Category: Uncategorized

ABSTRACT

The government and society are very optimistic about the capabilities of Indian youth because they have the best suitable potential that can facilitate the growth and progress of the country. However, both the government and the society should analyze whether the youth are properly developed and and whether they are receiving enough opportunities and facilities from both sides. It is not enough to say that the youth or the young generation is the future of the country; rather, this should become a reality, and it will only become so when the youth would be empowered and strengthened enough.

Surveys and demographic data indicate that over 50% of Indian youth are under 25, 30% are between the ages of 10 and 25, and an estimated 40% are between the ages of 16 and 30. Given this high proportion, youth participation in the country’s development cannot be ignored. And the government starts to place a great premium on the initial growth of the youth.

Key Words: Indian Youth , Progress , Generation , Opportunities , Surveys 

INTRODUCTION

Indian youth can be divided into two broad divisions or groups: One set of young people is educated and developed, while the other is illiterate and underdeveloped. Numerous social, political, and economic problems plague our nation as a whole as well as our society, and these problems have had a significant impact on the lives of Indian children. We cannot overlook the problems that young people face if we think that they are the ones who will ultimately determine the direction of the nation.

In fact, dismissing their concerns just serves to exacerbate existing problems rather than finding solutions. Furthermore, we cannot hold the developed youth entirely accountable for the development of the nation while ignoring the underdeveloped youth. Therefore, it is imperative to pay attention to both youthful segments and see the irony that Neither one of them—rather, both—is currently dealing with a number of issue that are impeding their own development.

The different issues that Indian youth are currently dealing with are as follows:

TECHNIQUES

The study’s foundation is based on secondary data sources. The information was gathered from a variety of sources, including academic publications, websites, research papers, magazines, daily newspapers, and other educational text books.

OBJECTIVE OF THE STUDY

1.To comprehend the notion of youth;

2. To comprehend the issues facing young people;

3. To be familiar with the National Youth Policy

CONCEPT OF YOUTH

Youth is ideally conceptualized as a period when individuals transition from the dependence of childhood to the independence of adulthood. For this reason, compared to other set age groupings, youth is a more fluid category. However, since “youth” is typically defined as a person between the ages of leaving compulsory education and starting their first work, age is the most straightforward method to categorize this group, especially in terms of education and employment.

Youth refers to a person’s formative years. The term “youth” can also refer to a person’s prime in terms of health or the stage of life known as being a young adult. It can also refer to the transitional phase between childhood and adulthood (maturity). “The appearance, freshness, vigor, spirit, etc., characteristic of one, who is young” is another definition of youth.

The concept of youth varies, as it is not a stage that can be chronologically assigned to particular age ranges or associated with particular actions like engaging in sexual relations or unpaid labor. A person’s degree of dependency can be shaped by their experiences as a young person in a variety of ways depending on their cultural background. The degree to which a young person still depends emotionally and financially on their family is known as their level of dependency, whereas personal experience is defined by an individual’s cultural standards or traditions.

PROBLEMS OF EDUCATED INDIAN YOUTH

• Jobs: The absence of better jobs, particularly in the public sectors, is the main issue our youth is facing. An enormous number of young people graduate each year, but there are relatively few employment available. The majority of young people wish to work for the government since positions in the public sector offer higher benefits, status, and privileges. The jobs that are accessible in the public sector also require years of work experience, come with a lot of competition, and are highly high profile positions. Only a post graduate student or a Ph.D. scholar or an experienced person can aspire to grab those jobs, and thus graduates have to look into the private sector which is even though full of jobs but also invite with many other issues.

• Corruption: corruption has sucked up all of humanity’s moral principles and has had a particularly negative impact on young people by sabotaging their chances for advancement. One can purchase opportunities, resources, employment, power, advancement, and even education by bribing certain dishonest administrators, bureaucrats, or police officers.

• Studies-related issues: Many young people in India would prefer to become independent after graduating from college rather than continue their studies because higher education is still highly difficult to access, complicated, and time-consuming. Few young people desire to pursue higher education and research, especially those who are extremely patient and aim to land the most prominent professions after graduating.

• Growing Competition: In the public sector, the level of competition is rising daily, with a greater emphasis on elimination through competitive exams rather than selection. Many young people are removed from competitive tests, such as NET/JRF, UPSC, SSC, or IT exams, and only a small percentage of them are accepted. This causes a great deal of frustration, despair, and sadness among the youth. In addition, reservations problems arise in addition to the previously mentioned problems since applicants under the general category experience greater insecurity than those under the reserved category.

