Latief U Zaman Deva*
As a prelude to the elections to the Jammu & Kashmir Legislative Assembly, the three regional political parties – National Conference (NC), People’s Democratic Party (PDP), and Apni Party (AP) – have released their respective manifestos.
These documents have triggered public debate regarding the sincerity of the pledges being made and the feasibility of achieving them, at least in the immediate future.
Similarities and Uniqueness
The chapters on the constitutional and political rights in the manifestos of NC and PDP are a glowing testament to their enduring commitments to “Autonomy” and “Self-Rule” pledges.
The NC’s manifesto revolves around the full implementation of the Autonomy Resolution passed by the J&K Assembly in 2000. This resolution effectively calls for restoring the pre-1952 status, subject to the Delhi Agreement, which was entered into on July 9, 1952, between the then Prime Minister of India, Jawaharlal Nehru, and the then Prime Minister of J&K, Sheikh Mohammed Abdullah.
This agreement received ratification in the Indian Parliament on August 5, 1952, and was subsequently adopted by the J&K Constituent Assembly on August 11, 1952.
In contrast, the PDP’s manifesto encompasses a broader agenda under the umbrella of “Resolution of the Kashmir Issue,” addressing both its internal and external dimensions.
The Apni Party, representing the other side of the political spectrum, identifies itself with the vanguard advocating for “Land and Job Protections” similar to the status enjoyed by the North-Eastern States under Article 371 of the Indian Constitution.
Though differently phrased, this position seems to offer a short-term solution, similar to what is proposed by the NC and PDP.
Both NC and PDP use their manifestos to transform the upcoming elections into a referendum on the BJP government’s decision of August 5, 2019, which they term as unilateral and unconstitutional, lacking parallels in democratic setups worldwide.
The NC and PDP eloquently emphasize the importance of freedom of speech, liberty, independent media, and the need to halt the partisan use of advertising policies.
They advocate for the release of political detainees, the repeal of the Public Safety Act and other regressive laws, and the restoration of full statehood, as has already been committed to in the Indian Parliament and reiterated before the Supreme Court.
Moreover, they call for the restoration of the Human Rights Commission, a reorientation of the police towards being public-friendly, particularly in the verification of job applicants and passport seekers, protection of land rights for erstwhile permanent residents, fostering peace, promoting trade across the Line of Control (LoC) and beyond, and facilitating dialogue between India and Pakistan.
In contrast, the Apni Party has largely confined itself to addressing intra-Union Territory problem areas. One common pledge across all three manifestos is the holistic rationalization of administrative units.
The NC has uniquely focused on the divisional tier, advocating for regional autonomy based on comprehensive and exhaustive administrative unit creation, as seen in 2014, and the Regional Autonomy Committee Report of 1999, headed by Mohammed Shafi Uri, a minister in Dr Farooq Abdullah’s cabinet from 1996 to 2002-3.
Considering that every development in J&K is viewed through the prism of Pakistan and intertwined with the situation in Pakistan-administered J&K, the NC suggests fast-tracking the creation of additional divisions in the Union Territory.
This would be akin to the three divisions each in the Muzaffarabad, Poonch, Mirpur Track, and Gilgit Baltistan regions, which cater to populations of 4.4 million and 1.5 million, overseeing ten and fourteen districts, respectively.
The criterion of commonality in ethnicity, linguistics, political aspirations, and geography calls for carving out Maraz (Anantnag) and Kamraz (Baramulla) divisions from the existing Kashmir Division, as well as creating Chenab Valley (Doda), Peer Panjal (Rajouri), and Udhampur divisions from the Jammu Division.
The concept of regional planning through Regional Boards and its inclusion as one of the five tiers in the hierarchy of structured planning and development processes could mark a significant step in decentralized planning, as conceptualized by Sheikh Mohammed Abdullah in 1976.
The inter-regional disparities, with districts as units in planning, pointed out in the Finance Commission Report, chaired by Mahmood ur Rehman, IAS (Retd), could be rectified with the formation of Regional Councils.
All three manifestos also address higher education, aiming at setting up new universities and professional colleges.
There is no denying that the focus in higher education should be on introducing subjects and disciplines likely to provide impetus to technology-led growth and development, and on nurturing manpower capable of bridging gaps in academia and industry, both domestically and globally. In the first phase, the satellite campuses of the two-state universities, located in Anantnag, Baramulla, Bhaderwah, and Udhampur or Kathua, could be upgraded to independent state universities and centres of excellence.
Additionally, there could be the creation of universities for skill enhancement and innovations, and other institutions focusing on Physics, Mathematics, Information Technology, Artificial Intelligence, Economics, and Development Management.
Freebies and Impracticalities
The allure of freebies has been an integral part of election manifestos, and the current ones are no exception.
Both NC and PDP have committed to providing 200 units of free electricity to every household, whereas the Apni Party proposes a model offering 500 units per household for six months, from October to March in the Kashmir Division, and the same for the Jammu Division during the summer months of April to September.
