How citizenship in India is acquired and lost ?

 Why is it in the news? 

1. Former IPL Chairman, Lalit Modi wants to surrender his Indian passport. He has been accused of being an economic offender by Indian investigating agencies. He has been absconding since 2010. He has also acquired citizenship of Vanuatu, an island country in the South Pacific Ocean. It has been learned that Lalit Modi has made an application for surrendering his passport in the high commission of India London. 

2. Lalit Modi, the former IPL Chairman has been under probe by various agencies in connection with forex violations and a ₹425 crore TV rights deal for the 2009 IPL with World Sports Group. 

3. Shortly after the IPL 2010 final, Modi was suspended from BCCI after being accused of misconduct, indiscipline and financial irregularities in association with the two new franchises Pune and Kochi. The BCCI launched an investigation against him and banned him for life in 2013 after a committee found him guilty of these charges. A special court in Mumbai had issued a non-bailable arrest for Lalit Modi in 2015 for his alleged involvement in a money laundering case registered by the ED. 

Where is Vanuatu? 

1. It is a country of more than 80 islands in the Southern Pacific Ocean. It has a population of more than 3 lakhs. It is located east of Australia and West of Fiji and South of Soloman islands. Its capital is Port Vila. 

It achieved independence from France and Britain in 1980. Vanuatu offers citizenship through its citizenship by investment programme requiring a non-refundable donation or investment. It is learned that an amount of 1 lakh 55 thousand USD is required of a single applicant to acquire citizenship. 

Who is a citizen? 

1. A citizen is an individual who has a formal relationship with a state. It entails allegiance to the state and entitlement to its protection. Citizenship involves certain rights, duties and responsibilities. Citizenship can be acquired by birth within a territory, descent from a citizen parent, marriage to a citizen or through naturalisation process. In our constitution, a citizen has been bestowed upon exclusively the right against discrimination (article 15), equality of opportunity in public employment (article 16), freedom of speech and expression, movement, resident, profession (article 19), protection of interests of minorities (article 29), right of minorities to establish educational institutions (article 30). In addition, a citizen in India who abides by 11 fundamental duties under article 51 A. A citizen is required to respect the constitution, follow the noble ideas of freedom struggle, uphold sovereignty of India, defend the country, promote harmony and brotherhood, value and preserve the rich heritage of India, protect and improve the natural environment, develop scientific temper, humanism and spirit of inquiry, safeguard public property and avoid violence, strive for excellence in all fields, ensure education for children between six to fourteen years by parents/guardians. 

 Aliens are not required to follow the above fundamental duties of our constitution but they are obliged to follow the rules and laws of India, respect India’s sovereignty and national symbols, obey visa and immigration rules, respect for Indian culture tradition and religious sentiments, refrain from interfering a Indian politics or elections, protect public order and national security and pay taxes and financial dues if earning in India.  

2. In contrast, an alien is a foreign  born resident who is not a citizen of a country in which he resides. Aliens may have certain rights and protections but these are often limited compared to those of citizens. For example, aliens might not have the right to vote or hold certain public offices. An alien can enjoy economic opportunities and legal protections. Their stay in the country is subject to permission and can be revoked. Following are fundamental rights in our constitution which are available to both citizens and aliens. These are 

• Right to equality before law (article 14)

• Protection in conviction for offenses, against ex post facto laws, double jeopardy and self incrimination (article 20)

• Right to life and personal liberty (article 21)

• Right to education (article 21 A)

• Protection against arbitrary arrest and detention (article 22)

• Prohibition of human trafficking and forced labour (article 23)

• Prohibition of child labour (article 24)

• Freedom of religion (article 25-28)

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How citizenship is acquired in India?

1. Our constitution deals with citizenship from article 5 to 11 under part II. However, it empowers the Parliament to provide provisions with regard to citizenship. That’s why, the parliament has enacted the Citizenship Act, 1955 which has been amended from time to time. 

2. According to the Citizenship Act, 1955, a person can be a Indian Citizen 

1. By birth : 

• born in India before January 26,1950

• Born between January, 26th, 1950 - July 1st, 1987 is an  Indian citizen regardless of parents nationality. 

• Born between July 1st 1987- December 3rd, 2004 - at least one parent must be an Indian citizen.

• Born on or after December 3rd, 2004- both parents must be Indian citizens or one parent must be an Indian citizen and the other not an illegal migrant. 

