Jammu Kashmir Government and Society

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Government And Society

Constitutional framework

As a state, Jammu and Kashmir retained a special status within the union government
of India. Unlike the rest of the states, which are bound by the Indian constitution,
Jammu and Kashmir followed a modified version of that constitution—as delineated in
the Constitution (Application to Jammu and Kashmir) Order, 1954—which affirmed
the integrity of the state within the Republic of India. The union government had direct
legislative powers in matters of defense, foreign policy, and communications within the
state and has indirect influence in matters of citizenship, Supreme Court jurisdiction,
and emergency powers.

In August 2019 the union government effectively suspended the constitution of the state
of Jammu and Kashmir and set the framework for its bifurcation into the union territory
of Jammu and Kashmir and the union territory of Ladakh. Under this framework, the
union territory of Jammu and Kashmir will be under the administration of a lieutenant
governor appointed by the president of India, aided by a chief minister and a council of
ministers appointed by that lieutenant governor. It will have a Legislative Assembly,
with members elected to five-year terms, though it may be dissolved by the lieutenant
governor before the term expires. Unlike state legislatures, which
have constitutional authority over matters of public order and policing, those matters
will remain under the domain of the union government (through the lieutenant
governor as its representative). The territory will directly send five elected
representatives to the Lok Sabha (lower chamber) and four members, elected by the
combined Legislative Assembly and Council, to the Rajya Sabha (upper chamber) of the
Indian national parliament. The union territory of Ladakh will likewise be administered
by a lieutenant governor. Unlike Jammu and Kashmir (but like most other union
territories in India), Ladakh will not have a legislative body. It will send one elected
representative to the Lok Sabha. The two union territories will share a High Court,
which consists of a chief justice and 11 other judges, who are appointed by the president
of India.

As a state with special status, Jammu and Kashmir had a governor as head of state, who
was appointed by the president of India and was aided and advised by an elected chief
minister as head of government and a council of ministers. The legislature consisted of
two houses: the Legislative Assembly (Vidhan Sabha), comprising several dozen
members elected from single-member constituencies; and the smaller Legislative
Council (Vidhan Parishad), with most members elected by various groups of politicians,
local administrators, and educators and a few appointed by the governor.

Health and welfare


Medical service is provided by hospitals and dispensaries scattered throughout the state,
although accessibility to health care is somewhat lower in Ladakh than in other areas.
Influenza, respiratory ailments such as asthma, and dysentery remain common health
problems. Cardiovascular disease, cancer, and tuberculosis have increased in the Vale of
Kashmir since the late 20th century.

Education

Education is free at all levels. Literacy rates are comparable to the national average, but
female literacy is considerably lower than that for males. The two major institutes
of higher education are the University of Kashmir at Srinagar and the University of
Jammu, both founded in 1969. In addition, agricultural schools have been established in
Srinagar (1982) and Jammu (1999). A specialized institute of medical sciences was
founded in Srinagar in 1982.

William KirkRais AkhtarThe Editors of Encyclopaedia Britannica

History
The history of Jammu and Kashmir state in its regional setting, both
before and after Indian independence in 1947, is given in the
article Kashmir.

The decision by Hari Singh, maharaja of Kashmir, to sign the


Instrument of Accession in October 1947—thus joining Kashmir to the
Indian union—precipitated warfare between India and Pakistan that
culminated in the establishment of the line of control (cease-fire line)
in the region in July 1949. Jammu and Kashmir state thus became the
territory that India administered on its side of the line. However, both
India and Pakistan have continued to claim the entire Kashmir region,
and tensions generally have remained high along the line. Fighting has
occasionally broken out between the two sides, notably in
1965. China’s presence in portions of the area along the northern
border of the state has also been contested by India. Meanwhile, the
process of formalizing Jammu and Kashmir’s status as a state took
several years and was completed only in 1957.

The pro-India Jammu and Kashmir National Conference (JKNC) has


governed the state for most of the time since 1947, with interludes
mainly by the Indian National Congress (Congress Party)—notably
from 1964 to 1975. The state has also been administered directly by
the central Indian government for brief periods, although one such
occurrence lasted for six years (1990–96). Sheikh Muhammad
Abdullah, founder of the JKNC, served as the first head of government
(called prime minister until 1965 and then chief minister) until he was
dismissed from office by the national government in 1953 and was
imprisoned for 11 years on the grounds that he sought to separate
Jammu and Kashmir from India. Abdullah later returned to
government as chief minister, in office from 1975 to his death in 1982.
His son, Farooq Abdullah, also served as chief minister (1982–84,
1986–90, and 1996–2002), as did Farooq’s son Omar
Abdullah (2009–15).

Farooq AbdullahFarooq Abdullah.Courtesy of Photo Division, Ministry of


Information & Broadcasting, Government of India
In August 2019 the national government suspended Jammu and
Kashmir’s autonomy and applied India’s constitution fully to the
territory. It also passed legislation to downgrade the state at a later
date to a union territory—thereby allowing the union government full
control over its governance—and to split the Ladakh region off into a
separate union territory of its own.

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