"Separatism and Militancy in Jammu & Kashmir: Government Actions, Pre- and Post-Abrogation Status of Articles 370 and 35A" — UPSC Mains 2026 GS3
A complete, examiner-standard 250-word model answer for the UPSC Mains 2026 GS Paper 3 question on J&K mainstreaming — with a before-and-after constitutional table, official security and development data, the December 2023 Supreme Court verdict, and static core content.
UPSC Mains 2026 GS Paper 3 asked a three-part question on government actions to mainstream J&K, the pre- and post-abrogation constitutional position, and the impacts of abrogation. Below is a full model answer with a static-portion refresher.
"Separatist movements have been one of the major factors contributing to militancy and instability in Jammu & Kashmir (J&K). Bring out actions taken by the Government to bring J&K into national mainstream. Discuss pre and post abrogation status of Articles 370 and 35A. Also bring out positive impacts of abrogation of both articles in mainstreaming the state." (250 words)
Model Answer
Introduction
Separatism in J&K has been sustained by three reinforcing elements — cross-border sponsorship, a terror-financing network, and an ideological infrastructure of hurriyat organisations and over-ground workers. Government strategy since 2019 has accordingly operated on all three simultaneously rather than on the security track alone.
Part I: Government Actions to Mainstream J&K
- Security and counter-terror — sustained counter-infiltration grid along the LoC, ceasefire understanding of February 2021, intelligence-led operations, and the National Investigation Agency's cases against terror-funding networks.
- Financial disruption — action under the Unlawful Activities (Prevention) Act and the Prevention of Money Laundering Act against hawala channels; several separatist organisations declared unlawful associations; attachment of properties linked to terror funding.
- Political and democratic — District Development Council elections (2020) creating a three-tier panchayati raj structure for the first time; delimitation under the Delimitation Commission chaired by Justice Ranjana Prakash Desai (order of May 2022) raising assembly seats to 90; Assembly elections held in 2024 with turnout of roughly 63-64%, producing an elected government.
- Developmental — the Prime Minister's Development Package; industrial development scheme for new investment; infrastructure including the Chenab bridge, Udhampur-Srinagar-Baramulla rail link, Zojila and Banihal tunnels; J&K Startup Policy 2024-27.
Part II: Articles 370 and 35A — Before and After
| Dimension | Pre-Abrogation (before 5 August 2019) | Post-Abrogation |
|---|---|---|
| Constitutional status | Article 370 gave J&K special status; most central laws applied only with state concurrence; the state had its own Constitution and flag | The entire Constitution of India extended to J&K through Constitutional Orders 272 and 273; the state Constitution ceased to operate |
| Article 35A | Inserted by Presidential Order, 1954; empowered the state to define "permanent residents" and reserve land, jobs and scholarships for them; excluded from challenge on fundamental-rights grounds | Ceased to operate; permanent-resident restrictions removed; residents of other states may acquire property and apply for state jobs |
| Territorial status | A single state | Reorganised by the J&K Reorganisation Act, 2019 into two Union Territories — J&K with a legislature, and Ladakh without |
| Central legislation | Around 100 central laws had not been extended; RTI, RTE and reservation laws applied partially or not at all | Central laws including the RTI Act, RTE Act, SC/ST (Prevention of Atrocities) Act and Panchayati Raj provisions now apply |
| Judicial position | Contested as to whether the provision had become permanent after the state Constituent Assembly dissolved in 1957 | A five-judge Constitution Bench led by CJI D.Y. Chandrachud unanimously upheld the abrogation on 11 December 2023, holding Article 370 a temporary provision; it directed restoration of statehood at the earliest and assembly elections by 30 September 2024 |
Part III: Impacts on Mainstreaming
- Security indicators — official data record a marked decline in terrorist-initiated incidents, civilian and security-force fatalities, and organised shutdowns, which had numbered 52 in 2018 and fell to nil from 2023.
- Democratic deepening — three-tier panchayati raj functioning for the first time; the 2024 Assembly elections were conducted without the large-scale violence that marked earlier polls, and several figures previously associated with boycott politics contested electorally.
