Rajan Gandhi
After BJP’s withdrawal of support from PDP democracy is on the roller coaster ride. Daily we are listening to statements from different political quarters, some demanding dissolution of assembly, others interested in forming the Government with a fresh coalition in the name of democracy. In between Central Government replaced the Governor and PM from Red Fort on 15th August wished grass root level democracy in the shape of Panchayat and Urban Local Bodies elections in J&K. Rightly keeping with the intentions of the Centre, state administration announced the holding of the elections as participation of masses is must for a vibrant democracy, though elections for Anantnag parliamentary constituency has not been held till date on the ground of law and order situation in Kashmir. In between case of Article 35A was scheduled to be heard in Supreme Court on 31st August 2018 and State Government asked for adjournment till completion of these elections. Through media came out the news that ASG has admitted discrimination / discrepancies in Article 35 A in SC and then came the statement of NSA , Ajit Doval, stating that constitution of J & K is an aberration. Immediately NC’s core group held a meeting and subsequently Dr. Farooq Abdullah announced boycott of local elections despite the fact that few days back only he was chanting ‘Bharat Mata Ki Jai’ and a statement that future of Kashmir is with India only. It’s interesting to note that separatist of Kashmir have already given a boycott call of these polls and not long ago for same Dr.Farooq Abdullah stone pelters were fighting for resolution of Kashmir problem. It is more interesting that same NC participated in peaceful LADHC Kargil elections and Dr. Farooq successfully contested Srinagar Parliamentary elections amid call of boycott at that time also.
On revisiting the history one is amused to find out that it’s not the first time that NC has been indulging in flip flop politics. What they did prior to independence is known to everyone, asking for an elected Government before deciding the fate of the state, making it difficult for Maharaja to take a final call and ultimately gave unconditional support to Maharaja for accession to India once Pakistan backed tribal attacked Kashmir. NC got it’s will prevailed as Sheikh Abdullah was sworn in as Wazir e Azam with 8 members of cabinet , Mirza Afzal Beg of Plebiscite Front later on Chief Negotiator during Indira-Sheikh accord , one among them and his bête-noire Maharaja Hari Singh was forced to live in exile in Mumbai. Under Sheikh Abdullah only elections for the Constituent Assembly were held ‘to ratify accession of J&K to India’ in 1951, with all 43 NC candidates declared unopposed from Kashmir, 13 nomination papers of Praja Parishad candidates were rejected, Praja Parishad then boycotted the elections citing Sheikh Abdullah Government’s illegal practices and official interference and subsequently two independents withdrew at the last moment making it a clean sweep in Jammu also and in Ladakh, the Head Lama, Kushak Bakula and an associate won seats, as nominal members of NC. Some saner voices argued with Jawaharlal Nehru to allow Ghulam Mohiuddin Karra’s group in the Kashmir Valley as an opposition group in the state. While Nehru agreed in principle but he stated that nothing should be done to weaken Sheikh Abdullah. The manner of elections indicated that the NC elites wanted to govern Jammu and Kashmir as a party state as their slogan was “One Leader, One Party, One Programme”.
Special mention of GM Sadiq who was elected as First Permanent President of Constituent Assembly and Bakshi Gulam Mohammad who was Deputy Prime Minister of this Government. Who signed ‘Delhi Agreement’ of 1952 and what were agreed clauses in the agreement? NC signed and important things agreed upon were sovereignty in all matters other than those specified in the Instrument of Accession would reside with the State, the State Legislature was empowered to make laws conferring special rights and privileges on state, the state would also have its own flag, the state was to have a Wazir e Azam instead of a CM and a Sadr-i-Riyasat instead of Governor as head of state. The Sadr-i-Riyasat was to be elected by the state assembly unlike Governor which is nominated by President of India, the chapter relating to ‘fundamental rights’ in the Indian Constitution could not be made applicable to the state, Supreme Court of India will have only appellate jurisdiction, the Government of India even agreed to the modification of Article 352 (emergency powers) in its application to Kashmir. Despite these concessions agreed upon Sheikh Abdullah conspired, was dismissed, arrested and Bakshi Gulam Mohammad of NC was made PM. Bakshi Ghulam Mohammad in his radio broadcast said that “A fraud was being committed on the interests of the country. The slogan of independence was dangerous. Under the control of an imperialist power an independent Kashmir would have been a serious danger for the people of India and Pakistan….” Which party Bakshi Ghulam Mohammad belonged, it was NC only.