• Mental Pressure: The stress of landing a decent job, committing to a long-term profession, and not having enough possibilities elsewhere causes young people to feel uneasy and confused about their own development and achievement.

• Absence of Opportunities: In the Indian context, extracurricular activities have less emphasis and weight than education. It’s commonly believed that school is the sole path to a fulfilling profession, but today’s children are multifaceted and have a variety of goals.

• While education is an essential component that cannot be disregarded, selecting a job path based on a person’s intense passion for something like athletics, dance, writing, singing, painting, etc. is also acceptable. And that’s where the youth lack opportunities lie. Our government offers a plethora of educational options, but those streams still require a great deal of growth before individuals, parents, and families can see any kind of permanence in them.

PROBLEMS OF ILLITERATE INDIAN YOUTH

• Juvenile Crimes: Young people are reported to be involved in crimes due to illiteracy, particularly little children under the age of fifteen who steal, bluff, pillage, and occasionally even commit murder.

• Drug Addiction: Illiterate and underdeveloped youth are most likely to experience drug and/or substance abuse and addiction; they begin smoking and consuming alcohol at a very young age. The parents do not feel guilty or reprimand their children for hanging out with bad company or engaging in unethical activities since they are illiterate themselves and have no one to stop them or provide guidance.

• Beggary: Due to their lack of education, lack of employment opportunities, and lack of self-respect, the majority of illiterate individuals resort to the straightforward means of begging in order to break the cycle of poverty. India has seen a rise in beggarly in recent years.

• Poverty: For young people who are illiterate, poverty is a vicious cycle that starts with a lack of education, ends with unemployment, involves immoral behavior, and then returns.

• Trodden Lives: The lives of underdeveloped and illiterate kids are utterly chaotic; there is no advancement or improvement, and as a result, everything in their lives appears to be a burden. Given the extreme poverty and lack of a defined lifestyle, how is it possible to expect this segment of the youth to contribute to the nation’s development?

PROBLEMS FACED BY INDIA’S YOUTH AFTER THE COVID-19 PANDEMIC

The COVID-19 pandemic has affected human society globally in many ways, including financial, physical, emotional, and psychological ones. It has not only been limited to health problems brought on by the coronavirus. The suffering brought on by the pandemic has never ended. India is hardly an exception either. People are becoming more cautious as the new Covid-19 variation XBB.1.5 has begun to spread, but they are also becoming anxious about the possibility of another lockdown and its potential repercussions.

The pandemic has affected everyone in the world, from newborns to 95-year-olds, in some way, but it has particularly affected India’s youth. The CSR Journal examines the issues that India’s youth encountered during COVID-19 and in 2023 on National Youth Day.

• Reduced salary and job loss: The nationwide lockdown significantly impacted the labor market, resulting in job losses, salary cuts, halted wage increases, and the closure of many small and medium-sized businesses. “There is uncertainty in the post-pandemic era when it comes to jobs and business. India is the birthplace of millennials, but a significant portion of the younger generation is now risk hesitant due to the pandemic, according to freelance writer Sreeparna Zamindar, who is based in Chennai.

• Reduced disposable income: “Young people now have less discretionary income as a result of high inflation. If you look over the past few years, you’ll notice that prices have increased significantly for everything from food to gasoline, from restaurant menus to beauty salon bills, to fresh produce and groceries. Because our wage hasn’t increased as much, goods and services have grown so expensive that we now don’t have much money left over after paying our taxes and other monthly bills,” said Avirupa Jha, a banker in Mumbai.

• Adjustment concerns following WFH: During the 2020 lockdown, work from home (WFH) became the new normal, and some organizations continue to this day to have staff working from home either permanently or in a hybrid manner. Those who have become accustomed to working from home, taking public transportation to and from work every day, and spending a set amount of time sitting at an office, on the other hand, are finding it difficult to change.

• Increasing crime rates: Many people in our community today work in professions that they did not practice before to the lockdown. Many of us have seen examples of former engineers becoming interior designers, teachers becoming stay-at-home bakers, journalists becoming online clothing sellers, graphic designers becoming grocery delivery drivers, and many impoverished female students from urban slums quitting school to work as domestic helpers and other part-time jobs. Not everyone who lost their job, though, was able to find another one. Soon after the initial wave of Covid-19, unemployment from lockdown and lack of access to other sources of revenue caused crime rates around the nation to skyrocket. “When it comes to young people, we’ve witnessed an increase in criminality as well as mental health problems brought on by social insecurity and unemployment. Many people have had symptoms including memory loss, recurrent hair loss, and other issues related to post-COVID sequelae, sometimes referred to as protracted COVID,” noted scientist Dr. Pritha Ghosh, who is based in Bengaluru.