2. By descent

• Born outside India before January 26th, 1950 is an Indian citizen if father was an Indian citizen. 

• Born between January 26th, 1950 - December 10th, 1992 is an Indian citizen if father was an Indian citizen. 

• Born after December 10th 1992 - He is an Indian citizen if either parent is Indian and birth is registered at an Indian consulate within one year. 

3.By registration

• A person of Indian origin residing in India for seven years. 

• A person married to an Indian citizen and residing in India for seven years.

• Minor children of Indian citizens

4.By naturalisation 

• A foreigner can apply if he has lived in India for twelve years. However, the government may waive conditions for distinguished persons. 

5. By incorporation of a territory

• If a new territory joins India its residents become Indian citizens.For example, the residents of Goa, Puducherry, Sikkim, Dadra & Nagar Haveli became the citizens of India automatically when these territories were merged with the Indian Union. 

6.Special Provision as to citizenship of persons covered by the Assam Accord. According to the citizenship amendment Act, 1985, all persons of Indian origin who came to Assam before January 1st, 1966 from Bangladesh and who have been ordinarily resident of Assam since the date of their entry into Assam shall be deemed to the citizens of India as from January 1st, 1966. 

• Those individuals who migrated to Assam from Bangladesh between January 1st, 1966 and March 24, 1971 had to register and wait for ten years to become citizens. Until then, they had limited rights and no voting rights. 

• Those individuals who migrated to Assam after March 24,1971 from Bangladesh would be considered illegal migrants and subject to deportation. 

7. Citizenship Amendment Act, 2019 - Granted citizenship to persecuted minorities of Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Pakistan and Bangladesh who migrated into India on or before December 31st, 2014. 

8. National register of citizens was updated in 2019 to identify illegal immigrants based on March 24, 1971 as the cut off date set by the 1985 Citizen Amendment Act. About 19 lakh individuals were categorised as illegal migrants in Assam. 

How is citizenship lost in India?

1. By renunciation - If an individual voluntarily surrenders his citizenship, he ceases to be an Indian citizen.  It should be noted that minor children of such parents also lose their citizenship. However, they can reclaim Indian citizenship when they turn 18 years old.

2. By termination - If an Indian citizen acquires citizenship of another country voluntarily, his Indian citizenship is automatically terminated. But if an individual acquires foreign citizenship by marriage or birth in another country, the automatic termination would not apply. 

3. By deprivation - The government can deprive a person of Indian citizenship if 

• Obtained fraudulently 

• Showed disloyalty to the Indian constitution

• Assisted an enemy country during war 

• Convicted of an offense for more than two years within five years of acquiring citizenship.

• Traded illegally with enemy countries.

Only a person who has acquired Indian citizenship by registration, naturalisation and incorporation of territory can be deprived of citizenship. Citizens by birth cannot be deprived of their citizenship except in case they acquire foreign citizenship voluntarily. 

Difference between Non Resident Indians and Overseas Citizens of India.

Category	NRI	OCI
Definition	An Indian citizen who resides outside India for more than 182 days in a financial year.	A foreign citizen of Indian origin who holds an OCI card. He is not an Indian citizen.
Citizenship	He is an Indian citizen and holds an Indian passport.	He is a foreign citizen and cannot hold an Indian passport.
Voting rights	He is entitled to vote in the election in India, if he is present during the election.	He has no voting rights
Government Jobs	He is entitled for government jobs	Not entitled for government jobs
Property ownership	Can buy any property including agricultural land.	Cannot buy agricultural or plantation land.
Need for Visa	No need for Visa to visit India	No Visa required because a life long multiple entry Visa is granted.
Work and Business	Can work, start a business and own companies in India	Can work and do any business except holding government posts/job.
Tax status	Will have to pay taxes in India based on income earned in India.	Will have to pay tax in India only on income earned in India.
Restrictions	No restrictions on rights	Restricted rights. For example, they have no fundamental rights with regard to article 15,16, 19, 29 and 30 of our constitution.

Single citizenship in India

1. Our constitution provides for only a single citizenship. There is no separate state citizenship as it obtains in the US or Australia. These countries have adopted double citizenships and so citizens owe allegiance to both the central and state governments. In India, all citizens irrespective of the state in which they are born or reside enjoy the same political or civil rights or citizenship all over the country and no discrimination is made between them. However, in the interest of local people, there has been provision for residence with regard to employment in a particular state in the non-gazetted post. Similarly, the freedom of movement under article 19 can be restricted in the interest of the protection and safety of primitive and nomadic tribes inhabiting a particular area.   

