Deep Notes

Jammu and Kashmir and Cross-Border Terrorism

The reorganisation of August 2019 and Article 370, the Line of Control, infiltration and cross-border terrorism, and the forces deployed in the Union Territory

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At a glance
ImportanceHigh
Deep NotesJammu KashmirArticle 370Reorganisation 2019Line Of ControlCross Border TerrorismInfiltrationCRPF

Why this matters for CAPF

Jammu and Kashmir is the most intensely guarded internal-security theatre in India, with the largest concentration of central forces, and the CRPF, the BSF and the J&K Police all operate there. A CAPF officer is very likely to serve in the Union Territory. The examination tests the constitutional change of 2019, the geography of the Line of Control, the mechanics of infiltration and cross-border terrorism, and the forces deployed. This note assembles them. The border itself is in indo pak border and relations; the legal counter-terror machinery is in terrorism and counter terrorism; the forces are in the five capfs in depth.

The static spine is anchored to the Constitution (Art 370, Art 35A), the Jammu and Kashmir Reorganisation Act, 2019, and the MHA Annual Report. Infiltration and incident numbers are revised each year; treat them as the standard reference picture and verify the latest MHA Annual Report.

The constitutional background: Article 370

Article 370 of the Constitution gave the State of Jammu and Kashmir a special, temporary status, the product of the circumstances of accession in 1947. In practice it meant that, save for defence, external affairs and communications (the subjects of the Instrument of Accession) and a few others, the Union's laws applied to the State only with the concurrence of the State government, and the State had its own Constitution and flag. Article 35A (added by a 1954 Presidential Order) empowered the State to define its "permanent residents" and to reserve certain rights (land, employment, settlement) to them.

The reorganisation of August 2019

On 2019-08-05, the Government moved to change the status of Jammu and Kashmir.

Step What happened
Presidential Order (5 August 2019) Superseded the 1954 order; effectively made all provisions of the Constitution applicable to Jammu and Kashmir, and rendered Art 370 inoperative
Parliamentary resolution Recommended that Art 370 cease to be operative
Jammu and Kashmir Reorganisation Act, 2019 Reorganised the State into two Union Territories: the Union Territory of Jammu and Kashmir (with a legislative assembly) and the Union Territory of Ladakh (without a legislative assembly), with effect from 2019-10-31

Article 35A fell with the change. The Supreme Court, in In re Article 370 (the constitution-bench judgment of December 2023), upheld the abrogation of the special status and the validity of the reorganisation, while directing that steps be taken towards the restoration of statehood and the holding of assembly elections. The result is that Jammu and Kashmir is now governed as a Union Territory under the general constitutional framework. Verify the latest position on statehood restoration.

The Line of Control and the geography

  • The Line of Control (LoC) is the military line dividing Indian-administered Jammu and Kashmir from Pakistan-administered territory. It originated as the Cease-Fire Line of 1949 (after the 1947 to 48 war) and was redesignated the Line of Control by the Simla Agreement of 1972 (after the 1971 war). It is not an international border; it is a line of military control.
  • Beyond the LoC to the north, the Actual Ground Position Line (AGPL) runs along the Siachen glacier, which India has held since Operation Meghdoot (1984).
  • The international border (the working boundary in the Jammu sector) is held by the BSF; the LoC is held by the Army. The hinterland is policed by the CRPF and the J&K Police.

Cross-border terrorism and infiltration

The central security challenge in Jammu and Kashmir has been terrorism sponsored and supported from across the border, with armed groups infiltrating across the LoC and the international border to carry out attacks. The principal proscribed organisations associated with this include Lashkar-e-Taiba and Jaish-e-Mohammed, both banned under the UAPA and listed by the UN.

  • Infiltration is the crossing of armed militants across the LoC, often under cover of difficult terrain, snow and the fence gaps.
  • The counter-infiltration grid combines the Army's anti-infiltration obstacle system along the LoC, the BSF on the international border, electronic surveillance, and the hinterland operations of the CRPF and the J&K Police.
  • Major attacks attributed to cross-border terror include the attack on Parliament (2001), the Mumbai attacks (2008), the Uri attack (2016) and the Pulwama attack (2019); these shaped the counter-terror response and the diplomacy. The forces and the legal machinery against terrorism are in terrorism and counter terrorism.

The forces deployed

Force Role in Jammu and Kashmir
Indian Army Holds the LoC and the AGPL; counter-infiltration and counter-insurgency in the forward areas
BSF Guards the international border (the working boundary) in the Jammu sector
CRPF Internal security and law and order in the hinterland; the largest CAPF presence in the UT
J&K Police The first responder; the State (now UT) police, with its own counter-insurgency record
Rashtriya Rifles A specialised Army counter-insurgency formation

Jammu and Kashmir has historically had the densest force concentration in India, reflecting both the external threat across the LoC and the internal-security challenge in the Valley.

