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| Parliament should discuss political and constitutional status of J&K | | A look through the mist | | Daya Sagar
Rather, if possible, the media trials of J&K affairs must stop now Times demand that an ultimate debate must take place in the Indian Parliament on the political and constitutional face of the State of J&K ..Facts like the one that must be kept in view could be that in 1947 the Princely State of Hydrabad too was a “senior” princely State that also had ( though symbolic) her own currency, also own postal stamps, her own army as well as her own Air Lines. Nizam of Hyderabad Mir Usman Ali Khan had even sent his representative in 1948 August to UN Security Council , it was in September 1948 that his army surrendered before Bharat and it was after one year of that in November 1949 that the Nizam of Hydrabad had expressed total confidence /acceptance for the future Constitution of India . No difference / confusion was left with Hydrabad. So, the point that emerges for a rational review is that why did the then Jawahar Lal Nehru Government treat Sheikh Mohd Abdullah differently for J&K. What were the compulsions for Nehru ? Where as there was no apparent hindrance for a Hydrabad like total constitutional integration from the Maharaja of Jammu & Kashmir ( Hari Singh ) or the then Regent Karan Singh. In case answer to such like questions are explored from / by Indian National Congress, it will not be difficult for Delhi to infuse desires for total constitutional integration like other Indian States in the minds and hearts of “those people” of J&K who have so far more known their selves as special citizens of India ..
The other thing that needs to be seriously looked at is that the Constituent Assembly of J&K had ratified in February 1954 the 1947 Accession of J&K putting also a formal seal of the people of J&K on the accession. Even then what was the need / compulsion for keeping a “separate constitution” for J&K is another question that needs a must answer under the present day circumstances. So far Delhi Governments / leaders have not seriously / logically / honestly / properly attended to the questions raised in the name of special status of J&K / conditional accession of J&K / Kashmir dispute/ political solution over the years providing enough grounds to the separatists as well as some mainstream leaderships to gather some support both with in India as well as at the international levels.
The subjects and jurisdictions of the Center and States have been classified under Article 246 of Indian Constitution ( 1950) as (1)UNION list, (2) State list and ( 3 ) Concurrent List. In case there was some different criteria needed for J&K then as regards Jammu Kashmir different Union and Concurrent lists could be kept instead of keeping different rights / jurisdictions for J&K by the name of a separate Constitution. It is the grant of special rights under Indian Constitution to J&K in the name of “ J&K Constitution “ that has cultivated more of difficulties for India . This has also provided some grounds for use by those who accuse Delhi for not honoring the special commitments made by the then GOI / Prime Minister with “Kashmiries” in 1947 thereby keeping Kashmir affairs in turmoil. .
The “Parent” to special provisions (still named as temporary even after 6 decades ) for J&K is Indian Constitution itself. So Article 370 or J&K Constitution can not be seen / conceived in isolation to the Indian Constitution. May be in 1950 the political leadership of India ( Congress) was carrying the fatigue of the freedom struggle / got tired and hence might not have been able to exercise that wise vigil, shrewdness and care for regarding minute diplomatic details while drafting the Constitution of India .It can also not be denied that they ( leaders ) would not have been able to minutely read the mindset of some of their own people..But at this stage the Hindustanies will have to collectively settle for paying the price for the intentional / unintentional mistakes or let us say for the “ truthfulness” of their elders instead of remaining lost in controversies / political fault finding.
No doubt there is also a need for proper clarifications / explanations of the time to time statements made regarding Kashmir affairs by the senior Indian leaders like Jawahar Lal, Narasimha Rao, Atal Behari Vajpayee, I K Gujraj, Man Mohan Singh etc for the satisfaction of common man of J&K ( particularly those from Kashmir Valley). Along with fighting the extra territorial enemies & disruptive elements Hindustan has to also simultaneously fight socio intellectual battles at local levels. Had such approach / actions been taken earlier the conditions would not have been so difficult that the return of the Kashmiri migrants( primarily because they are the Hindu who contest/ declare Kashmir as Bharat ) does not appears in sight even after 20 years of migration .It could be inferred that return is still not the priority number one for GOI..
As said earlier some visionaries do suggest that keeping in view the circumstances that prevailed in 1947 as well as with a view to keep some checks on the future governments J&K State was given a written “maryaada” in the name of a Constitution. There could be many who can debate the inferences since the term “ J&K Constitution” has been used for the purpose.
First Constitution (Application to Jammu and Kashmir) Amendment Order was made by the President on 26th January 1950. After that Jammu Kashmir Constituent assembly had ratified the Accession of 1947 on 6th February 1954 and put even the extra seal of the mass public opinion on the same. Still it was three months after that on 14th May 1954 another order was issued by President under article 370 in which the spirit of the 1952 said agreement clearly emerged. Much before the J&K Constitution was adopted ( 1956/57) the then Indian PM Jawahar Lal Nehru had entered ( 1952 ) into an agreement with Sheikh Mohd Abdullah, who was appointed ( in 1948 ) his ( Hari Singh’s ) Prime Minister by Maharaja Hari Singh . Some terms of Delhi Agreement later became the part of J&K Constitution like PRC ( State Subjects of J&K), separate Flag of J&K, But it can also not be over looked that the people of other Indian states of India never questioned their leaders, where as there was more a need for same..
Similarly Article 35A of Constitution of India was incorporated much before the J&K Constitution was adopted .This article legitimizes preferential treatment given to residents of J&K over other Indian citizens by Section 8 and Section 9 of J&K Constitution ..
All such like actions were legitimized by Indian Elders and not by the people of J&K. Article 370 too has been drafted by the people of India. So it is not fair to raise fingers on the Kashmiries only. It can not be ignored Section 3 of J&K Constitution states that J&K will remain an in separable part of India..
So on such like issues there should be deliberations at the national level ( all India ) ; in the Lok Sabha and Rajay Sabha more particularly. Without this the constitutional deficiencies / infirmities that emerged due to Delhi Leaders of 1950s can not be so simply removed in a constitutional manner. This is other wise also in the Indian interest for fighting the anti India elements who do otherwise use Article 370 / JK Constitution for presenting the Kashmir affairs before the innocent common man in their own style..Parliament should discuss the political and constitutional status of J&K, it should also discuss Autonomy Resolution 2000 and PDP Self Rule as well as suggestions for reorganization of J&K State ( needs and technicalities). One thing is sure that with such like debate in parliament atleast all political leaders shall have to clearly express / disclose their opinion as regards the trueness / extent of 1947 Accession of J&K with India. Accession related issues would surely get some settlements. Truthfulness of the politicians towards the view points they often profess would too be known. Common man of J&K would get out of confusions . Phir bhi agar Jammu Kashmir ke kush log khaas prabhdhanaon ko rakhana chahtae hain to oon ko bhi samjaana hoga ki kayon jeh oon ke liyae theek nahin hain Even uncertain policies of New Delhi on demands like .Autonomy Resolution and Self Rule to have the must need for such like discussion . It has to be done and why not now in 2011 itself?
( * Daya Sagar is a Sr coloumnist of Kashmir affairs and a social activist [email protected]).
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