Conclusion

1. India follows jus Sanguinis (right of blood) instead of jus Soli (right of soil) adopted in the US and the other countries. 

2. India does not allow dual citizenship.

3. OCI (oversea citizen of India) is not equal to dual citizenship. 

4. The President of India can be a citizen of India by birth or naturalisation while in the US only a natural born citizen can become its President.  To become the Indian President, he must have resided in India for at least ten years before election and must be qualified to become a member of the Lok Sabha. 

5. Thus, the Indian constitution provides a unified and equal citizenship system with restricted laws against dual citizenship.

Why is the Indian Ocean so important for India?

 Why is it in the news?

1. India and Mauritius signed eight pacts during the visit of the Indian Prime Minister to Mauritius. India assured to build a new Parliament building in Mauritius. It would invest 100 cr for the development of infrastructure. 500 civil servants from Mauritius will be trained in India in the next five years. 

2. India would support implementation of E-judiciary system. It would strengthen cooperation in the field of cyber security and digital public infrastructure. India would enhance maritime cooperation through increased deployment of ships and aircraft for joint maritime surveillance and hydrographic surveys. 

3. India would work towards timely delivery of 100 E-buses and the associated charging infrastructure. It would provide replacement of a 100 km water pipeline in Mauritius. 

4. Both countries agreed to strengthen cooperation on sharing best practices on Parliamentary proceedings. India would set up an Ayush Centre of Excellence in Mauritius. 

5.India backed Mauritius claimed over Chagos, a strategically located Indian Ocean archipelago that has long been a centre of a dispute between Mauritius and the UK. 

6. Cooperation between India and Mauritius is significant in the context of China’s strategic footprint increasing in the region. 

7. It is to be noted that Mauritius is located in the Indian Ocean. It is inhabited by 68% people of Indian origin. The Britishers brought Indian indentured labour to Mauritius for the cultivation of sugarcane. India is the largest trading partner of Mauritius and a major investor in its economy. It is located near major sea lanes of communication. It is part of India’s SAGAR (Security and Growth for All in the Region) doctrine to counter China’s growing influence in the Indian Ocean. India is developing a military base for maritime surveillance at Agalega islands to counter the Chinese influence in Africa and the Indian ocean after China built a naval base in Djibouti. Indian navy conducts regular petrols to safeguard Mauritius’ exclusive economic zone. India supplies petrol boats, aircrafts and military training to Mauritian coast guards. 

Geo strategic importance of the Indian Ocean

1. India has a vast coastline of  7500 km and over 1200 islands including Andaman & Nicobar islands and Laksyadweep. 

2. India is near critical maritime choke points like the strait of Malacca, Strait of Hormuz and Bab-el-Mandeb. These straits are essential for trade and military strategy. 

3. Over 80% of India’s crude oil imports passed through the Indian Ocean. 95% of India’s trade by volume and 68% by value are made through the Indian ocean.

4. The Indian Ocean is rich in marine resources, supporting India’s fishing industry and coastal livelihoods. 

5.  Through Indian Ocean Rim Association (IORA) and Indian Ocean Naval Symposium (IONS), India promotes regional security and economic cooperation. 

6. The Indian Ocean ensures trade, energy security and military dominance of India. Safeguarding the Indian ocean is essential for India’s sovereignty, economic stability and global influence. 

7. Whenever, there has been dominance of any foreign power in the Indian Ocean, the sovereignty of India was compromised. It became the victim of foreign domination. On the contrary, whenever India dominated the Indian ocean, it showed military prowess and higher economic growth not only in South India but South East Asia in particular and the world in general. In short, the Indian ocean is vital for the economic development, environmental sustainability, energy security and trade and commerce for India. 

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Chinese threat

1. China has expanded its presence in the Indian Ocean region by adopting the policy of string of pearls which refers to the setting of a series of ports and bases surrounding India. For example, China developed Gwadar port (Pakistan), Hambantota (Sri Lanka), Djibouti Naval Base (Horn of Africa), Kyaukpyu port (Myanmar), and increased Chinese investments in the islands of Maldives and Seychelles. These military bases allow China to encircle India in the Indian Ocean. 