The human-rights and "hearts and minds" dimension

Counter-terrorism in a populated theatre raises the same rights-and-security tension as elsewhere, sharpened by the political sensitivity of the region. A force operates under Art 21, the NHRC mechanism, and the principles of necessity, proportionality and minimum force, with attention to avoiding civilian casualties and the alienation of the population. The "hearts and minds" approach, combining security with development, governance and outreach, is the standing doctrine, on the logic that the population's confidence is the real centre of gravity. The interview board may probe how a young officer would balance firmness against restraint in such a theatre; the answer is the rule of law and minimum force, not a choice between security and rights. See afspa and the human rights debate and human rights and internal security.

Last-mile recall

  • Article 370 gave Jammu and Kashmir a special, temporary status; Article 35A (1954) let the State define permanent residents.
  • On 2019-08-05 a Presidential Order rendered Art 370 inoperative; the Jammu and Kashmir Reorganisation Act, 2019 created two Union Territories, J&K (with an assembly) and Ladakh (without one), with effect from 2019-10-31.
  • The Supreme Court upheld the abrogation in the In re Article 370 judgment of December 2023 and directed steps towards statehood and assembly elections.
  • The Line of Control originated as the Cease-Fire Line of 1949 and was redesignated by the Simla Agreement of 1972; it is a military line, not an international border.
  • The AGPL runs along the Siachen glacier, held by India since Operation Meghdoot (1984).
  • The Army holds the LoC; the BSF holds the international border in the Jammu sector; the CRPF and the J&K Police hold the hinterland.
  • Lashkar-e-Taiba and Jaish-e-Mohammed are the principal proscribed cross-border terror groups, banned under the UAPA.

Common confusion

Often mixed up The correct position
LoC vs international border The LoC (Army) is a military line in J&K; the international border in Jammu (BSF) is the working boundary
Art 370 vs Art 35A Art 370 gave the special status; Art 35A (1954) let the State define permanent residents
Two UTs in 2019 Jammu and Kashmir (with an assembly) and Ladakh (without one)
LoC origin The Cease-Fire Line of 1949, redesignated by the Simla Agreement of 1972
Who holds the LoC The Army, not the BSF

Memory hook

  • "370 special, 35A residents, 2019 reorganisation, two UTs."
  • "Cease-Fire Line 1949, Line of Control 1972 (Simla)."
  • "Army on the LoC, BSF on the IB, CRPF in the hinterland."

Night before

  • Article 370 and Article 35A, and what they did.
  • The 2019 reorganisation: the Presidential Order of 5 August, the Reorganisation Act, and the two Union Territories from 31 October.
  • The 2023 Supreme Court judgment upholding the abrogation.
  • The LoC (1949 Cease-Fire Line, redesignated 1972), the AGPL on Siachen, and the force-holding pattern.
  • Cross-border terrorism, infiltration, and the proscribed groups (LeT, JeM).
  • The forces (Army, BSF, CRPF, J&K Police, Rashtriya Rifles) and their roles.

Authored practice (not verbatim PYQs)

Q1The Jammu and Kashmir Reorganisation Act, 2019 created.
  1. Aone Union Territory
  2. Btwo Union Territories, Jammu and Kashmir and Ladakh
  3. Cthree States
  4. Da special status State. Answer
  5. B. J&K has an assembly; Ladakh does not.
Q2The Line of Control was so designated by which agreement.
  1. Athe Tashkent Declaration, 1966
  2. Bthe Simla Agreement, 1972
  3. Cthe Lahore Declaration, 1999
  4. Dthe Indus Waters Treaty, 1960. Answer
  5. B. It originated as the Cease-Fire Line of 1949.
Q3In Jammu and Kashmir, the international border in the Jammu sector is held by the.
  1. AArmy
  2. BBSF
  3. CITBP
  4. DCRPF. Answer
  5. B. The Army holds the LoC.
Q4Article 35A, which empowered the State to define its permanent residents, was added by.
  1. Aa constitutional amendment in 1956
  2. Ba Presidential Order in 1954
  3. Cthe Reorganisation Act, 2019
  4. Dthe Simla Agreement, 1972. Answer
  5. B.
Q5The Actual Ground Position Line runs along the.
  1. ALoC
  2. Binternational border
  3. CSiachen glacier
  4. DSir Creek. Answer
  5. C. India has held Siachen since Operation Meghdoot (1984).

Glossary

  • Article 370: the provision that gave Jammu and Kashmir a special, temporary status.
  • Article 35A: the 1954 provision that let the State define its permanent residents.
  • Reorganisation Act, 2019: the Act that created the two Union Territories.
  • LoC: the Line of Control, the military line dividing Indian and Pakistani-administered Kashmir.
  • AGPL: the Actual Ground Position Line on the Siachen glacier.
  • Infiltration: the crossing of armed militants across the LoC or the border.
  • LeT and JeM: Lashkar-e-Taiba and Jaish-e-Mohammed, proscribed cross-border terror groups.
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