Chanakya Charan Dass – Tikri
The Hon’ble Supreme Court of India (HSCI) has commenced hearings on the legalities of the in-operationalisation of Art 370 by the Indian Parliament. The decision of the HSCI shall be keenly awaited which will have far reaching consequences for the country – nationally and internationally.
However, it’s important to understand the background and consequences of adoption of the temporary article 370 (original 306A) by the Indian Parliament on 17th October 1949.
A scan of the events leading to partition of India under India Independence Act of the British Parliament and thereafter reveals that Nehru was so much enamoured by Sheikh Abdullah and brimming with his personal hate for Maharaja Hari Singh (following his detention at Kohala while trying to cross into J&K state on 21st June 1946) that he had ceased to recognise the autocratic and deceptive side of the Sheikh. His Kashmiri ancestry also played a part as Nehru considered himself to be from Kashmiri descent.
While the Sheikh was clear in his motives, as can be seen from his statement on 22nd Oct 1947 viz “freedom before accession” and similar or more strident statements even after the Instrument of Accession of J&K was signed by Maharaja Hari Singh, J L Nehru Govt was found to be dithering and unsure. In fact the Sheikh was more categorical about his intentions of an independent J&K with foreign government delegations and this was known to Nehru. It was the blind faith of Nehru in the Sheikh and scheming mind of the later that resulted in incorporation of the article 370 into Indian constitution and later the Delhi Agreement between the Sheikh and Nehru.
It also is a matter of critical examination as to whether Lord Mountbatten acted within his powers to accept instrument of accession conditionally as the India Independence Act only provided for accession to any of the two dominions and any other option was not on the table.
The ongoing war in J&K, the conditional acceptance of the instrument of accession by the GoI (subject to plebiscite) and Nehru’s reference of the hostilities to the United Nations emboldened the Sheikh to take a stand that could maximise his political gains at the cost of the Indian nation. Steadily, Nehru too felt the heat of the Sheikh’s autocratic manners and double speak especially during the run upto the Delhi Agreement in July 1952.
It is a well known fact that when the Sheikh met Dr. Ambedkar at the behest of Nehru to persuade him to pilot incorporation of the article in the constitution during the penultimate days of the drafting of the document, he refused to do so. Dr. Ambedkar had the foresight to see the fissiparous dimensions of such a dispensation to a particular state and the damage it would cause to the country. However, Nehru was adamant and assigned this job to Gopalaswami Iyengar.
This article, though of a far reaching consequence, was the least discussed article in the constituent assembly and Gopalaswami Iyengar referred to the ongoing hostilities in J&K as well as the promise of plebiscite to the people of J&K as the reason for introducing it. He also mentioned that J&K will have its own constituent assembly which will frame rules for the state and that the will of the people shall be determined through the instrument of the constituent assembly. Nowhere was it mentioned that J&K is being given this special dispensation as it is the only Muslim majority state of India.
Through article 370 and the Delhi Agreement the Sheikh succeeded in holding Nehru Govt. by the scruff of the neck. He presented himself to be the only saviour who could deliver Kashmir to India in case of a plebiscite, but this delivery was to be at a cost of his choice. This weakened the position of Nehru while strengthened the bargaining power of the Sheikh.
Sheikh Abdullah ensured through the constituent assembly of J&K that the monarchy is abolished, land reforms are passed, state flag is approved and then started dragging his feet on the implementation of the balance items of the Delhi Agreement.
Dr. Karan Singh mentions in his autobiography that Nehru had started feeling disgusted with the Sheikh during the formulation of Delhi Agreement and by November 1952 was “feeling perplexed in dealing with Sheikh Abdullah”. His perplexity turned to “let down by the Sheikh” by April, May 1953 and Nehru “expressed deep anguish at the way situation in the State was developing.” He admitted to Dr. Karan Singh that “he had no answer when asked in Parliament or outside as to why the Delhi Agreement had not been implemented” and that “the Sheikh had stopped replying his letters and was also trying to avoid meeting him.”
Dr. Karan Singh further mentions that “by now Sheikh was clearly on warpath. Despite repeated suggestions to visit Delhi, and an invitation from Jawaharlal to do so on 3rd July 1953, he refused to go down to the capital and discuss the whole situation”.
The breakdown in trust and communication with the GoI and open hobnobbing of the Sheikh with people inimical to the interests of India eventuality resulted in the arrest of Sheikh Abdullah on 08.08.1953.
Finally, the elected members of the constituent assembly of J&K approved the constitution of J&K, confirming accession of J&K to India which came into force from 26th Jan 1957.