• Increased screen time and exposure to violent content: individuals’s screen time skyrocketed during the lockdown as a result of working from home, digital education, and watching TV and OTT. This unexpectedly increased risk of eye disorders struck individuals of all ages in India. The gender gap is a hindrance to digital learning. The transition to digital or online learning for kids and teens came with a lot of drawbacks. During or after the pandemic’s early stages, many low-income students—particularly female students—were forced to drop out of school because they lacked access to the digital tools needed for online learning.

• Weight gain, Addiction, Mental Health, Hormonal concerns: Karishma Shah, a Mumbai-based Integrative Nutritionist and Health Coach, discusses the concerns that young people are facing with addiction, mental health, and hormones both during and after the pandemic. “There has undoubtedly been an increase in mental health issues among the youths since we struck because their mobility was restricted and they were unable to go out and meet their friends and family,” Karishma stated. Numerous problems with both physical and mental health resulted from this isolation.”

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NATIONAL YOUTH POLICY

India’s future development path is contingent upon its ability to foster and allocate resources towards its youth, while other nations struggle with ageing populations. The Ministry of Youth Affairs and Sports of the Government of India created the NYP 2021 in response to this, outlining a 10-year plan for youth development by 2030.

The National Youth Policy’s progression throughout history:

1. NYP 1988: Though it lacked specifics, the first NYP was drafted in 1988 with the intention of tackling challenges related to youth development.

2. NYP 2003: In 2003, the NYP was revised with a focus on gender equity, morality-oriented ideals, and patriotism. But it was devoid of detailed action plans.

3. NYP 2014: A more targeted revision to the strategy was made in 2014, identifying the youth age group as those between the ages of 15 and 29. It was criticized for lacking comprehensive strategies, while having well defined objectives and priority action areas.

4. NYP 2021: Drafted in 2021, this version adopts a comprehensive strategy that is in line with the UNSDGs. Although it covers a wide range of topics, implementation issues were found.

SIGNIFICANCE OF THE NYP

• Youth Empowerment: The NYP wants to give young people the tools they need to actively contribute to determining the course of the country, acknowledging them as a crucial demographic. The policy leverages the potential of youth as a dynamic and lively force by emphasizing their development.

• Prospects for Future Development: Every iteration of the NYP improves on the one before it, adjusting to the demands of the times. The policy’s forward-thinking strategy aids in preparing India’s youth for the future and gives them the opportunity to support the growth and development of their country.

• Alignment with Global Goals: The NYP 2021 reflects India’s commitment to international development goals by being in line with the Sustainable Development Goals (SDGs) of the United Nations.

• Holistic Development: The NYP 2021 covers a range of topics related to youth development, including social welfare, education, health, and skill development. This all-encompassing strategy guarantees that the young people have chances and support that are well-rounded.

• Promoting Inclusivity: The policy acknowledges the varied backgrounds and difficulties that young people, particularly those from socially and economically disadvantaged origins, encounter. The NYP aims to give all young people equal chances by emphasizing inclusivity.

• Policy Evolution: The NYP changes with each iteration to address new problems and take into account suggestions from earlier versions. The government’s youth-related activities are kept current and productive by this ongoing improvement.

• Social cohesiveness: The NYP encourages social cohesiveness among young people by fostering ideals of integrity, solidarity, and respect for many faiths and cultures. This contributes to a harmonious and cohesive society

CONCLUSION

The elements listed above unquestionably demonstrate that education is the key to understanding this entire phenomenon. And in order for India to realize its goal of being a developed nation, each and every young person needs to pursue an education. In fact, the government needs to make this its top priority and make a commitment to eliminating illiteracy from the country.

In addition, the government should give the concerns of the underdeveloped youth substantial attention and priority since they are the ones who most need it. In actuality, the educated youth can assist the government in this enormous undertaking; also, by volunteering for various programs and tactics, they can contribute to the uplift of the underdeveloped youth. The country’s development process can only occur in an equilibrium condition, and this equilibrium can only be reached when youth issues are better and appropriately addressed.

 REFERENCES 

1. “India’s population growth will come to an end: the number of children has already peaked”. Our World in Data. Retrieved 2021-05-28.

2. “United Nations Statistics Division – Demographic and Social Statistics”.

