news details |
|
|
| NC actually demanding a step short of independence | | Causes of unreat | | Early Times Report
jammu, Aug 27: The ruling National Conference (NC) is again and again demanding restoration of pre-1953 position, saying this is the only solution available to end unrest in the Kashmir Valley. Will a return to the pre-1953 situation in Kashmir redress the grievances of the Muslims of Kashmir and recognize their right to shape their political and economic future? A study of the political, constitutional and administrative structure as it existed in Jammu & Kashmir prior to Sheikh Abdullah's dismissal and arrest on August 9, 1953 suggests that it will not. Rather, all the powers, legislative, executive and judicial would be conferred on the "Council of Ministers", depriving the Kashmiris of whatever political rights they have exercise so far.
Between September 7, 1939 and January 26, 1957, the Jammu & Kashmir Constitution was ostensibly used by the State ruler, Hari Singh, to placate the Kashmiris. Under the leadership of Sheikh Abdullah, they were demanding since 1931 the replacement of autocracy by democracy. Though a Legislative Assembly (Praja Sabha) of 75 elected and nominated members was set up in accordance with the Jammu & Kashmir Constitutional Act of 1939, Sheikh Abdullah and his colleagues continued their protest.
The "pro-democratic" leaders felt that the Act of 1939 obstructed the formation of a responsible Government and facilitated the exploitation of the people. The Act was also condemned because it was not framed by a Constituent Assembly elected on adult franchise, but by the ruler and his henchmen. Without any elected Assembly, the Act recognized the ruler as the "fountain head of all essentials attributes of sovereignty" with no court, person or body having the right to overrule his measures or question their constitutional validity. The Act did not also recognize the "doctrine of supremacy of the legislature" nor did it provide for an independent judiciary or grant freedom to the press. The institution of "communal electorates" was also introduced by the Act.
When, despite their efforts, democratic principles were not introduced in the State's polity, Sheikh Abdullah and other "pro-democracy" leaders intensified their struggle to seek the withdrawal of the Act of 1939. This struggle ultimately developed into the "1946 quit Kashmir movement", with the NC cadres challenging the ruler's authority, confronting the police, attacking police stations and symbols of the Government and demanding the dethronement of Hari Singh and establishment of an elected Government. To restore peace, the police and the Army had to swing into action and imprison Sheikh Abdullah and other "pro-democracy" leaders on the charge of "sedition".
Under these circumstances and in the wake of the Pakistani aggression, Jammu & Kashmir acceded to the Indian Dominion on October 26, 1947. Unfortunately, the State's accession and the Sheikh's appointment as its Emergency Administrator" in October 1947 did not bring any relief to the people. For the Sheikh rather than repeal the Act of 1939, chose to exploit it to strengthen his own position, marginalize his associates like Bakshi Ghulam Mohammad, Ghulam Mohammad Sadiq, Mohi-ud-Din Karra and Maulana Masoodi and crush his political opponents in Jammu and Ladakh. It was only during the rule of Bakshi Ghulam Mohammad (August 1953-September 1963) that a number of progressive measures were adopted to set up democratic institutions in the State. These included the abrogation on May 14, 1954 of Section 75 of the Act of 1939 under which the "Council of Ministers" acted as the "final interpreter of the State's constitution". "His Highness's Board of Judicial Advisors" was abolished on May 14, 1954, the jurisdiction of the Supreme Court was extended to Jammu and Kashmir and on January 26, 1957 the people's representatives in the State's Constituent Assembly enforced a new constitution recognizing the people's right to shape their administrative, social and economic policy. The press was also granted full freedom.
Ignoring the implications of a return to the pre-1953 situation in Jammu & Kashmir would be suicidal. The roots of the Kashmiris' alienation lie not in the central laws introduced in the State after August 9, 1953, but in the misrule, bureaucratic bungling and the denial of the legitimate expression of popular will. To conciliate the "alienated Kashmiri Muslims" and others in Jammu & Kashmir a fair, people-oriented political dispensation is needed. To evolve it the Union Government has to discard the vested interests in the State's political establishment and help the people of the state obtain a Government that can deliver and address their day-to-day concerns and needs and that also takes on and neutralizes those who indulge in rabble-rousing to promote their own personal interests. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