- Rights extension — application of central legislation extended reservation benefits to SCs, STs and Pahari and Gujjar-Bakerwal communities, and removed the disability under which women marrying non-residents lost permanent-resident rights.
- Economic activity — record tourist arrivals in recent years, new industrial investment proposals, and an expansion of government employment and self-employment schemes.
- Statehood restoration — the Supreme Court directed it "at the earliest"; the Centre has stated it remains under consideration. All major national and regional parties support restoration, making it the clearest point of political consensus.
- Residual security concerns — targeted attacks continue, including the Pahalgam attack of April 2025, and militant activity has shifted geographically toward the Jammu region, requiring continued vigilance.
- Employment and reconciliation — unemployment remains a policy concern, and building durable political trust is a longer process than restoring security metrics.
Conclusion
The constitutional question is settled: the Supreme Court unanimously upheld the abrogation in December 2023, and restoration would now require a constitutional amendment. Official indicators show substantial improvement in security and electoral participation. Consolidating that gain rests on completing the Court's own direction on statehood, sustaining counter-terror pressure as militancy shifts geography, and converting improved security into employment and political reconciliation — since mainstreaming is ultimately measured by participation and prosperity, not by the absence of violence alone.
Constitutional provisions: Article 370 (temporary provisions with respect to the State of Jammu and Kashmir, Part XXI); Article 35A (inserted by the Constitution (Application to Jammu and Kashmir) Order, 1954 under Article 370(1)(d)); Article 367 (interpretation) used in Constitutional Order 272; Article 3 (formation of new states and alteration of areas). Instruments of 5 August 2019: CO 272 and CO 273; Jammu and Kashmir Reorganisation Act, 2019 creating the UTs of J&K (with legislature) and Ladakh (without), effective 31 October 2019.
Historical background: Instrument of Accession signed by Maharaja Hari Singh, 26 October 1947; Delhi Agreement, 1952; J&K Constituent Assembly dissolved 1957; J&K Constitution effective 1957. Judgment: In Re: Article 370 of the Constitution, decided 11 December 2023 — five-judge bench of CJI D.Y. Chandrachud and Justices S.K. Kaul, Sanjiv Khanna, B.R. Gavai and Surya Kant; three concurring opinions; Article 370 held temporary; reorganisation into Ladakh UT upheld under Article 3; statehood restoration directed at the earliest; elections directed by 30 September 2024. Justice Kaul additionally recommended a truth and reconciliation commission. Related: Delimitation Commission under Justice Ranjana Prakash Desai, order of 5 May 2022, raising assembly seats to 90 (43 Jammu, 47 Kashmir) plus 24 notionally reserved for PoK; DDC elections 2020; Assembly elections September-October 2024; UAPA, 1967; PMLA, 2002; NIA Act, 2008.
Answer Writing Tips for This Question
- This is a three-part question — actions taken, pre/post constitutional status, and impacts. The middle part is pure constitutional fact and is where precision earns the most marks.
- A before-and-after table is the only efficient way to handle Part II. Cover constitutional status, Article 35A specifically, territorial reorganisation, central-law applicability and the judicial position.
- Get the instruments right — Constitutional Orders 272 and 273, and the J&K Reorganisation Act, 2019. Writing that "Article 370 was repealed" without naming the mechanism loses technical marks.
- Anchor Part III in official data with the source named (PIB figures on incidents, stone-pelting, shutdowns; ECI turnout). Attributed data is stronger than assertion on a subject where claims are contested.
- Cite the December 2023 judgment precisely — unanimous five-judge bench, Article 370 held temporary, statehood restoration directed at the earliest, elections directed by September 2024. This settles the constitutional question and gives your answer authority.
- Include the unfinished agenda — statehood restoration is the Supreme Court's own direction and enjoys cross-party support, so noting it is constitutionally grounded rather than partisan. A balanced answer that closes on "mainstreaming is measured by participation and prosperity, not the absence of violence alone" reads as mature analysis rather than advocacy.
