Despite having special status under Article 370 of the Indian Constitution Jammu & Kashmir (J & k) experienced violence, cross-border terrorism and political instability with internal and external ramifications. It resulted in the loss of many lives including that of innocent civilians, security personnel, militants and large-scale displacement of Kashmiri Pandits from the Kashmir valley. 

Jammu and Kashmir: Social and Political Regions (Refer Figure 7.1)

The Jammu region:  It is a mix of foothills and plains, predominantly inhabited by the Hindus. 

• Muslims, Sikhs and people of other denominations also reside in this region. 

• The Kashmir region: It mainly comprises the Kashmir valley. The region is inhabited mostly by Kashmiri Muslims with the remaining being Hindus, Sikhs, Buddhists and others.
• The Ladakh region: It is mainly mountainous and has very little population which is almost equally divided between Buddhists and Muslims.

Roots of the Problem

• Partition and Invasion
• Pre-Partition Status: Before 1947, J&K was a Princely State. Its ruler, Maharaja Hari Singh did not want to merge either with India or Pakistan but to have an independent status for his state. 
• Divided Loyalties: Since the majority population was Muslim, Pakistani leaders thought that the Kashmir region belonged to Pakistan. 
  • But people of state thought of themselves as Kashmiris above all. This issue of regional aspiration is known as Kashmiriyat. 
• Internal Politics: Sheikh Abdullah of the National Conference, wanted to get rid of Maharaja but was against joining Pakistan. 
• Tribal Invasion: In October 1947, Pakistan sent tribal infiltrators to capture Kashmir. This forced the Maharaja to ask for Indian military help. 
• Accession
• India extended military support and drove back the infiltrators from Kashmir valley, but only after the Maharaja had signed an ‘Instrument of Accession’ with the Government of India.

UN Mediation

However, as Pakistan continued to control a sizable part of the state, issue was taken to the UN Organisation, which in its resolution dated 21 April 1948 recommended a three-step process to resolve the issue. 

1. Pakistan had to withdraw its entire nationalities, who entered Kashmir. 
2. India needed to progressively reduce its forces to maintain law and order.
3. A plebiscite was to be conducted in a free and impartial manner. 

• Provisional Autonomy
• Sheikh Abdullah took over as Prime Minister of State of Jammu & Kashmir  (head of government in State was then called Prime Minister) in March 1948 while India agreed to grant it provisional autonomy under Article 370.

External and internal disputes

External: Pakistan’s claim to Kashmir Valley:  Pakistan has always claimed Kashmir Valley should be part of Pakistan and a part of the State came under Pakistani control after the tribal invasion of 1947. 

• India claims that this area is under illegal occupation but Pakistan describes this area as ‘Azad Pakistan’. 
• Internal: Kashmir is a bone of contention in the Indian Union:  there is a dispute about the status of Kashmir within the Indian Union. 
• • The special provisions under Articles 370 and 371 in the Indian Constitution provoked two opposite reactions. 
• Limited Integration Concerns: A section of people outside of J&K believed that special status of  State conferred by Article 370 did not allow full integration of State with India. 
• Kashmiris’ View:  Another section, mostly Kashmiris, believes that autonomy conferred by Article 370 is not enough. They had grievances such as: 

1. Unfulfilled Promise: The promise that Accession would be referred to people of State after the situation created by tribal invasion was normalised, has not been fulfilled and generated demand for a plebiscite. 
2. Eroding Autonomy: The special federal status guaranteed by Article 370, had been eroded in practice which led to the demand for restoration of autonomy or ‘Greater State Autonomy’. 
3. Democratic Deficit: It was felt that democracy has not been similarly institutionalised in the State of J & K.

