It has been almost two years of abrogation of Article 370 and reorganization of Jammu and Kashmir and it has already started going under political transformation. The abrogation of Article 370 was itself a significant step towards the initiation of the democratic decentralization process. It is a well-known fact that after the constitutional changes and reorganization of the erstwhile State of Jammu-Kashmir, the Union territories of Jammu-Kashmir and Ladakh have been fully integrated into the mainstream of the nation.
Till the application of Article 370, the establishment of Local Self-Governing Institutions was unpredictable and near impossible. It always got delayed by the State Government for reasons better known to them. The Panchayat election was not conducted on time for long periods. But now after the abrogation of Article 370, the 73rd& 74th Constitutional Amendment has become applicable in the newly carved Union Territory of Jammu and Kashmir. With this new phase of political decentralization in Jammu and Kashmir. A constitutional status has been given to local self-governments in Rural & Urban areas. All provisions relating to Panchayats and local self-governments are now fully applicable. Panchayats are now getting direct funding. Now people are deciding their own developmental priorities. The recently held DDC elections have actually led to the strengthening of grassroots democracy in Jammu and Kashmir.
Jammu and Kashmir under Article 370 was lagging behind in grass-root democracy. Undoubtedly, Article 370 was an obstacle in the process of democratic decentralization of the state. There was corruption, poverty, terrorism prevailing for decades. There was also a significant lack of socio-economic infrastructure. The so-called special structure acted as an obstacle for outsiders to set up businesses and preventing the state’s political integration with the rest of India. It is a fact that Article 370 and Article 35 did not give anything except separatism, corruption, terrorism, and family rule to Jammu and Kashmir. The ‘mainstream’ political actors in the erstwhile state, had encouraged ineffective, corrupt, and mal-governance, which has hollowed J&K out of any positive aspirations.
The situation with regard to the administration in Jammu and Kashmir until the application of Article 370, was also contributing to the degradation of democratic ethos. There was a lack of strong laws which led to corruption and poor accountability. Because of widespread corruption and unaccountability, much of the funding meant for the welfare and benefits of the poor failed to reach them. Despite massive spending, little impact was seen on the ground. Now after the abrogation of Article 370, all anti-corruption central Laws including Whistle Blower Act will be applicable in Jammu and Kashmir. The Anti-Corruption Bureau has already been established and is working with great achievements. There is now a regular oversight by all central agencies and watchdogs will ensure reduced corruption. Today the transparency and accountability have also increased in administrative functioning. Now a positive change is being observed in the allocation of funds earmarked for the people. Funds are now actually reaching the beneficiaries. There is an apparent control on corruption.
Earlier, the applicability of Central Laws to Jammu and Kashmir (J&K) was limited. No Central Act could be made applicable to J&K except through special procedure. As a result, many laws could not be applied to J&K thereby depriving the local residents of the benefits of these legislations. But now, the situation has changed after the 5th of August 2019. There are almost 106 people-friendly laws and 9 constitutional amendments of the Indian Constitution which are now made applicable in Jammu and Kashmir. Several progressive laws such as the Right to Education, Maintenance & Welfare of Parents & Senior Citizens Act, 2001, National Commission for Minority Act and acts for benefit of Women, Children, Disabled are now been applicable. The application of these laws will help the most vulnerable sections of the population. Jammu and Kashmir was facing a curse of biased elections for decades. Beginning with the first elections which were held to the state’s constituent-cum-legislative assembly in 1951. nobody from the opposition stood in the election and Sheikh Abdullah’s party candidates were returned unchallenged. In the subsequent elections, there were nominal voting in some areas and many candidates used to be elected unopposed. There were many sections like tribals who did not get proper political representation. It was only after the scraping of Article 370 that Gujjars, Bakerwals, and others got political representation through reservation in Regional Parliament seats like in the rest of the country.