2. The Belt and Road Initiative of China is meant to finance major infrastructure projects in Indian ocean region nations. However, many of these projects trap countries in debt forcing them to cede strategic assets. The economic dominance of China in these regions would further reduce India’s diplomatic influence. 

3. China's growing naval presence in the Indian Ocean further raises serious security concerns for India. Deployment of Chinese research vessels is a threat to India’s military operations. Increased Chinese activity near the Andaman Nicobar islands  pose a direct security threat to India’s Eastern flank. 

Counter measures by India

India has taken several measures to address Chinese threats. 

1. Deployment of naval warships like INS Vikrant , INS Vikramaditya and Nuclear submarines in the Indian Ocean.

2. India has strengthened partnerships with the US, Japan and Australia under QUAD to promote cooperation in the Indo-Pacific region to combat Chinese threat. India has also made cooperation with ASEAN countries, focused on joint naval exercise and intelligence sharing to enhance maritime security. 

3. India has launched regional groupings like IORA (Indian Ocean Rim Association), IONS (Indian Ocean Naval Symposium) and BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation) to assert its leadership. 

4. India has been offering alternative infrastructure funding to Indian ocean region countries to reduce Chinese debt trap. 

5. In short, Chinese military expansion, economic dominance and strategic encirclement pose a direct threat to India’s sovereignty in the Indian Ocean. 

6. India is investing in the development of maritime infrastructure including ports and naval bases. India is pursuing diplomatic efforts to strengthen ties with Indian Ocean littoral states, offering economic and military assistance to counterbalance Chinese influence. Moreover, India is enhancing its naval capabilities by modernising its fleet and increasing its maritime surveillance. This includes the acquisition of advanced submarines, aircrafts carriers and maritime patrol aircrafts to ensure a robust presence in the Indian Ocean. 

Conclusion

1. India must ensure the free flow of goods and services in the Indian Ocean uninterrupted by any major power. It should revive the 1971 UN resolution for an Indian Ocean as a zone of peace to limit great power competition. 

2. India should also push for an Indian Ocean demilitarisation agreement to restrict foreign military bases. 

3. India should promote regional maritime security cooperation. India must strengthen its naval power to combat Chinese growing naval influence. In addition, it should cooperate with the US, Japan, and Australia to neutralise the Chinese influence in the Indian Ocean. 

What is delimitation? How can the danger of delimitation be averted ?

Why is it in the news?

1. The Chief Minister along with most of the political parties of Tamil Nadu opposed the delimitation of parliamentary constituencies. 

2. Different parties asked the centre to extend the 1971 census based delimitation for another 30 years beyond 2026 to ensure fair representation of states that have effectively controlled their population. 

3. A joint action committee was formed consisting of MPs of TamilNadu and other southern states. The Chief Minister of TamilNadu said that his Government would take all measures to prevent the implementation of delimitation. Resolution echoed that delimitation would weaken TamilNadu and would be a threat to the federal structure. He also contended that if parliamentary, legislative and Rajya Sabha seats are reduced based on population, it would amount to penalising the southern states which successfully implemented socio-economic welfare of the people and controlled the population.

4. The resolution demanded that if the total number of Lok Sabha is increased, TamilNadu must receive a proportionate increase in constituencies based on the 1971 census. While stating that TamilNadu is not against delimitation, it demanded a clear constitutional amendment ensuring that southern states are not unfairly penalised in seat redistribution. 

What is delimitation?  

1. It aims to ensure fair representation in Parliament and state legislature by adjusting constituency boundaries in accordance with population changes. 

2. It stands for one person, one vote and one value. Our constitution mandates that every MP of Lok Sabha and every MLA of state assembly should represent roughly the same number of voters. Article 82 mandates that after every census an independent delimitation commission would be constituted for the purpose of delimitation of constituencies; that's why, delimitation was conducted in 1952, 1962 and 1972 after the census. However, by the 42nd amendment in 1976, the delimitation was frozen and was extended to 2001. By the 84th amendment the freeze on delimitation was extended up to 2026. Article 82 was amended in 2002 which provides for fresh distribution based on the population data from the 1st census after 2026. 

3. The freezing of delimitation resulted in under-representation of UP, Bihar and other northern states while southern states having lower population have higher representation. For example, an MP is elected from a constituency in UP with an average voters of 30 lakhs. On the other hand, an MP is elected from a constituency in Kerala with an average voters of 18 lakhs. Southern states fear that if the delimitation is pursued on the basis of population, the southern states would have lesser representation. 