Politics since 1948

Conflict between State and Central government

• Political Rift Leading to Sheikh Abdullah’s Dismissal: There was a growing difference between Prime Minister Sheikh Abdullah and the central government about his position on Kashmir’s status. 
  • He was dismissed in 1953 and kept in detention. 
• Loss of Popular Mandate: The leadership that succeeded him did not enjoy support and was not able to rule State mainly due to support of Centre. 
• A Questioned Authority: During the period between 1953 and 1974, a truncated National Conference (minus Sheikh Abdullah) remained in power with active support of Congress for some time but later it merged with Congress and Congress brought about changes. 
  • There were allegations of malpractices and rigging in various elections.  
• Constitutional Shift: Meanwhile, a change in provision of Constitution of J & K was made in 1965 by which the Prime Minister of state was designated as Chief Minister of state. 
  • Accordingly, Ghulam Mohammed Sadiq of Indian National Congress (INC) became first Chief Minister of the state.  
• Political Reconciliation: In 1974 Indira Gandhi reached an agreement with Sheikh Abdullah and he became Chief Minister of State.
• Revival of National Conference
• Revival of National Conference under Sheikh Abdullah (1977): Sheikh Abdullah revived National Conference which was elected with a majority in 1977 assembly elections. 
• Short tenure of Farooq Abdullah: Sheikh Abdullah died in 1982 and leadership of the National Conference went to his son, Farooq Abdullah, who became Chief Minister.
  • But he soon was dismissed and a breakaway faction of  National Conference(NC) came to power for a brief period. 
• Centre’s Intervention and Resentment in Kashmir: Dismissal of Farooq Abdullah’s government due to intervention of Centre generated a feeling of resentment in Kashmir. 
• Electoral Alliance between National Conference and Congress (1986): Feeling that Centre was intervening in politics of  State was further strengthened when National Conference in 1986 agreed to have an electoral alliance with Congress.

1987 Assembly Elections

Alliance Victory: In the 1987 assembly election the alliance of National Conference— Congress showed a massive victory and Farooq Abdullah returned as Chief Minister. 

• Allegations of Election Rigging and Public Outcry: It was widely believed that results did not reflect popular choice, and that entire election process was rigged. 
• Crisis of Democracy in Kashmir: This was now augmented by commonly prevailing feeling that democratic processes were being undermined by the state at the behest of Centre and generated a political crisis in Kashmir. 

 Insurgency and After

Militancy and the Grip of Violence (1989) in Kasmir: By 1989, State had come into grip of a militant movement mobilised around the cause of a separate Kashmiri nation and Pakistan provided moral, material and military support to insurgents. 

• For several years State was under President’s rule and effectively under the control of the armed forces. 
• A Decade of Unrest: Throughout the period from 1990, J & K experienced extraordinary violence at the hands of the insurgents and through army action. 
• Regional Autonomy at the Forefront: In 1996 Assembly elections in State National Conference led by Farooq Abdullah came to power with a demand for regional autonomy for Jammu and Kashmir. 
• Shifting Power Dynamics: Finally, in the 2002 elections National Conference failed to win a majority and was replaced by a People’s Democratic Party (PDP) and Congress coalition government.

2002 and Beyond

Leadership Changes from Mufti Mohammed to Ghulam Nabi Azad (2002-2008): Mufti Mohammed of PDP headed government for first three years succeeded by Ghulam Nabi Azad of the INC who however could not complete the term as president rule was imposed in state in July 2008. 

• NC-INC Coalition Takes Power, Unrest Continues (2008-2014): In November-December 2008 election coalition government (composed of NC and INC) came into power headed by Omar Abdullah. 
  • However, J & K continued to witness disturbances led by the Hurriyat Conference. 
• Coalition Shift (Mufti Mohammed Sayeed’s Government with BJP) (2014-2016): In the 2014 election, a coalition government led by Mufti Mohammed Sayeed came into power with BJP as its partner. 
• Historic Leadership of Mahbooba Mufti and Challenges (2016-2018): After the death of Mufti Mohammed, his daughter Mahbooba Mufti became first woman Chief Minister of the state in April 2016. 
  • During her tenure, major acts of terrorism, and mounting external and internal tensions were witnessed. 
• Imposition of President’s Rule (2018): In June 2018, President’s rule was imposed after BJP withdrew its support to the Mufti government. 
• Abolition of Article 370 and Reorganisation: On 5 August 2019, Article 370 was abolished by the Jammu & Kashmir Reorganisation Act 2019 and the state was constituted into two Union Territories, viz., Jammu & Kashmir and Ladakh. 

Conclusion

The intricate past of Jammu and Kashmir, marked by partition disputes, internal unrest, and external conflicts, has resulted in long-lasting instability and violence. The region’s distinct position under Article 370, which was intended to grant autonomy, led to disputes and ultimately ended with its repeal in 2019. This action was intended to completely incorporate Jammu and Kashmir into India, but the area still struggles with its social and political obstacles and desire for self-governance.

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