Adopting a minimum provision of 200 units per month for the 19.78 lakh registered domestic consumers would result in an additional expenditure of Rs 122.63 crore monthly and Rs 14.71 billion annually, based on the notified tariff of Rs 3.1 per unit applicable to the consumption slab of up to 200 units.
However, officials in the Power Development Department (PDD) and corporate Discoms have been trying to make the public understand the unsustainable nature of the huge subsidy involved in supplying electricity at current tariffs, which are significantly lower than the average cost of Rs 10 per unit, accounting for generation, distribution costs, and transmission losses.
This average cost includes the cheaper locally produced hydropower, the Union Territory’s free share from the National Hydroelectric Power Corporation (NHPC), and purchases from the National Grid and other generation entities outside the UT.
If these costs are taken into account, the financial outgo for the free supply of electricity could escalate to Rs 395.60 crore monthly and Rs 47.47 billion annually.
There are currently 25.11 lakh households covered under the Targeted Public Distribution System (TPDS) in J&K. Interestingly, the number of households registered as domestic consumers of electricity is only 19.78 lakh, showing a shortfall or mismatch of 5.33 lakh families.
Among the 25.11 lakh households, 60% fall under the Above Poverty Line (APL) category, 26% under the Below Poverty Line (BPL) category, and 14% under the Antyodaya Anna Yojana (AAY – Poorest of the Poor) category. Additionally, around 10,220 individuals fall under the Annapurna Scheme (ANP), which entitles them to 10 kg of ration free of cost per person.
The NC has pledged six free LPG cylinder refills per year to economically weaker sections (EWS), while the PDP promises twelve, and the Apni Party offers four to every BPL and AAY family. Based on the categorization for TPDS, the EWS being targeted by the NC and PDP seem to include BPL and AAY families, whose number is approximately 10.04 lakh households.
At twelve, six, and four refills per year, the annual requirement would be 12,052,800, 6,026,400, and 4,017,600 refills, respectively, with financial implications of Rs 1,205.28 crore, Rs 602.64 crore, and Rs 401.76 crore at the current subsidized rate of Rs 1,000 per refill applicable to EWS.
The NC also stipulates increasing the free rice allocation to 10 kg (from 5 kg) per person per month and making the general public eligible for 10 kg of rice or atta per person per month against the existing per-person scale of 5 kg.
The PDP advocates for an additional 5 kg per person per month for BPL families, restricted to a maximum of 35 kg in a month, as provided under the AAY category in the National Food Security Act (NFSA).
The Apni Party proposes increasing the supply of food grains from 5 kg to 7 kg (a 2 kg hike) per person per month, in addition to the entitlements under NFSA.
APL families are entitled to 5 kg of rice per person at Rs 15 per kg, without any ceiling or upper limit (Non-NFSA). Doubling the monthly allocation per person would double the paddy requirement. BPL families receive 5 kg of rice per person free of cost, and increasing this by 5 kg per person would double the food grain requirement for them.
However, it would simultaneously disqualify them from the additional quota of up to 10 kg at Rs 25 per kg, currently available under the Prime Minister’s Garib Kalyan Yojana (PMGKY).
AAY families are entitled to 35 kg of free food grains per ration card, regardless of family size, and hence, are not affected by the manifesto promises. The provisions for BPL and AAY fall under PMGKY.
The fundamental principle behind TPDS is to provide food grains at affordable prices to beneficiaries. The Minimum Support Price (MSP) per quintal for 2024-25 is Rs 2,275 for wheat and Rs 2,300 for paddy.
Since the Union Government administers PMGKY, it is the responsibility of the UT government to provide budgetary support for the increased requirements arising from the UT’s enhanced monthly quota for the BPL population, above the scale fixed under the central scheme.
The cost of doubling the APL households’ entitlement also needs to be borne by the UT government, considering the difference between market prices and the affordable prices currently fixed for the APL segment. Implementing such measures would lead to significant and unmanageable financial implications.
Financial Constraints
The J&K budget for 2024-25 is Rs 118,390 crore, with a fiscal deficit (the gap between total expenditure and total revenue) of Rs 20,760 crore, despite special assistance of Rs 17,000 crore and an additional grant of Rs 5,000 crore from the central government, which contributes 34% to the budget under central grants.
An amount of Rs 9,400 crore is budgeted for subsidies and support for purchasing power from the National Grid and power generation companies.
The elected government may face Hobson’s choice to avoid the financial instability that the rash implementation of these freebies could cause. Instead, a gradual and incremental approach, starting with measures promised under the “Social Security” sector, coupled with innovative strategies for making food grains available to the public at market-based prices, might prove more sustainable.
Darbar Move
There is unanimity across the board regarding the restoration of the Darbar Move (DM), a biannual transfer of the government that does not appear to be based on a proper assessment of its utility.
With the advent of modern communication technologies and digital operations, the biannual move of offices between Srinagar and Jammu has largely become redundant.
There is a need to review the government order governing the operationalization of offices in both wings of the civil secretariat and to designate headquarters for secretaries to the government.