4. Moreover,  the southern states contend that they are more advanced in terms of per capita income, contribution to central exchequer, infrastructure, education, healthcare, urbanisation, lower total fertility rate, longer life expectancy. They contend that without addressing these inequalities, delimitation could create distorted forms of inter-state inequalities in India.  

5. Supporters of delimitation argue that without delimitation exercise, 1/3rd representation to women in Lok Sabha and State assemblies after 2029 cannot be allotted. Secondly, the population of SC/ST have increased and so the reserve seats for them are also to be increased to give representation to them in proportion to their population. Thirdly, because of the rising tempo of urbanisation, the population has shifted from rural to urban areas. These areas are also to be given representation in proportion to their population. 

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Why are southern states nervous? 

1. The present composition of Lok Sabha is based upon the 1971 census. Its total number is 543. Every MP in India represented roughly 10.11 lakh population with exception for smaller states. 

2. If the base average population is taken for each MP to represent 20 lakh, UP would get 126 seats, Bihar 85 seats, Rajasthan 41 seats, Tamil Nadu 39 seats, Kerala 18 seats in the Lok Sabha of 707 seats. Thus, the southern states would be losers in proportion to the increased number of seats for northern states of UP, Bihar, Rajasthan, MP. At present, there are 132 seats allotted for southern states in the Lok Sabha of 543 members. The Hindi heartland is represented by 225 members. In the changed scenario, if the delimitation is done after 2026 on the basis of population, the Hindi heartland would have a clear cut majority, thereby, shifting the powerbase to north India and the balance between the north and south would be completely destroyed. 

Projected Seat Distribution for Hindi Heartland (Estimated) Uttarakhand + Uttar Pradesh  - from 85 to 126 Bihar + Jharkhand - From 54 to 85  Madhya Pradesh + Chhattisgarh - From 40 to 50 Rajasthan - From 25 to 40-45 Haryana - From 10 to 16-18 Delhi - From 7 to 10-12 Himachal Pradesh - From 4 to 6-7 Chandigarh - From 1 to 1-2 Total Estimate for Hindi Heartland: Currently: 225 MPs Post-delimitation: Around 350-375 MPs

The increase in the number of MP seats in Lok Sabha would be very much opposed by the southern states. It should be noted that while there would not be any increase in the number of seats for the southern states, the northern states would have a clear cut majority in the Lok Sabha. 

3.  Since, BJP has a dominant position in the Hindi heartland. It will get a majority in the Lok Sabha even without the support from southern states in the changed scenario. This position would be very much detested not only by southern states but by the second largest national party, the congress which has a comparatively strong stronghold in southern India. Moreover, the regional parties would also oppose the new delimitation because in the changing scenario, they would lose relevance in national politics. 

Dangers of delimitation

1. The new delimitation would cause imbalance between the north and south and the power would shift towards north, which would be very much detested by the southern states, congress party, regional parties and other stakeholders. They may start agitation on this issue. 

2. Political analysts are of the view that India is yet to be fully integrated. There are cultural, economic, political and ethnic fault lines. These fault lines have to be bridged before starting new delimitation. 

3.  There is a difference between Hindi speaking northern states and non-Hindi speaking southern states. There is a wide gap between northern and southern states in terms of economic growth and per capita income. The regional disparities are widening with the passage of every year between the north and south.  

4. The dominance of north India politically, has become further accentuated with the arrival of BJP at the centre for the last ten years. The party has complete domination in the Hindi heartland. Critics argue that the new delimitation would further widen the wedge between north and south India which would be detrimental to national unity.  This would also impinge upon unity in diversity so much cherished by our constitution. 

5. The ethnic strife is going on for the last three years in Manipur and the enforcement agencies have an uphill task to control the situation in a small state having 40 lakh population. The entire north eastern regions erupt in frequent ethnic violence on border issues. Terrorists from foreign  countries have been fishing in the troubled waters of various North Eastern states. 

6. Gerrymandering and political manipulation - It is feared that the delimitation may cause alteration of constituencies where certain dominant castes or vote banks of ruling party would get benefit, thereby, getting majority in Lok Sabha by manipulation.   

Solutions to address the complaints of southern states 

1. Strengthening Rajya Sabha - It would be necessary to strengthen Rajya Sabha in financial matters by amending article 110 of our constitution. Every state should get equal representation in the Rajya Sabha irrespective of its population as it obtains in the US where every state sends two members to the senate. This would require amendment in article 80. 