3. “World Population Prospects 2022”. https://population.un.org/wpp/ United Nations Department of Economic and Social Affairs, Population Division. Retrieved July 17, 2022.

4. “World Population Prospects 2022: Demographic indicators by region, subregion and country, annually for 1950-2100” (XSLX). population.un.org (“Total Population, as of 1 July (thousands)”). United Nations Department of Economic and Social Affairs, Population Division. Retrieved July 17, 2022.

5. Balhara YP, Bhargava R, Chadda R. Service development for behavioural addictions: AIIMS experience Ann Natl Acad Med Sci (India). 2017;53:130-8

6. Basu, Kaushik (25 July 2007). “India’s demographic dividend”. BBC News. Retrieved 24 September 2011.

7. Bose, A.B. (1992). “The Disadvantaged Urban Child in India”. Innocenti Occasional Papers, Urban Child Series. Retrieved February 20, 2012.

8. Chatterjee, A. (1992). “India: The forgotten children of the cities”. Florence, Italy: Unicef. Retrieved February 20, 2012.

9. Christensen H, Reynolds CF 3rd, Cuijpers P. Protecting youth mental health, protecting our future World Psychiatry. 2017;16:327-8

Introduction

LGBTQ+ is a term which stands for lesbian, gay, bisexual, transgender, and queer community. LGBTQ+ represents a spectrum of gender identities and sexual orientations beyond just male and female, acknowledging non-binary, genderqueer, and other identities. LGBTQ people perceive different gender identities, which must be respected and appreciated for an inclusive society.

The ‘+’ in LGBTQ+ represents people who are part of the community apart from the people who are LGBTQ. The term LGBT was first used in June 1969 during the Stonewall riots but it became famous in late 20^th century. Earlier, this community was unrecognised but after many initiatives by this community, such as Stonewall riots, LGBTQ+ Movement, pride movement and others, this term became famous worldwide. People all over the world understood about other identities which were different from male and female. Various people started recognising and accepting their identity. This helped in engaging a greater number of people in this movement, making this movement famous worldwide.

The symbol of this movement is a rainbow flag. The members of LGBTQ+ are still fighting for the recognition of their rights.

What does each letter in LGBTQ mean?

• L: (lesbian) – a lesbian is a woman who is sexually, emotionally, and romantically attracted to Other women.
• G: ( gay) – a gay is a man who is sexually, emotionally, and romantically attracted to Other men.
• B: (bisexual) – a bisexual is a person who is attracted sexually, emotionally and romantically to more than one gender.
• T :(transgender) – a person whose gender identity differs from the sex they were assigned at birth.
• Q ( queer ) – queer is an umbrella term used for people who are exploring their sexual orientation or gender identity.

Terminologies: gender identity, sexual orientation, and sex

Gender identity is a person’s deeply felt a sense of being a male or a female. It may expand from the categories of man and woman. It may or may not be similar to the sex assigned at birth.

Sexual orientation refers to a person’s emotional, sexual, and romantic feeling with person of same or different sexes. Like, Asexual people experience little or no sexual orientation.

 Sex is a biological term, which means that a person’s gender is assigned through their genital at birth.

Traditional/stereotype belief

The traditional system of India considers only two gender-male and female. Earlier there was no recognition of other gender. After various movements, India recognised transgender. In 2014, the Supreme Court gave the transgender community the right to be called the third gender in the NALSA judgement. However, still the society feels threatened. If any gender does not follow the established behaviours set by the society based on their gender, it harms the morals of the society.

For example, the basic mindset of society is – women are always considered submissive, doing household chores. Men are considered as assertive, bossy, and breadwinner of the family. The people who differ from the binary spectrum of expected gender behaviour remained largely invisible and unrecognised because of the fear of stereotypical mindset of the society and lack of information.

Rights of LGBTQ+

LGBTQ+ community is subject to the same laws and orders as well as enjoy the same rights as other citizens of the country. However, in real life they face discrimination and violence by the people for just being who they are. They are not allowed to live a dignified life. Healthcare services are often not provided to them.

They are often disregarded in the society. International human right laws recognise the rights of the LGBTQ people and takes various measures in safeguarding their rights. Yet, many countries laws are against the LGBTQ people and still hasn’t recognised this community. 60 countries criminalise same sex relationships. India is one of those countries which is against the same sex marriage. However, India has decriminalised Article 377, which criminalised homosexuality between consenting adults in the year 2018 as it was against the principle of equality, liberty, dignity under Article 14, 19 and 21.

