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The shifting borders and constitutional identity of Jammu and Kashmir

Once a princely state with its own flag and constitution, Jammu and Kashmir underwent a profound transformation in 2019. The removal of special autonomous status and the division of the region into two union territories changed the political and administrative landscape of the Himalayas forever.

For decades, the region operated under a unique legal framework. Following the 1947 partition of the subcontinent, the princely state of Jammu and Kashmir was granted special status via Article 370 of the Indian Constitution in 1950. This allowed the region to maintain its own constitution and flag, and through the 1954 introduction of Article 35A, it even held the power to define permanent residents and restrict property ownership by citizens from other Indian states.

This autonomy was a subject of intense political debate. While figures like Syama Prasad Mookerjee argued that such special provisions hindered national integration, the region's executive leadership saw various shifts in power, from the dismissal and imprisonment of the first Prime Minister, Sheikh Abdullah, in 1953 to the eventual alignment of titles like Chief Minister with the rest of India in 1965.

The landscape changed decisively in August 2019. The Indian Parliament passed resolutions to repeal Article 370 and abolish Article 35A. Simultaneously, the Jammu and Kashmir Reorganisation Act was passed, which reconstituted the former state into two distinct union territories: Ladakh in the east and the residual Jammu and Kashmir in the west. This reorganization officially took effect on 3 and October 2019.

Today, the region remains a complex mosaic of identities and geographies. While the administrative capitals of Srinagar and Jammu serve the territory, the area is divided into two divisions and 20 districts. The legal framework for residency has also been replaced by a new domicile law, allowing individuals who have resided in the region for 15 years, or studied there for seven years, to claim status.

Source: Jammu and Kashmir (union territory)

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