2. Article 81, which provides for seat allocation in the Lok Sabha will have to be amended so that every state should get minimum five seats in the Lok Sabha irrespective of their population. 

3. No state should have more than 15% representation in the Lok Sabha. In order to avoid dominance.

4. The delimitation should take into account not only the population but the development indices while determining the number of constituencies. 

5. Since, the decision of the delimitation commission is final and no writ petition can be filed in the higher judiciary against the decision of the delimitation commission, it is imperative that the selection of the members of delimitation commission should be based upon transparency and impartiality. The selection committee should consist of the Prime Minister, one Cabinet Minister, the Chief Justice of India, the Chief Election Commissioner of India, the leaders of the main opposition  parties in the Lok Sabha and the Rajya  Sabha. 

6. The representation in the Lok Sabha should be fixed in such a way that no one region is dominant politically over other regions. A fine political balance has to be established across the country. 

Conclusion

1. A one size fits all approach to delimitation would create regional tensions. A multifactor approach is needed which should be a mix of population, economic contribution, governing efficiency and political sensitivity in determining the number of constituencies for every state in India to ensure national unity in diversity and political stability across the country.

Disputes over Jammu & Kashmir. Problems and Solutions

Map of Jammu & Kashmir

 Why is it in the news?

1. The foreign minister of India said in London recently that Pakistan vacating POK would resolve the Kashmir issue in its entirety. 

2. He further added that removal of article 370 was number one step for the resolution of the Kashmir issue, followed by restoring growth and economic activity and social justice. Holding assembly elections with a very high turnout further eased tension in Kashmir Valley. He said that return of the stolen part of Kashmir would solve the Kashmir issue. 

Genesis of Kashmir Disputes 

1. During British rule, there were two kinds of states. There were states which were directly controlled by the Company and later on by the British Crown. 

2. There were other kinds of states which were called princely states. These states had restricted autonomy in their internal affairs. They were protected by the British Paramountcy in matters relating to defence, foreign policy and communication. 

3. There were 60% lands under directly ruled British areas with the population of 70% while princely states had 40% lands under their control with 30% of the population. 

4. After independence, the British paramountcy ceased to exist over the princely states. These states were free to get merged either with Pakistan or India on the basis of contiguity or can remain independent sovereign states. 

5. Almost all princely states merged either with India or Pakistan except Junagarh, Hyderabad and Jammu & Kashmir. 

6. The state of Kashmir was ruled by a Hindu King called Hari Singh with 75% of the population constituting Muslims. The king decided to stay out of both India and Pakistan. The Indian political leaders took no steps to obtain Kashmir accession into India and left it to the people of Jammu & Kashmir to decide whether they want to link their fate with India or Pakistan.   

7. After the onset of the winter season, the tribal militia supported by the Pakistani army raided the territory of Jammu & Kashmir. They captured Muzaffarabad, Gilgit, Baltistan and Mirpur. They were about to reach Srinagar. The royal army was no match to the invaders. The king fled to Jammu and solicited military intervention. The stand of the Government of India was that as long as Jammu & Kashmir is an independent state, the deployment of the Indian army would amount to the breach of international law. Thus, the Government of India insisted upon the king to sign over the annexation of J & K with the Indian Union before the Indian army could be deployed in the valley. 

8. The Maharaja signed over the instrument of annexation on 26th October, 1947 and so the Indian Army was sent through air. About 100 aeroplanes were pressed into service. The army flushed out the incursers/ invaders. The war went on for nearly one and half years. The Government of India approached the UN. According to the UN mediated peace formula, a ceasefire was announced on the 1st January 1949 with a line of actual control dividing Jammu & Kashmir between POK and the Indian part of Jammu & Kashmir. According to the UN formula, the plebiscite was to be held in Jammu & Kashmir after the withdrawal of the Pakistani Army from occupied areas of J & K. But Pakistan did not abide by the formula. It did not withdraw its army from occupied areas and so no plebiscite could be held in J & K. After the 1965 war with Pakistan, India changed its stand. It contended that the people of J & K had elected their governments several times. They had their own separate constitution and provisions for safeguards to indigenous people. 

