Vikas Kapoor
Till August 4th, 2019, J&K constitution states as below vis a vis Constitution of India –
Indian Constitution : “We the people of India….”
J&K Constitution : We the people of J&K…”
How people of J&K are different from the people of India? This language gives the impression as people of J&K are different from people of India.
Preamble to J&K Constitution says Unity of Nation, where as the Preamble to Indian Constitution says Unity and Integrity of Nation. The linkage to Integration is missing. This seems to be the root cause of subversion, secessionism, separatism, terrorism,militancy,pre-1953, pre – 1947, azadi, autonomy & / Self rule. The only separate constitution of J&K in the Indian polity facilitated the growth and continuation of corrupt oligarchies and Personal aberrations.
To recall history of Partition – All 563 princely states except three – Hyderabad, Junagarh & Jammu and Kashmir acceded to India through the Instrument of accession under aegis of Government Act of 1935 and Government act of 1945. If Hyderabad and Junagarh were not contentious then why Jammu and Kashmir was so? It is unequivocally clear that the Instrument of Accession was unconditional. Maharaja Hari Singh had never used the term “Will of the people” or “Wish of the People” or “Plebiscite”. The accession was accepted by the Government of India on 27th October 1947. The accession was regarding the undisputed geographical and political territorial boundaries of the state as they stood on the map of J&K state as on August 15th,1947 and 26/27th October 1947.The crisis brewed with the Oft-Hackneyed offer of Plebiscite alleged to have been made by Governor General Lord Mountbatten and the Prime Minister of India Jawahar Lal Nehru. The people of the state have had expressed their wishes through their representatives in the constituent assembly of India as well Constituent assembly of the state that accession is Final and Irrevocable.
In April 1948, the united Nations security council called for Plebiscite in Kashmir. Since Pakistan refused to withdraw troops, territory under illegal occupation of Pakistan came to be known as Pak Occupied Kashmir (POK) as well as Gilgit – Baltistan.
Shimla Agreement 1972 signed between India and Pakistan stating that the sanctity of actual line of control shall be maintained & Kashmir issue to be solved bilaterally. Plebiscite and UNO resolutions have been consigned to history, failing in their mission, Pakistan resorted to “proxy war” through sending terrorists to Kashmir. The separatists’ and Kashmir centric politicians got Financial (Hawala Transactions), and Physical support from Pakistan along with some Muslim countries to keep Kashmir pot boiling for their existence in Pakistan.
Article 370 Crept into Constitution of India surreptitiously. Some constitutional experts alleged that it was “Unnecessary and Mischievous Plan”. Dr B R Ambedkar was not at all, in favour of a separate and Interim status to be given to the state and he wanted Jammu and Kashmir to join India without any riders. He reportedly happened to convey that “you want India to defend Kashmir, give Kashmiris equal rights all over India but you want to deny India and Indians all rights in Kashmir, I am Law Minister of this country and cannot be a party to such betrayal of National Interest”.
The original draft of article 370 was drawn up by the Government of Jammu & Kashmir with ulterior motive on May 27th, 1949 and well before Constitution of India. On October 17, 1949, article 370 was included in India’s Constitution by constituent assembly. It is pertinent to highlight that except Mr Gopala Swamy Ayangar and Mr Maulana Hasarat Mohani, no other member of the constituent assembly did participate in the debate on the extent and content of Article 370 (306A). Hence, separate Constitution of J&K, a by Product of Article 370 was adopted on January 26th, 1957, resultant came into Operation -“Two Vidhaan, Two Pradaan and Two Nishaan”. Hence it created a Sovereignty with in Sovereign (India) permeating the feeling of a separate country as well as Separatism that germinates the movement such as Secessionism, Terrorism, Militancy, Azaadi, Self -Rule, or Autonomy.
History Rewritten on August 5th, 2019, when Home Minister Amit Shah recommended Abrogation of article 370 in Rajyasabha, of course is highly Volatile issue which even after 60 plus years No Government tried to wean away with, as there was “No Political will”.