Section 377

Section 377 of the IPC says that “whoever voluntarily has intercourse against the order of nature, with any man, woman, or animal, shall be punished with imprisonment for life, or with imprisonment, which may extend to 10 years with fine.”

This section was established by the Britishers in the year 1861, which was effective in India even after independence, which criminalised consensual homosexuality between the two adults.

In the year 2016, Navtej Singh Johar filed a writ petition to the Supreme Court of India challenging the constitutionality of section 377.

Moreover, under article 21, the petition also demanded recognition of the right to sexuality, sexual autonomy and the right to choose sexual partner of their own choice guaranteed by the Constitution. The petitioner demanded the recognition of all sexual orientation.

Judgement

The judgment was delivered by a five-judge bench. They accepted the fact that Article 377 violated the rights of LGBTQ community and also observed that section 377 promoted discrimination on the basis of different sexual identity. Considering the supremacy of the fundamental rights- Article 14(right to equality), Article 15 (abolition of discrimination), Article 19 (right to freedom) and Article 21(right to life and liberty). The judges unanimously held section 377 to be unconstitutional. However, the court clarified that consent must be free, voluntary and devoid of any force or coercion.

Views of Supreme Court on same marriage

The Supreme Court upholds the constitutionality of Special Marriage Act.

The judgement was delivered on October 2023 by 5 sitting judge of Supreme Court.

The Supreme Court followed the majority views. It was held that non-heterosexual couples cannot claim the right to marry each other because there is no fundamental right that allows same sex marriage. Out of five, two judges, namely chief Justice DY Chandrachud and chief Justice Sanjay Kishan supported the same sex marriage rule for establishing an inclusive society and upholding Article 15.

However, the majority views of justices held that there is no legal provision to recognise and grant legal status to non-heterosexual relationships. It was in the realm of the legislature to amend or improve the Special Marriage Act of 1954 to bring same sex marriage in India.

Introduction

To protect our environment, the supreme law of the land known as the Constitution has several legislative enactments to conserve our degrading environment. Due to rapid increase in the population of a country, natural resources are declining at an alarming rate. The makers of the Constitution felt the necessity of adding environment protection laws in the middle of 20th century.

The principle of sustainable development, consisting of 17 goals, has also been adopted which needs to be achieved for providing the basic needs to our future generation without compromising our present needs.

Major Changes in the Field of Environmental Law

The major changes in the environment started Mainly after the industrial revolution. Therefore, there are very few or null number of laws made for the environment before the industrial revolution. The first concern about the changes in the environment was started in 1974 by a Stockholm conference. It was the first conference which talked about preserving our environment and demanded to pass several environment protection duties for its member countries. India was also a member country of the Stockholm conference.

After the Stockholm conference, India passed several Acts for conserving the environment.

1. The water (prevention and control of pollution) Act, 1974.
2. The air (prevention and control of pollution) Act, 1981.
3. The environment (protection) Act,1986.
4. The wildlife (protection) Act, 1972.
5. The national Green Tribunal Act,2010.

Constitution law For Protection of Environment

Some basic constitutional laws along with these acts which work for the protection and enhancement of environment are:

1)  Article 47 of the Directive Principles of State Policy (DPSP) which provides for the protection and improvement of environment.

2) Article 48A of the Directive Principles of State Policy (DPSP) Having the same objective as Article 47.

3)Article 51(A)(g) of the fundamental Duties provides that it is the fundamental duty of every citizen to protect and improve natural environment.

Major Concern and Landmark Case Laws Regarding Environmental law

The major concern of today’s date is that despite having numerous Acts and laws is our environment really protected?

The answer is of course No. Our environment is not protected. Although these legislatures’ main objective is to provide a wholesome solution to environment issue but it has been observed that lack of proper legislation has failed in fulfilling its objectives. Case laws reflect the inability of the government of India, both at the Centre and the state level. The loopholes in the system of our country is leading to degradation of the environment.

M.C. Mehta V. Union of India (Ganga pollution case)

I would like to highlight my point about the lack of implementation of rules using a relevant case law – M.C. Mehta V. Union of India (Ganga pollution case) Supreme Court of India

M.C. Mehta filed a writ petition to prevent the leather tanneries of Kanpur from disposing of the domestic and industrial waste and influence in the Ganga River, Without treatment. The court stated the importance of the water (prevention and control of pollution) Act,1974.