In 2019, the BJP Government removed the special power of J & K under article 370 of the Indian constitution. The state was downgraded to the union territory of J & K and Ladakh. While J & K would have a state assembly headed by lieutenant Governor and Chief Minister, Ladakh would have no legislative assembly. It would be run by an administrator appointed by the President of India.  

Pakistan declared the revocation of article 370 as the violation of UN resolution and so it downgraded diplomatic ties with India. It internationalised the issue by raising it at the UN, OIC and with China. It supported protests and separatists groups in Kashmir. 

As of now, 30% of the territory of the undivided Jammu & Kashmir with 30% of the area are under Pakistan. The remaining 55% of the undivided Jammu & Kashmir with 70% population are under Indian union. The remaining 15% uninhabited land of Aksai Chin was captured by China during the Indo-China war in 1962. 

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India’s stand on J & K

1. India stands for undivided J & K as its integral part. It considers POK including Gilgit Baltistan as illegally occupied by Pakistan. It maintains that Jammu & Kashmir is an internal matter of India and there is no scope for third party involvement. India contends that the Kashmir disputes can be resolved through bilaterally. It converted a ceasefire line into the line of control. 

 

Pakistan’s stand on J & K

1. On the other hand, Pakistan claims J & K as its own territory because it is a Muslim majority state and so, according to two nation theory. It should have been part of Pakistan.  

2. It considers the instrument of accession by the king into the Indian Union as illegitimate and contends that it was signed over under the Indian military pressure. It demands UN supervised plebiscites based on the UN resolution of 1948.      

3. Both countries fought three Wars over J & K in 1947, in 1965 and in 1999. The Pakistani army infiltrated into Kargil but they were flushed out by the Indian army. 

China’s stand on J & K

1. China does not recognise the MacMohan line between India and China. In 1950, it captured Tibet forcefully and laid claim over Aksai Chin. In 1962, it captured about 15% land of undivided J & K called Aksai Chin. It constructed roads linking Xing Ziang province to Tibet through Karakoram which passes through Aksai Chin areas. 

2.In 2020, there occurred skirmishes between Chinese and Indian forces leading to the death of 20 Indian soldiers as well as an uncertain numbers of Chinese soldiers.  

Solutions

1. Noted scholar Istiaq Ahmad opined that both India and Pakistan should end disputes over J & K by recognising Line of Actual Control as international border. He wants that there should be free flow of goods and services between India and Pakistan so that both countries would benefit. Moreover, Pakistan should give a transit route to India so that it can trade with central Asian countries like Afghanistan, Kazakhstan, Turkmenistan, Uzbekistan and others. Pakistan would be benefited by the transit fees. 

2. Pakistan should stop exporting terrorists activities into the valley. Both countries should start negotiating with each other on the basis of the Shimla agreement (1972) and the Lahore declaration. 

3. Pakistan should take strict action against terrorist outfits like Lashkar- e- Taiba (LeT) and Jaish-e-Mohammad (JeS). 

4. Both countries should have cross border trades, cultural exchanges and demilitarisation of border areas. 

5. There should be efforts to de-radicalise the Kashmiri Youths influenced by extremist ideology. 

6. There should be efforts to attract foreign direct investment in Kashmir. Infrastructure should be strengthened in order to integrate Jammu & Kashmir with India’s economic mainstream. 

7. Efforts should be made for the safe return of Kashmiri Pandit by providing security guarantees. 

8. Encouragement to people to people contact would help in normalising relations between India and Pakistan. 

9. Restoration of a statehood would heal the emotional fractures of the people of J & K. 

10. Economic growth and employment opportunities to the Kashmiri Youths would further help in integrating them with the mainstream of India. 

11. Efforts should be made to conduct elections at Panchayat level so that grassroot democracy is strengthened. 

Conclusion

1. Both India and Pakistan fought four wars against each other. Both countries are developing countries. Their per capita income is very low when compared with developed countries of the world. 

2. It would not be prudent to spend so much on military weapons when the majority of both the countries are struggling to eke out their livelihoods. Both countries have been engaged over Kashmir disputes for the last 75 years. Pakistan has been waging warfare against India through non-state actors who have been trained in Pak Occupied Kashmir. 

3. Both countries should sit together and resolve the disputes amicably without the interference of third power. The Line of Actual Control should be converted into an international border between India and Pakistan. Bilateral trade and people to people contact should be started for the normalisation of relation between two countries. Similarly, India and China should have an amicable settlement over the border so that a Galwan like situation does not happen again.