Jammu and Kashmir was the only state in India with a Muslim-majority population.<ref>Larson, Gerald James. "India's Agony Over Religion", 1995, page 245</ref> In the Census of India held in 1961, the first to be conducted after the formation of the state, Islam was practised by 68.31% of the population, while 28.45% followed Hinduism. The proportion of population that practised Islam fell to 64.19% by 1981 but recovered afterward.<ref>Template:Cite web</ref> According to the 2011 census, the last to be conducted in the state, Islam was practised by about 68.3% of the state population, while 28.4% followed Hinduism and small minorities followed Sikhism (1.9%), Buddhism (0.9%) and Christianity (0.3%).<ref name="2011census">Template:Cite web</ref>

The state's official language was Urdu, which occupied a central space in media, education, religious and political discourses and the legislature of Jammu and Kashmir; the language functioned as a symbol of identity among Muslims of South Asia.<ref>Template:Cite book</ref> The first language of less than 1% of the population, it was regarded as a "neutral" and non-native language of the multilingual region, and broadly accepted by Kashmiri Muslims.<ref>Template:Cite book</ref><ref name="Pandharipande"/> The dominant position of Urdu has been criticised for rendering Kashmiri into a functional "minority language", effectively restricting its use to households and family.<ref name="Pandharipande">Template:Citation</ref><ref name="KachruKachru2008">Template:Citation</ref>

Government

Jammu and Kashmir was the only Indian state that had special autonomy under Article 370 of the Constitution of India, which stipulated that no law enacted by the Parliament of India, except for those in the field of defence, communication and foreign policy, would be extendable to Jammu and Kashmir unless it was ratified by the state legislature of Jammu and Kashmir.<ref>Template:Cite web</ref> The state was able to define the permanent residents of the state who alone had the privilege to vote in state elections, the right to seek government jobs and the ability to own land or property in the state.<ref>Template:Cite webTemplate:Dead linkTemplate:Cbignore</ref> By virtue of this autonomy, Jammu and Kashmir was the only state to have an official state flag, hoisted alongside India's national flag, and had a separate constitution.<ref name="The Hindu">Template:Cite news</ref> Designed by the then-ruling National Conference, the flag of Jammu and Kashmir featured a plough on a red background symbolising labour; it replaced the Maharaja's state flag. The three stripes on the flag represented the three distinct administrative divisions of the state.<ref>Template:Cite web</ref>

Like all the states of India, Jammu and Kashmir had a multi-party democratic system of governance and had a bicameral legislature. At the time of drafting the Constitution of Jammu and Kashmir, 100 seats were earmarked for direct elections from territorial constituencies. Of these, 25 seats were reserved for the areas of Jammu and Kashmir state that came under Pakistani control; this was reduced to 24 after the 12th amendment of the Constitution of Jammu and Kashmir.<ref>Template:Cite web</ref> After a delimitation in 1988, the total number of seats increased to 111, of which 87 were within Indian-administered territory.<ref>Template:Cite news</ref> The Jammu and Kashmir Assembly had a 6-year term, in contrast to the norm of a 5-year term followed in other state assemblies.<ref>Template:Cite web</ref> This anomaly arose because Jammu and Kashmir accepted the provision in the Forty-second Amendment of the Constitution of India but did not accept its repeal in the Forty-fourth Amendment.<ref>No need for constitutional amendment to bring J&K under 'one nation, one election': BJP Template:Webarchive, Greater Kashmir, 22 June 2019.</ref><ref>Meenakshi Lekhi, Why isn't Kashmir 'secular', Cong & NC must answer Template:Webarchive, The Economic Times blog, 9 January 2014.</ref>

Central provisions

In 1990, an Armed Forces (Special Powers) Act of India, which gave special powers to the Indian security forces, including the detaining of individuals for up to two years without presenting charges, was enforced in Jammu and Kashmir,<ref>The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990" Indian Ministry of Law and Justice Published by the Authority of New Deli</ref><ref>Template:Cite web</ref> a decision which drew criticism from Human Rights Watch and Amnesty International for violating human rights.<ref>"India: Repeal Armed Forces Special Powers Act Template:Webarchive Human Rights Watch. Retrieved 11 September 2008.</ref><ref>Template:Cite web</ref> Security forces claimed that many missing people were not detained, but had crossed into Pakistan-administered Kashmir to engage in militancy.<ref name=BBC>Template:Cite news</ref>

References

Sources

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Further reading

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