This act was passed to prevent and control water pollution and maintain water quality. This act established central and state boards and conferred them with power and functions relating to the control and prevention of water pollution. It was noted that the leather industry is one of the significant industries beside paper and textile consuming large quantities of water. Most of the water use is discharged as waste water. The waste water contains toxic substances that deplete the oxygen content of the clean water in which they are discharged. The result is the death of the aquatic animals. The court held that despite provisions in the water act, no effective steps were taken by the state board to prevent the discharge of effluents into the river Ganga. Also, despite the provisions in the environment protection act, no effective step was taken by the central government to prevent the public nuisance caused by the tanneries in Kanpur.

Taj Trapezium case

Another major case law which could be highlighted here is the Taj Trapezium case filed by M.C. Mehta again. He is a legal practitioner by profession but an environmentalist by hobby. He visited the Taj Mahal and observed that its white marble was turning yellow. So, he filed an PIL in Supreme court regarding this problem because he knew that this had been caused by pollution. The taj trapezium zone is a zone of more than 10,000sq.km which is made to protect the Taj Mahal from pollution. The emission of pollutant gases like sulphur dioxide mixes together with oxygen and causes Acid rain over the Taj Mahal. This caused the limestone of the Taj Mahal to turn yellow. Taj Mahal is one of the seven wonders of the Earth but the pollutants emitted from the industries in the nearby areas had degraded even this.

M.C. Mehta V. Kamal Nath

The growth of industrialisation can be regarded as the major issue for the cause of pollution. The industrial owners try to deceive the laws made by the constitution by their money. In the case of M.C. Mehta V. Kamal Nath, Kamal Nath was the minster of environment and forest of Himachal Pradesh. He granted a lease deed of forest land to the Motel company for the construction of a hotel. This shows the loopholes in the implementation of the legal laws by the ministers of India for the safety of the environment. However, the independent judiciary applied the doctrine of public trust which means that certain Common properties such as rivers, seashore, forests and the air were held by Government in trusteeship for the free and unimpeded use of the general public. Public Trust Doctrine primarily rests on the principle that certain resources like air sea, water and the forests have such a great importance to the people as a whole and it would be unjustified to make them a subject of private ownership. Therefore, the lease deed was declared invalid by the court.

Conclusion

The Supreme Court of India has played a crucial role in holding accountable those who prioritize profit over environmental protection. However, It’s just the loopholes between the legislative and executive because of which the rivers are still choked, the air is still polluted, the wildlife is still at risk. These environmental issues of the contemporary era if remain untreated would end the human race along with the death of the environment. Therefore, proper legislative enactment as well as proper implementation of the laws sand mass public awareness is foremost needed for the protection of our mother Earth.

Historical Background

India attained independence on August 15, 1947. At that time, over 550 princely states, along with almost all of the states within the present-day territory of India, acceded to India, except for some states, including the province of Jammu and Kashmir. The Hindu ruler of the province, Maharaja Hari Singh, decided to remain independent, and therefore, the merger of the province with India was delayed.

On October 26, 1947, due to acts of aggression by Pakistani tribes, the Instrument of Accession (which was introduced in the Government of India Act, 1935, wherein a ruler of a princely state could accede his kingdom into the ‘Federation of India’) of the state of Jammu & Kashmir to the Dominion of India was signed by Maharaja Hari Singh. Sheikh Mohammed Abdullah was appointed by Maharaja Hari Singh as the Prime Minister of the interim government of the state on March 5, 1948, and later, peace was established in the state due to the intervention of the United Nations, which mediated a ceasefire agreement that went into effect on December 31, 1948.

Article 370 – Introduction

The accession of the state of Jammu & Kashmir came with some special provisions granted to the state by the Constitution of India, which were described under Article 370 (originally numbered Article 306A in the original draft of the Constitution of India). Jammu & Kashmir was administered by India as a state from 1952 to October 31, 2019, and was conferred the special provisions of having a separate constitution, a state flag, and autonomy of internal administration under Article 370. Other salient features of the article included its separate Criminal code, i.e., the Ranbir Penal Code, a term period of 6 years of the legislative council instead of 5 years like that of other states, and the power of determining residents of the state and ownership of property. Additionally, there was no right for the Central Government to declare a financial emergency in the state.

Part XXI of the Indian Constitution, which contains Article 370, was titled “Temporary, Transitional, and Special Provisions,” and the state’s constituent assembly was given the power to amend or abrogate Article 370 altogether, in which case the whole Indian Constitution would apply to the state.

