Jammu and Kashmir — the elusive quest for Statehood

On August 5, seven years have passed since the removal of special status (Article 370) for Jammu and Kashmir (J&K) by the Narendra Modi administration. On August 9, the region will also mark seven years without Statehood. The measures were accompanied by a lockdown of dubious legality, with thousands of troops deployed, over 5,000 political leaders detained, and curfews and communications blockades imposed.

There was no visible emergency, and no declaration of one. The Modi administration claimed these actions would lead to a violence-free region conducive to economic growth, but instead, violence persisted and expanded to previously dormant areas. Economically, J&K's per capita income is now 76.6% of the national average, down from 79.9% in 2013-14.

Unemployment closely mirrors national averages, with graduate unemployment reaching 23.9%. The response to the Pahalgam terror attack was peace marches and candlelit demonstrations, offering an opportunity for peacebuilding and Statehood restoration. However, the Union Home Ministry chose a more heavy-handed security response, with the region being the most militarized in J&K's history.

The Union Territory has seen the highest number of Internet and communications shutdowns since 2019. The Modi administration's actions, both in how they were carried out and their impact, were momentous and rarely recognized at the time. The actions constitute a significant violation of India's constitutional principles and constitutional norms.

The Supreme Court's response to these actions has been passive, failing to question the Union's actions or the utility of the measures on moral or pragmatic grounds. The Constitution's limitation on emergency conditions to six months has been violated for seven years in J&K. Despite holding elections, the elected administration has limited powers due to the Lieutenant-Governor's control over administration and police.

The campaign for Statehood has renewed its efforts, emphasizing accountability as civil society seeks reform under an elected administration.