Hindu Editorial Analysis : 13-December-2023

In a landmark judgment upholding the abrogation of Jammu and Kashmir’s special status under Article 370, the Supreme Court Constitution Bench directed the Election Commission of India (ECI) to conduct elections to the Legislative Assembly of J&K by September 30, 2024.

What is Welcoming and the Existing Issue:
  • Positive Aspect: The Court’s imposition of a deadline for elections in J&K is a commendable move, considering the prolonged period under Governor’s Rule and President’s Rule since June 20, 2018.
  • Concerns: However, the judgment falls short by not pressing for the restoration of statehood to the bifurcated Union Territory, a promise yet to be fulfilled by the government.
Direct Election and Statehood:
  • Bench’s Stance: The Court asserts that direct elections cannot wait for statehood restoration. However, it could have urged the Union government to simultaneously restore statehood and set a specific date for elections, as the continuation of J&K as a Union Territory seems unnecessary.
  • Significance of Statehood: Restoration of statehood is crucial for providing federal autonomy, empowering the elected government to better address the electorate’s concerns independent of the Union government’s representatives.
Conflict-Prone Region and Voting Behavior:
  • Historical Context: J&K, historically marred by conflict, faces challenges stemming from the integration into the Indian Union and grievances over democratic processes.
  • Changing Dynamics: While earlier elections witnessed limited participation, the early-mid 2000s saw increased electoral engagement, reflecting citizens’ attempts to address concerns through democratic processes.
Local Level Elections:
  • Recent Trends: Over the past five and a half years, local government elections displayed varying levels of participation, signaling discontent with measures implemented since 2018.
  • Importance of Democratic Process: India’s role as a leader in the Global South relies on its robust conduct of formal democratic processes, crucial for conflict resolution in regions like Kashmir.
Why In News

As with elections, the Supreme Court should have provided a clear deadline for the restoration of statehood, ensuring a transparent and accountable process that aligns with the principles of democracy and the rule of law.

MCQs about Democracy in J&K:Urgency for Elections and Statehood Renewal

  1. what critical measure does the Court fail to emphasize despite directing elections in Jammu and Kashmir?
    A. Implementing Governor’s Rule
    B. Restoring statehood to the Union Territory
    C. Expanding President’s Rule
    D. Dissolving the Legislative Assembly
    Correct Answer: B. Restoring statehood to the bifurcated Union Territory
    Explanation: The Court’s failure to press for the restoration of statehood to the bifurcated Union Territory of Jammu and Kashmir.
  2. What is the importance of restoring statehood to Jammu and Kashmir?
    A. To centralize power in the Union government
    B. To ensure a degree of federal autonomy
    C. To dissolve the Legislative Assembly
    D. To delay the democratic process
    Correct Answer: B. To ensure a degree of federal autonomy
    Explanation: Restoring statehood is emphasized in the essay to guarantee a degree of federal autonomy, empowering the elected government to address concerns independently.
  3. What significant change in voting behavior is highlighted in the essay regarding J&K’s democratic processes?
    A. Decreased electoral engagement since the 2000s
    B. Increased separatist influence on elections
    C. Limited participation during the height of militancy
    D. Enhanced electoral participation since the early-mid 2000s
    Correct Answer: D. Enhanced electoral participation since the early-mid 2000s
    Explanation: A positive shift in voting behavior, indicating increased electoral participation in Jammu and Kashmir since the early-mid 2000s.

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