Seven Years After the Reading Down of Article 370, the Space For Dissent Has Further Shrunk in J&K

Srinagar: Seven years after the reading down of Article 370 by the Bharatiya Janata Party (BJP)-led Union government on August 5, 2019, the political landscape of Jammu and Kashmir presents a paradox. While the electoral process has returned through Assembly elections and an elected government in the region, the nature of political engagement has undergone a big change. Mainstream politics has returned, but local politicians and political analysts claim that the political space remains different from the pre-2019 time.

"The August 5 decision disempowered the erstwhile state of Jammu and Kashmir. Across Kashmir, almost all political formations remain unhappy with the decision. Jammu and Kashmir today is less empowered and, in many ways, less secure. If you ask BJP-affiliated politicians, they will say the decision has accelerated development and reduced separatism. But if you ask local political parties, they will tell you that it stripped Jammu and Kashmir of the protections provided under Articles 370 and 35A and disempowered the region. That is true," political scientist and international relations expert professor Noor Ahmad Baba told The Wire.

The reading down of Article 370 and Article 35A, and the bifurcation of the erstwhile state into two Union Territories – Jammu and Kashmir and Ladakh – brought an immediate halt to conventional political activity in the region in 2019. Curfews, communication restrictions and preventive detentions of mainstream political leaders defined the months that followed the centre’s move to scrap the autonomous position of Jammu and Kashmir.

'Democratic normalcy cannot be measured by elections alone'

The Jammu and Kashmir National Conference (NC) chief spokesperson and legislator, Tanvir Sadiq, believes that the political landscape in J&K has changed since August 2019. “Elections have been held, and an elected government is back in place, but the democratic normalcy cannot be measured by elections alone”.

“Elected representatives are accountable to the people, but they continue to function within significant administrative and constitutional constraints that limit their ability to govern effectively,” said Sadiq.

Until the Jammu and Kashmir Reorganisation Act in 2019, the erstwhile state had a bicameral legislature. The lower chamber, the Legislative Assembly, was composed of 87 members directly elected for six-year terms to single-member districts, under the Jammu and Kashmir Constitution. The upper chamber, called the Legislative Council, comprised 28 indirectly elected members and eight members nominated by the governor.

“Instead of focusing entirely on development and public welfare, much of the effort goes into navigating institutional impediments. The gap without an elected government weakened democratic engagement,” Sadiq told The Wire.

Under the new arrangements, announced from the floor of the parliament by Union home minister Amit Shah in 2019, the new Union Territory of Jammu and Kashmir would have a unicameral legislature with limited powers and at least 83 elected members. (As in the old assembly, another 24 seats associated with constituencies in Pakistan-occupied Kashmir (PoK) would be left vacant.)

While the return of assembly elections in 2024 has restored electoral politics, questions remain about whether political space has expanded or contracted in the years since.

“Political activity has resumed, but a truly vibrant democracy requires not just the space to contest elections, travel, meet people and express political views, but also empowered institutions that enable elected governments to govern in accordance with the mandate given to them by the people,” an NC leader said.

A controversial new delimitation of constituencies was completed in 2022. It increased the assembly size to 90 members, awarding the Hindu-dominated Jammu area a disproportionate share of seats, which was widely expected to favour the BJP.

"The political space available to parties in Jammu and Kashmir is far more restricted today than it was before 2019. Even the party in power does not enjoy the authority that a state government traditionally would," Noor said.

From political freeze to electoral revival

Hundreds of political leaders, activists and workers, including three former chief ministers, were detained in the aftermath of constitutional changes imposed by the Union government in August 2019. The region remained without an elected assembly for nearly six years, with governance being administered directly from New Delhi.

"The administration is now much more directly controlled by the Union government than by the local government. The federal arrangement that once empowered Jammu and Kashmir within the Centre-state relationship is no longer functioning in the same way," said professor Noor.

The political landscape began changing during the 2024 Lok Sabha elections.

According to the Election Commission of India (ECI), Jammu and Kashmir recorded a 58.46% voter turnout across its five parliamentary constituencies, the highest participation in a general election in the region in 35 years.

The momentum continued during the 2024 assembly elections, the first since 2014. The elections witnessed an overall voter turnout of 63.88%, the highest participation assembly elections in more than two decades. Omar Abdullah subsequently became the first chief minister of the Union Territory.