Consequently Kashmir Conspiracy Case was filed by State Government and Government of India in 1958, for which trial began in 1959 but was withdrawn in 1964 as a diplomatic decision after Hazaratbal episode. In the meantime Plebiscite Front was formed by Mirza Mohammad Afzal Beg in 1955 and the chaos for regaining power continued. In 1964 NC merged with INC ( Indian National Congress) and in 1965, GM Sadiq , Wazir-e-Azam, Karan Singh Sadr-e-Riyasat , took on the new titles of CM and Governor after 6th amendment of state constitution which was challenged in state HC , was called illegal by single judge order in 2015 but was stayed by Division Bench in 2016.Different amendments took place to take corrective course of action time to time of course under NC or NC merged with INC. The shift in power balance in the subcontinent in favour of India, following the Indian victory in the 1971 India-Pakistan War, led Sheikh Abdullah to the conclusion that he had little choice except to follow the terms India dictated. All powerful Indira Gandhi dealt heavily with the Kashmiri demand for plebiscite as she stated that it was inconceivable to accept Sheikh Abdullah’s demand for the restoration of the pre-1953 relationship between Kashmir and India because “the clock could not be put back in this manner”. In 1975, Sheikh Abdullah dropped his demand that the people of Kashmir be given the right to self-determination. Abdullah, whose popularity since 1953 arose from his opposition to India agreed to accord. The agreement, restated the conditions of Jammu and Kashmir’s merger with India since 1953 with a “patently hypocritical clause” that the state’s administration would be maintained under Article 370. For record, 23 constitutional orders had already been made by the mid-1970s to integrate the state into the Indian Union and 262 Union laws had also been already applied to the state as and when required. Despite retaining Article 370, the state was called “a constituent unit” of the Indian Union. The Indian Government was able to control “the areas which mattered most” by being able to make laws concerning activities aimed at rejecting Indian sovereignty. The Accord only granted the state government the right to review those laws which were specifically from the Center and State’s shared list of “concurrent powers” extended after 1953 to the State. Only these laws could be considered for amendment or repeal. There were protests within the state to the Accord from Mirwaiz Maulvi Farooq who saw this as an abandonment of the Kashmiri people’s self-determination. Clashes occurred between the Awami Action Committee and the Plebiscite Front. There were also protests from Jammu where Jana Singh supporters called for abrogation of Article 370 and a complete merger with India. But who signed the Accord, it was NC only for the sake of power.
Similarly in 1987 elections, before the onset of militancy, there were allegations of mass rigging and who retained power, it was NC only again. In the present context it is interesting to observe that various amendments had been incorporated by GoI before Dr. Farooq Abdullah took over as CM, why he accepted CM chair then, PRC certificate ruling was given in 2002, why again NC accepted chair of CM afterwards and lastly NC Government’s recommendations of State Autonomy Committee was rejected by then NDA Government of Atal Bihari Vajpayee, why had he not resigned then? So the million dollar question is why this U turn policy has been adopted by NC now.
Is it a secret pact posturing with separatists or with Central Government? Farooq Abdullah has been charge sheeted by CBI in JKCA scam and his Lalu Parsad like fate hangs in balance; is this secret of his Pro India chants or boycotting the elections like separatists is the real face of NC? Or is it fear of guns and subsequent loss in Kashmir which has influenced their decision or is it another strategy to boycott these elections to align with separatists and public to regain lost ground before 2019 Parliamentary Elections or will Farooq Saheb resign from Lok Sabha also on the altar of Article 35 A? Answers to all these questions lie with NC only and obviously they are not easy to answer as demonstrated by Dr Farooq Abdullah in his press conference where he refused to take any questions on the same. If NC is right now, were they wrong in the past is the question of masses? Ultimately NC cannot have the democracy the way they want.
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