Article 370 exempted the state from the complete applicability of the Indian Constitution and cannot be compelled to follow it. It had the power to create its constitution, limited the legislative powers of the Central Government to only 3 subjects (at the time of framing), namely defence, foreign affairs, and communications, and provided that the other constitutional powers of the Central Government could only be extended to the state with the ‘Concurrence’ of the State Government.

Various Presidential Orders

In July 1952, following an agreement between the former Prime Minister of India, Jawaharlal Nehru, and Sheikh Abdullah, who was the Prime Minister of Jammu and Kashmir at that time, a demand was made for the state to regulate the rights and privileges of its permanent residents and for Indian citizenship to be made applicable to the “Permanent Residents”. On May 14, 1954, when the Presidential Order of 1954 also known as The Constitution (Application to Jammu and Kashmir) Order, 1954 came into force, Article 35A was added to the Constitution of India. This granted special rights to the state of Jammu & Kashmir, including the rights and privileges of residency. Residents who had legally acquired immovable property before May 14 or had been living in the state for not less than 10 years were considered permanent residents. The state was given the power to restrict settlement and acquisition of immovable property by non-residents of the state, effectively minimizing outside activities in the state. These rights and privileges were later formulated in the Constitution of the State of Jammu & Kashmir in 1956. Further provisions added in the Order included the extension of Fundamental Rights, Jurisdiction of the Supreme Court in the state, and the power of the Central Government to declare a National Emergency in any event of foreign aggression. The power to take action in case of internal disturbance was to be enforced only with the approval of the State Government. Article 370 prohibits citizens from other states to buy property in Jammu & Kashmir, and the Central Government has no power to declare a financial emergency in the state. However, amendments can be made by the Central Government with the approval of the state government.

From 1955 to 2018, several more Presidential orders were issued, making various provisions of the Constitution valid in the state of Jammu and Kashmir. Since the Constituent Assembly ceased to exist after January 26, 1957, when a resolution was passed by the Representatives of Kashmir in 1956, all these orders were made applicable with the approval of the State Government, and some were passed when the state was under Presidential Rule.

In 1972, Mohd Maqbool Damnoo filed a petition challenging the constitutionality of interpreting and replacing the position of Sadar-i-Riyasat with the Governor of the state. The Supreme Court ruled in his favor and held that the Governor is the successor to that position and will be able to give concurrence of the state to any amendment under Article 370 if there is no Legislative Council in session.

Despite being initially titled “temporary” under Part XXI of the Indian Constitution, Article 370 was declared “special” by the addition of that word to the title of Part XXI in 1962. Since then, it has been declared as not a temporary provision by the Supreme Court in various cases.

Abrogation of Article 370

On August 5, 2019, Article 370 ceased to exist. All clauses related to the article, along with the important provision related to it, Article 35A, were revoked with immediate effect by the President of India after a resolution was passed in the Parliament of India brought up by the Home Minister of India, Mr Amit Shah. The resolution was passed in both Houses of Parliament with a vast majority: 67% (125 out of 186 votes) and 82% (351 out of 423 votes) in favor of the Rajya Sabha and Lok Sabha, respectively. The prevailing Presidential order of 1954 was overridden, and all the provisions granted to the State of Jammu & Kashmir were nullified, including the Special Status given to the state. The order of revocation of Article 370 and all the provisions applied to the state was issued by the President of India with the concurrence of the Governor of Jammu & Kashmir, as there was no Legislative Assembly in session, and the state was under President’s Rule. However, in the process of abrogating Article 370, the concurrence of the Constituent Assembly of the state was required, but it was already dissolved on Jan 25th, 1957, without any recommendation of the dissolving of the article. Due to this fact, in the 2017 case of SBI vs. Santosh Gupta, the Supreme Court held that there is a limitation period of 5 years mentioned for Article 369 (also a temporary provision), but no such limitation period is mentioned for Article 370. Therefore, it will continue until ordered to be revoked by the President of India with the recommendation from the State’s Constituent Assembly (already dissolved). In the 2018 case of Kumari Vijayalakshmi Jha vs. UOI, the Supreme Court stated that Article 370 is permanent in nature and not a temporary provision and thus cannot be abrogated.

Therefore, the Government of India, through its power under Article 370(1), amended Article 367, which is the interpretation clause of the Constitution, and interpreted the reference of “State Government of Jammu and Kashmir” to the “Governor of Jammu and Kashmir,” and the reference of “Constituent Assembly” of the state to the “Current Legislative Assembly,” so that the Central Government could receive concurrence from the Governor, as the Legislative Assembly was in suspension, for abolishing Article 370.

