The new bill, which proposes the reorganisation of IIOJK, the Jammu and Kashmir Reorganisation (Amendment) Bill, 2025, introduced by Home Minister Amit Shah on the floor of the Lok Sabha, has once again stirred the hornet nest of a political frenzy. It has been termed as undemocratic and unconstitutional by members of Parliament across the opposition benches, and disappointment and anger have taken root in the minds of the people in IIOJK.
“Through administrative action, the will of the people, as revealed in elections, can be seized.”
Kashmiris have been anticipating the resumption of statehood, which Delhi promised but could not deliver over the years. The restrictiveness toward democracy has been voiced by the central government of India to IIOJK, which, instead of restoring rights, has further curtailed the region through democratic means, thus communicating with people that ideas of democracy will not be tolerated in IIOJK.
The gist of this amendment is a rather worrying aspect; it thereby gives the Lieutenant Governor (LG) the power to oust the Chief Minister and the Ministers after only thirty days of detention, without even a conviction in the courts of law. This implies that a leader elected into office can be recalled out of office without a judicial decision; in effect, this breaks the concept of democratic legitimacy. The amendment does make reappointment after release possible, but it is too late already. The chilling part is that through administrative action, the will of the people, as revealed in elections, can be seized.
This is not only shocking but is also perilous because the possibility of politically based arrest is introduced. The broad authorities, which the LG enjoyed, meant that opposition voices would be readily muzzled under the dubious grounds of opposing the state, and disenfranchised via arbitrary arrests. The fact that the body of IIOJK already resembles a municipal committee, rather than a sovereign legislature, only increases concerns. The little political freedom that was there is being further eroded, and what remains is a sham of democracy.
The people of IIOJK were hoping to have back their statehood, not another crippling of their democratic rights. The fact that the Indian government placed the sword of lifetime dismissal on elected representatives continues to testify that the Indian electoral politics in Kashmir lacks any reasonable meaning under Indian rule. It is not merely an assault on the politicians; it is an assault on the hopes and aspirations of ordinary Kashmiri folks who wanted to take a chance on the process of democracy in the hope of establishing the greatest possible self-determination.
“The little political freedom that was there is being further eroded, and what remains is a sham of democracy.”
Critics maintain that such an amendment is a show of how democratic the state of Jammu and Kashmir can be. The actions of the Indian government are suspect and distrustful since they appear to be deliberately raised to create friction and disharmony. By de-institutionalizing democratic structures, Delhi speaks loudly of its inclination to control rather than consensus, of its urge to command rather than autonomy. Both this obstinate behavior by the BJP leaders has not only pushed Kashmiris deeper into distance, but to a large extent tarnished the international image of India. This amendment only contributes to the flames of the foreign policy failures that the country is already experiencing, as it is facing ostracization in the international arena.
It is noted that the government of the BJP is indulging in such authoritarian acts to avert the contingencies within itself. India is also under economic strain, military embarrassment (Operation Sindoor), and a growing US tariff sanction, as well as Congressional allegations of electoral fraud. In the meantime, people are increasingly angry at unemployment, inflation, and corruption. Rather than controlling these burning issues, the government has opted to raise its grip over the Kashmir region, and posing itself as a victim of terrorism, fanning flames of anti-Kashmiri and anti-Muslim sentiments.
There are far-reaching political repercussions of this amendment. Delhi is intensifying political alienation in Kashmir by depriving the elected representatives of their dignity and authority. The people feel that they can participate in the elections since they have no other way, but the question as to whether the elections are supposed to have any meaning remains unanswered, where leaders can be jailed and removed after being sacked. This may create disillusionment in the democratic processes as such, driving more people toward resistance beyond the political processes.
Furthermore, when most opposition parties look at the issue of Jammu and Kashmir, they fear that it is just a live guinea pig of a bigger evil. Should the BJP manage to normalise such actions in Kashmir, it would be in a position to emulate the same in the rest of India. The shocking thought that any elected officials anywhere in the country could be fired after a brief imprisonment without conviction is quite an appalling thought. It leads to the creation of a police state where the central power overshadows other regions, and so-called democracy is nothing but a catchphrase.
“Delhi speaks loudly of its inclination to control rather than consensus, of its urge to command rather than autonomy.”
The BJP is also experiencing insecurity, as evidenced by its demands that such authoritarian measures be taken. Lacking the capacity to credibly manage financial crises, international opprobrium, and increased domestic discontent, the ruling party appears desperate to reassert control through force as opposed to attaining legitimacy through agreement. By using Kashmir as the laboratory of an undemocratic process, the government is likely to cause permanent damage to the already disillusioned population and cause destabilization to the entire union.
Disclaimer: The opinions expressed in this article are solely those of the author. They do not represent the views, beliefs, or policies of the Stratheia.