Out of power Sheikh Abdullah and his party continued to fan the winds of separatism in J&K, especially Kashmir, in one garb or the other and their favourite weapon was Article 370.
What did article 370 eventually achieve?
It was responsible for creating a sense of alienation within the gullible Kashmiri people and provided a tool to blackmail India and filling up the coffers of a few members of the ruling elite. The Kashmiri political class devised a very cunning method of “running with India and hounding with Pakistan.” This technique also helped them to keep their real intentions under wraps and use the card of 370 to maximise their personal wealth and political standing. It might be ineresting to note that from 2000 to 2016 J&K received ?91,300 per person as central grant while a state like UP received only ?4300 over the same period.
Late Governor Jagmohan mentions in his book ” My Frozen Turbulence” that “article 370 became an instrument of exploitation in the hands of the ruling political elite and other vested interests in bureaucracy, business, the judiciary and bar. It set in a vicious circle. It bred separatist forces which in turn sustained article 370. Apart from the politicians, the richer classes found it convenient to amass wealth.”
He further wondered “what is the rationale, it’s raison d’être (of article 370)? What is so special about Kashmir that this article is not applicable to other states? If article 370 is there to protect and preserve the cultural entity of Kashmir, then such provision should have been made for all states. The need for preserving the cultural entity is common to all states. Could it be said that the cultural personality of Bengal or Kerala or Tamil Nadu needs no protection? What then has Kashmir got which other states of India do not have? Is it that it is the only Muslim majority state? Does it not follow that in the continuation of article 370, there is a tacit acceptance of the two-nation theory?”
Jagmohan writes that when other states seek autonomy, they are looking for devolution of financial and administrative powers for serving their people by providing quality and speedy service but when the Kashmir politicians cry from roof tops for article 370 they are not looking for advancing the case of peace and progress but for serving the interests of the “new elites” and the “new Sheikhs.”
Here is something that Governor Jagmohan would not say; what happens if West Bengal, Assam or Kerala turn Muslim majority states in near future (15/20 years)? Will they also be needing article 370?!
It is as a consequence of the article 370 and the sense of separatism it continued to create in Kashmiri society that J&K reached an unfortunate point in 1989/90 that a full blown crisis engulfed the state causing bloodshed and mayhem because of which close to 500,000 aboriginal Hindus of Kashmir had to flee their centuries old dwellings, environment and hearth in Kashmir and become refugees in their own country. More than 50,000 people got killed in the state because of the terrorism sponsored from across the border and supported by their ecosystem in Kashmir. The wrongdoings of the Kashmiri elite had reached ” inteha” level and finally the cup of woes spilled over.
It is at this time that Narendra Modi Government thought that enough was enough and decided to take the bull by the horns. They, like the Indian nation, were very clear in their belief that it had been too long for the country to succumb to the continuing blackmail of Kashmiri political class, who were continuing to enjoy the illegitimate fruits of their blackmail that were fructified and manured by article 370.
They resolved that the destiny of the people of J&K should be de-clutched from the self serving Kashmiri political class and linked to the aspirational new India and operationalised the spirit of “Ek Nishan, Ek Vidhan, Ek Pradhan” for which Dr. Shama Prasad Mukherjee sacrificed his life on 23rd June 1953 in the custody of the Sheikh’s Govt in Srinagar.
And thus the Narendra Modi Government in-operationalised the ill conceived temporary article 370 on 06.08.2019 rectifying the wrongs of Oct 1949.
After the initial hiccups there has been a remarkable change in the Kashmir valley post article 370. There are no “bandh Calendars issued” & strikes called. Schools, colleges, offices & business establishments are operational in the UT, including the Valley, as in any other part of the country. There is a total thrust on new infrastructure and development. Several educational institutes and medical colleges have been opened. Roads and tunnels being constructed to make travel easier for the people of J&K. Tourists from rest of the country and abroad are arriving in hordes and their number has broken all previous records. New hydropower projects are under construction that wills double the installed capacity of powerhouses in J&K in next 3 to 4 years.
There have also been unfortunate incidents of selective targeted killings, but the Government has always taken tough action against the perpetrators.
This atmosphere of heightened confidence and aspiration needs to be continuously cultivated and strengthened further so that J&K in general and Kashmir in particular doesn’t fall once again into the spiral of bloodshed and mayhem. Today J&K has come out into the open, away from the dark shadow of the ill-conceived article 370!!
It’s hoped that the Hon’ble Supreme Court of India will look into all aspects of the article 370 before coming to a conclusion in this regard.
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