J&K Reorganization Act, 2019

After the abrogation of Article 370, on the same day, August 5, 2019, the Government of India (Home Minister Mr. Amit Shah) introduced the J&K Reorganization Act in the Rajya Sabha. The act contained provisions regarding the reconstitution of the state of Jammu & Kashmir into two different union territories: Jammu and Kashmir, and Ladakh. It was passed in the Rajya Sabha on the same day by the voice vote method, in the Lok Sabha the next day (371 votes in favor and 70 votes against), and received the President’s assent three days later on August 9th, and it came into effect on October 31st, 2019.

The Reorganization Bill stated that the Union Territory of Jammu & Kashmir will have a Legislature, but the Union Territory of Ladakh, which will include Kargil and Leh, will be without a Legislature. Both the UTs will be administered by the President through an administrator which will be known as the Lieutenant Governor of the UTs.

The Legislative Assembly of the Union Territory (UT) of Jammu & Kashmir comprises 107 seats, of which 24 seats will remain vacant due to areas of Pakistan-occupied Kashmir (PoK). The Lieutenant Governor can nominate two members to give representation to women if their number is scarce in the assembly. The reservation for the Scheduled Castes and Scheduled Tribes is to be made in proportion to their population in the UT. The term of the Assembly has been changed to 5 years, like the rest of the States and UTs in the country, instead of the previous 6 years. The UT will have a Council of Ministers comprising not more than 10% of the total number of members in the Assembly. The Legislative Council of the state of Jammu & Kashmir has been abolished.

In terms of representation in the Parliament, the Union Territory of Jammu & Kashmir has 5 seats in Lok Sabha and 4 seats in Rajya Sabha, while the Union Territory of Ladakh has 1 seat in Lok Sabha and no representation in Rajya Sabha.

The Assembly of Jammu & Kashmir has been given the power to make laws for the union territory. However, in case of any inconsistency between the laws made by the Parliament and the laws made by the State’s Assembly, the laws made by the former will prevail, and the laws made by the Assembly will be void.

The High Court of Jammu & Kashmir will act as the common High Court for both the UTs of Ladakh and Jammu and Kashmir.

A total of 153 state laws were repealed after the Revocation of Article 370. Restrictions on the purchase and transfer of property by non-residents of Jammu & Kashmir were also removed. 106 laws of the Central list will now be applicable in Jammu & Kashmir, including the Right to Education Act, Amendments to Hindu Succession Act, Right to Information Act, and many more. The reservation for Scheduled Castes and Scheduled Tribes will be applicable for the first time in Jammu and Kashmir. The residents of Jammu & Kashmir can now have access to various beneficiary schemes of the Central Government, such as the scholarship scheme, which will speed up the progress of the region.

Reactions – National and International

There are mixed views on the abrogation of Article 370 and the enactment of the Jammu & Kashmir Reorganisation Act. India has received heavy criticism worldwide due to this. Many representatives of various countries condemned this action taken by the Indian Government, especially China and Pakistan. In the country, many national political parties supported the move, but various domestic parties of Jammu & Kashmir allied to show their resolve and defend the special status of the state. The Central Government had already mobilized thousands of military troops in the region before passing the resolution of abrogation and introduction of the reorganization act to maintain peace. However, many riots took place in the state, and many regions were placed under lockdown, and Section 144 curfews were imposed. More than 4,000 protestors were reported to have been arrested by August 18th to prevent outbreaks of violence, and many leaders of the state, including former Chief Minister Mehbooba Mufti and Omar Abdullah, were placed under preventive detention (house arrest). There was a total communication blackout, with no internet and telephone connectivity for months in the region to maintain peace.

These restrictions in the regions were later slowly removed when the chance of violent outbreaks was eliminated. Restrictions in the Kashmir valley lasted longer than in the areas of Jammu. High-speed internet connectivity was restored after 18 months in the region.

Conclusion

Article 370 was introduced to grant special status to Jammu & Kashmir, but it was always intended to be a temporary provision in the Constitution. Unfortunately, it also hindered the state’s overall development in various sectors and created a sense that it was not completely part of India. Despite the riots that occurred after its revocation, it was necessary as Jammu & Kashmir has long been in dispute with Pakistan, and it once again proved that the state is an integral part of India. With the revocation, all laws and schemes of the central government that apply to the rest of the country will now be applicable in Jammu & Kashmir, boosting the region’s development. As a result of the revocation, the state was reorganized into two union territories: Jammu & Kashmir and Ladakh.