Under this change, Questions arises -will it usher in a new era of peace, prosperity and social justice? Will it reject the cult of separatism, militancy and corrupt oligarchies? Will people be inspired to come forward to take up initiative for the establishment of ‘New Kashmir’? Will people of the J&K state be informed, involved to stand, surge, and have sustainable peace? Will the variables of good governance namely accountability, transparency, participation and involvement to be initiated to assuage the aspiration of the youth?
Major take away –
Approximately 106 Central andconcurrent laws will now be applicable to the state of J&K. Moreover, Amendment 73rd / 74th for Panchayats & Local bodies could get space in J&K. It deprived the state of J&K of substantial financial assistant from the Government of India.
Article 51 A relating to “Fundamental Duties” of the Constitution of India now will get extended to the state of Jammu and Kashmir, this seemed to be the genesis of disrespect to National Flag, National Anthem, and National Ethos by those who have scant regard for Constitutional culture and ethics. The state now will have One constitution and One Flag.
Ranbir penal code will now be replaced with Indian Penal code.
The delimitation of J&K Legislative Assembly, where the seats are heavily skewed in favour of the valley.
The biggest impact is likely to be on the Law and Order situation in J&K as policing goes to the central Government.
Ladakh’s struggle for their identity under article 370 (as it was deprived of any heed) have finally got its dues by becoming UT without legislature.
Article 35 A was off- shoot of article 370, ensured only permanent residents are entitled to property rights, employment in state Government, scholarships and other social benefits. With the deletion of this article, any Indian Citizen from any part of the country will be able to buy property in J&K, take a state Government Job and enjoy state benefits like scholarship. Children of women marrying outside Jammu and Kashmir will not lose property rights.
The deprivation of rights of permanent residents of J&K to the west Pakistan refugees who have been residing in J&K state for at least 70 years are gone away.
Minimum wages act will now be applicable in J&K.
Extension of Central Govt. facilities for J&K Govt. employees, Staff and security personnel like LTC, CGHS, Immediate release of pay commissions, enhanced DAs, HRA revision etc.
Another facet not noticed as much, is the fact that the Government undertook a Bifurcation of the state and not Trifurcation. I think people of Jammu will ultimately thank the Government for this decision, it justifies because Jammu linkages with Kashmir are historic and deeply ingrained. If geographical division would have taken along the Pirpanjal, it would have been perceived as a Religious division and would have been exploited by adversaries.
Several People of J&K are scary that they will lose Job land and other opportunities of their development. They have apprehension it will pose a threat to their identities; However, it is quite clear that the Government of India will devise strategies to assuage the inspiration and perceive needs of the youth. On the other hand, government of India (as also addressed by honourable Prime Minister on August 8th), is likely to develop infrastructure investment, Employment and other related facilities to develop a state of Jammu and Kashmir to fulfil the dreams of people. The way ahead would be :
Simultaneously – Accountability, Transparency and Public involvement will be ensured to check syphoning of grant-in aid.
Eliminate all back door and Illegal entrants into Govt. service, which is necessary to reduce the revenue deficit.
Extension of Central Govt. facilities for J&K Govt. employees, Staff and security personnel like LTC, CGHS,Immediate release of pay commissions, enhanced DAs, HRA revision etc.
Panchayati institutions shall be activated to ensure the economic sustainability of the farmer.
Focus will be on the area of Welfare especially Medical facilities, Education, Generation of employment through Government as well as Private sector, assuming Big Industrial houses will now be interested to set up units, BPOs, Medical units, etc.
The Government is also believed to be contemplating laws along the lines of those in Hill states like Himachal Pradesh limiting the types of land outsiders can purchase.
Re-Possess every Inch of Government land that has illegally & unjustifiably been occupied by politicians under the garb of Roshini Act.
Permit Kashmiri Pandits willing to go back to their localities / houses with security.
The promise to return to full statehood should act as a good motivator for the polity & the people.
In response to the Opposition’s criticism that the move was against the spirit of the constitution and will fuel large scale violence in Kashmir, Home Minister sought to directly reach out to the youth of Kashmir, asking “Give us Five years, will make J&K, the most developed state in the country” shall be taken in right spirit.
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