An audit of the functioning and stationing of officials over the past three years would reveal how brazenly the government order has been breached, even in the presence of the Lieutenant Governor, Advisors to the Lieutenant Governor, and Chief Secretaries.
Offices stationed in Srinagar do not operate with full strength during the May-October months, as evidenced by the issuance of orders from Jammu and the movement of senior officers outside the Valley, with no corresponding tours to Srinagar during November-April.
However, rationalization is required in the list of offices whose headquarters have been fixed without analyzing the need for it. Apart from a 50:50 distribution with working camp offices in Srinagar and Jammu Secretariat, departments like Industries & Commerce and Forest & Environment could be swapped between the summer and winter capitals.
If the positioning of secretaries to the government is aligned with the ministers, there should be no relaxation for the heads of departments.
They should be prohibited from opening camp offices, which lead to indiscipline, and apathy towards the public, and undermine the rationale behind the rationalization of the Darbar Move concept.
The notion that the Darbar Move has a positive impact on Jammu’s local economy is exaggerated. At any given time during December-March, there are one to two lakh people from other parts of the UT in Jammu.
These people spend significantly on household and luxury products, as well as other domestic needs, in Jammu’s markets throughout the year.
This segment of local tourists comprises an affluent and middle-class population that contributes to the local economy much more than the two to three million “Chana tourists” could potentially be expected to do.
Return of Migrants
All political parties vociferously advocate for the return and rehabilitation of Kashmiri migrants, but they lack a clear “Action Plan.”
The reality is that almost 90% of the migrants have sold their ancestral or self-acquired properties, and their rehabilitation is contingent upon the availability of land, which is scarce in the Kashmir Valley and is therefore expensive beyond the imagination of outsiders.
One might have anticipated the use of state land or community-assigned land, free from encumbrances, but such parcels of land have mostly been allocated for the development of industrial estates, leaving very little available.
Faced with land constraints, it would be prudent if migrant estates, not yet alienated through the prescribed legal processes, are acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013.
Meanwhile, the provisions relating to land alienation in the J&K Migrant Immovable Property (Preservation, Protection, and Restraint on Distress Sale) Act, 1997, should be suspended until a policy decision is made for their use for returning migrants.
Duplex-type settlements are likely to encourage migrants to return to their roots. Depending on the success of the resettlement objectives, the process could be gradually extended.
Priorities should be given to individuals whose land falls under acquisition, followed by employees appointed and posted in the Kashmir Division and those who have long ago expressed their willingness to return.
Urban Renewal
Recently, the Housing and Urban Development Department (H&UDD) issued two policy documents: the J&K Policy for Grant and Utilization of Transferable Development Rights (TDR) 2024 and the J&K Land Pooling Policy 2024.
Under the former, areas identified within the local areas of Srinagar and Jammu Development Authorities for public projects and civic amenities will be termed “Generating Areas.” Landowners will be awarded TDRs in lieu of compensation, and the land will be transferred to the competent authority through a registered gift deed, free from all encumbrances.
These TDRs entitle a landowner to utilize beyond the permitted land use norms, equivalent to 400%, 250%, 300%, and 100% of the buildable area/Floor Area Ratio of the surrendered land in “Receiving Areas” (RA), depending on the nature of the project. The RA could be the remaining area of the transferred land or a contiguous area notified for this purpose.
This innovative approach aims to densify or decongest areas, or both, creating demand for commercial and residential accommodations while facilitating projects such as road widening, housing, and the conservation and development of water bodies.
In the United States, 90% of such projects have failed to achieve the desired results, but in the Indian states of Maharashtra and Gujarat, these concepts have evolved over a decade.
Under the latter policy, land pooling by multiple landowners for unified planning and servicing occurs, with a consortium consisting of landowners and development/business/corporate entities taking 60% of the developed area, and the remaining 40% vesting in the respective development authority.
Under both policies, the government, by employing innovative methods, absolves itself from making substantial and unmanageable investments in building urban infrastructure and other related amenities.
Considering the actual prevailing market rates of land, which are three times higher than the rates fixed annually by the Deputy Commissioners, land donors in Generating Areas may not generate commensurate assets on a value-to-value basis by selling or using TDRs in Receiving Areas. The possibility of being affected by a “Buyer’s Market” cannot be ruled out, especially considering the low demand for commercial and corporate spaces in Receiving Areas.
In land pooling, landowners and developers are expected to bear the cost of external allied projects of the colonies, while the consortium of landowners is responsible for internal development. This could potentially lead to plots and apartments becoming unaffordable for locals.
In road widening projects, where the remaining landforms Receiving Areas for utilizing TDRs, there could be two types of structures, both of which grotesquely mock the architecture of ancient cities.
Despite the introduction of these policies, political parties have not yet presented their perspectives on these policies, nor have the election manifestos of the three regional parties articulated their stances on them.
*The author is an IAS (Retd) officer and former Chairman of the J&K Public Service Commission.
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