Calling the high voter turnout an "urge for change", Noor said, "If people had accepted the August 5 decision, the BJP would have come to power. Instead, voters chose otherwise. So, voter turnout cannot automatically be equated with normalcy."

Supporters of the post-2019 political changes point to several indicators, including high voter turnout in the 2024 Assembly elections and in the 2024 Lok Sabha elections.

“Political normalcy is evident from the successful conducting of democratic elections, the active functioning of elected representatives, the revival of political activities across Jammu & Kashmir, and increased public participation in the democratic process,” BJP state spokesperson Manzoor Bhat told The Wire.

However, critics including the People's Democratic Party (PDP) legislator Waheed Ur Rehman Parra dismissed the BJP's definition of normalcy, arguing that electoral participation alone does not fully capture the health of democracy and political freedoms.

“High voter turnout is part of the democratic process, but it should not be mistaken as the sole measure of political normalcy. Elections are only one aspect of democracy," Waheed told The Wire.

Parra pointed to preventive detentions, restrictions on political mobilisation, and administrative controls over governance as factors that continue to shape political participation.

Referring to Awami Ittehad Party (AIP) chief patron and MP Engineer Rashid, AIP spokesperson Firdous Baba said, "Keeping Engineer Rashid in jail despite being elected by the people of North Kashmir is a disrespect to the democratic mandate. Nearly 1.9 million people voted to elect their representative, and his continued incarceration undermines the faith of the people in the electoral process."

Rashid had contested the 2024 Lok Sabha election from Tihar jail. He was arrested in August 2019 under the Unlawful Activities (Prevention) Act (UAPA). He defeated NC vice-president Omar Abdullah and People’s Conference president Sajad Lone from the Baramulla parliamentary constituency. He polled 4,72,481 votes, more than the votes (4,41,578) garnered together by Abdullah (2,68,339) and Lone (1,73,239). Rashid continues to be in jail.

The BJP, however, defended the detention of political leaders. “Political space for democratic dissent remains open within the framework of the Constitution. There is a clear distinction between legitimate political criticism and activities that threaten national security or promote violence. Today, political parties freely express their views, contest elections, and participate in public debates,” said BJP spokesperson Bhat.

Mainstream politics returns, but under new realities

The return of elections has revived mainstream political activity, but political parties operate within a changed ecosystem.

“Inside the assembly, we are largely confined to discussing governance issues, while larger questions relating to human rights, the Bar Association, the Press Club, the Human Rights Commission, and detentions under the UAPA have almost disappeared from the mainstream political discourse. These are among the most important concerns for the people, yet they receive little attention," PDP's Parra said.

Before 2019, Kashmir routinely witnessed large political rallies by the NC, PDP, Congress and separatist organisations. Election campaigns featured extensive roadshows, public gatherings and door-to-door mobilisation.

Separatist politics, once a defining feature of Kashmir's political discourse, has almost disappeared from the public sphere. Organisations associated with separatist mobilisation have either become inactive or ceased public activities.

“Voices of dissent, whether from mainstream politicians or separatists, have largely been silenced. In a vibrant democracy, every voice should have the space to be heard. Even the elected government is not fully satisfied with the present arrangement,” professor Noor said.

In contrast, BJP leader Bhat called the silence of separatist politics a “significant change”.

“The influence of the Hurriyat has diminished considerably, and the separatist narrative has lost much of the space it once occupied. Many individuals who were previously associated with separatist politics are now participating in public life through constitutional and democratic means,” he said.

Unwritten laws

Political parties continue to engage in political activities across Jammu and Kashmir, but many leaders argue that political mobilisation remains more regulated than before.

"Mainstream politics has returned only in a limited sense. Political parties do have some space to criticise the Union government and the administration, but there are clear boundaries. If you attempt to raise issues that the government is uncomfortable with, that political space is denied. There are unwritten laws on how much you can say, and crossing those limits can invite legal action or even imprisonment,” said Parra.

Alleging restrictions on political activity, AIP spokesperson Baba said, "Political parties do not feel as free to criticise the Union government or the administration as they did earlier. Even peaceful protests on public issues are often not allowed. If you openly challenge the system, there is always a fear of being labelled anti-national or facing legal action."

Recalling his own experience, Baba said, "I was confined to my house when I wanted to organise a peaceful protest over local issues. Such actions discourage political participation and democratic expression."

The detention factor

One of the defining features of the post-August 2019 political transition was the widespread detention of political leaders.

