A new dawn – jammu & kashmir and ladakh

A new dawn – jammu & kashmir and ladakh

The three months old decision to scrap the special status to J&K with scrapping the article 370, the special status will cease to exist with establishment of two new union territories and one less state, this will come into effect with the dawn of first of November. With this change India would be reduced to twenty eight states and nine union territories.

What changes it would bring:

• The scrapping would make the central government the key player in formulating the policies for the state, which earlier were vested in the state. With this the part VIII of the Indian constitution kicks in.

Part VIII:

1 - Article 239 {Administration of Union territories}

1.1 - Article 239A {Creation of local Legislatures or Council of Ministers or both for certain Union territories}

1.1.1 - Article 239AA {Special provisions with respect to Delhi}

1.1.2 - Article 239AB {Provision in case of failure of constitutional machinery}

1.2 - Article 239B {Power of administrator to promulgate Ordinances during recess of Legislature}

2 - Article 240 {Power of President to make regulations for certain Union territories}

3 - Article 241 {High Courts for Union territories}

4 - Article 242 {Coorg}

• Under article 239 the president has power to administrate these union territories through appointing the designated officers as Lt. Governors.

• Ranbir Penal code has been done away with further implementation of central laws like IPC and CrPC.

J&K has been bestowed with a legislature with 107 seats and Ladakh without legislature.

• Twenty four seats that were kept vacant in the assembly of J&K would be taken into the count.

• Application of all central laws and acts dealing with the Important issues like agrarian reforms, financial acts etc.

• Transfer of residuary powers from state to center.

• Uniting the people of J&K with the mainstream of Indians (psychological impact).

• The land matters are kept with the state while in Union territory of Delhi these are vested with the DDA(Center) this conveys the implications that it is all about the people of the state not about the Land only.

Priorities and challenges:

Two IAS officers has been appointed as the Lt. Governors (GC Murmu for J&K and RK Mathur), for them the prime responsibilities are:

• Maintenance of law and order

• Establishing the peace and normalcy

• Making development opportunities to the people

• Restoration of democratic processes and trust of this to the people

• Integration of people with the people of India (on physical as well as emotional basis)

• Streamlining the administrative processes

• To ensure that last men in the line gets his due.

• Controlling insurgency

Laying out the Future:

• The first and foremost task is to go for land records, PATTAS should be given to the rightful owners ie to Kashmiri Pandits, tribal whose lands have been taken without any compensation.

• To quietly take away the unlicensed arms, the insurgency would be there for sure but CONTROLL, REDUCE, ELIMANITE are the steps to be achieved in next few months government should aim at.

• Opening up the new doors of opportunities (on economic basis) to the people of the state

• Giving the lost rights of Kashmiri Pandits so that they can go back to J&K

• Setting the democratic balance

• Development of basic public infrastructure, equal opportunities to the people of J&K and Ladakh.

• Justice for Valmikis, scheduled castes and scheduled tribes who have been neglected for decades

Best way forward: The bold decision of scrapping the article 370 would sure create a turmoil in the state for the sometime, but that is where challenges lie ahead. The much needed step would integrate the people with the mainstream and overall uniting the nation and upholding the notion of “unity”. First PEACE and then DEVELOPMENT should be the priorities with administrative and governing bodies. Further the good things that are done should be seen to the people to gain the trust of the people because the Democracy is all about the People.