Justifying the Union government's move to detain the political leaders in the aftermath of the 2019 decision, BJP spokesperson Bhat said, “The government acted responsibly to ensure that such fears did not translate into violence. Temporary preventive measures were taken solely to maintain public order, protect lives, and ensure a peaceful constitutional transition. As the situation stabilised, these restrictions were gradually lifted, political activity resumed, and democratic processes were fully restored”.

Farooq Abdullah, Omar Abdullah and Mehbooba Mufti – all three were former chief ministers at the time of the reading down of Article 370 – were placed under preventive detention, alongside hundreds of party workers and political activists. Many leaders spent months in detention before being gradually released.

"I was detained after the reading down of Article 370 and booked under the UAPA. That sends a very clear message about the consequences of crossing certain lines. Even after release, the process itself becomes a punishment. You remain tied up in court proceedings, appearing every few weeks. It is not just about incarceration; it affects your political standing and your ability to function," said Parra.

Independent rights assessments note that these detentions significantly curtailed organised political activity during the initial years following the constitutional changes. “

The detentions have had a profound impact on political activity. One section of political opinion has effectively been criminalised through arrests, prolonged detention and legal cases. That creates fear and restricts participation. It gives the impression of a controlled political environment rather than a free democratic space," Parra added.

Although these restrictions eased over time, Parra argued that the experience fundamentally altered political engagement and organisational structures.

"When someone is arrested, the consequences extend far beyond that individual. Entire families suffer. People face difficulties in obtaining police verification, passports, government jobs and contracts. The trauma created by arrests and prolonged detentions has deeply affected society, and addressing it will remain one of Jammu and Kashmir's biggest political challenges," he said.

Weakened public confidence in J&K

The post 2019 situation, per the politicians, has dramatically changed the power structure in the region. “The transition from a state to a Union Territory has reduced the powers of elected representatives, and governance has become increasingly centralised and bureaucratic,” said AIP's Baba.

He said the prolonged period of central rule and the detention of mainstream political leaders had weakened public confidence in politics. "There was a long gap between the people and the government. Many grassroots political workers and young people entering politics today see little future because the assembly no longer enjoys the powers it once had," he said.

More regulated political interactions

Public political meetings continue to occur but at a considerably reduced scale compared with the pre-2019 period.

Large demonstrations and mass political conventions have become less frequent. Political leaders increasingly rely on social media, local interactions and targeted constituency meetings rather than valley-wide public rallies.

The shift reflects both evolving campaign strategies and continuing administrative oversight of public gatherings.

“There is no restriction on meeting people or party workers, but there is constant scrutiny. Political activity is carried out under continuous watch, and that inevitably shapes how politics is practised in Jammu and Kashmir,” PDP's Parra said.

New formations and stage of unity in J&K

The post-2019 period has also reshaped party politics.

Traditional regional parties have had to reorganise after prolonged inactivity, while several new political formations emerged following the constitutional changes.

On the emergence of new political formations, professor Noor said, "Only when there is a genuinely open political environment will it become clear whether these parties can sustain themselves and earn the people's mandate. The creation of new political parties has fragmented regional political forces, which benefits the BJP by dividing the local vote base and improving its prospects of gaining political power."

The People's Alliance for Gupkar Declaration (PAGD), formed by major regional parties to seek restoration of constitutional guarantees, became one of the earliest attempts at unity of regional political parties after 2019.

“Local political parties continue to seek the restoration of statehood, but they have been unable to achieve it because they have not been able to put aside their differences and unite on a common platform. The National Conference is trying to balance retaining power while simultaneously expressing its grievances,” said Noor.

Subsequent elections, however, demonstrated that mainstream electoral politics had regained prominence despite continuing constitutional disagreements.

Democracy returns, debate on political freedom continues

The restoration of an elected Assembly in 2024 marked an important institutional milestone after nearly ten years without a legislative government.

Yet the broader debate over political freedoms remains contested.

"As a Kashmiri, I see that people are not happy with the present political landscape of the Union Territory," professor Noor said, adding, "The constitutional changes of August 5, 2019 fundamentally altered the political structure. While electoral politics has returned, many people feel the region has been politically disempowered, and there remains a disconnect between electoral participation and genuine democratic empowerment."

Whether this represents a transition towards a new democratic equilibrium or merely a temporary phase remains one of the defining political questions in Jammu and Kashmir today.

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