G.L. Raina
Kashmir-centric politics has, for decades, thrived on exclusivism – not merely as an occasional tendency, but as an entrenched political weapon. In essence, exclusivism is the systematic denial of space to dissenting voices, alternative ideas, and communities that do not conform to a narrow power structure.
While its roots go back before 1947, this political culture hardened after independence, acquiring official patronage and infiltrating every sphere – governance, economy, academia, and social life. What began as a political tactic evolved into a full-scale system of exclusion, where even those once denied a role eventually internalised the self-righteous arrogance of the ruling elite.
The 1949 Turning Point
The clearest example of this came on 27 May 1949, when Paragraph 4-A was inserted into the Constituent Assembly (India) Rules. Unlike the system envisaged earlier, where at least half of the seats were filled through elections by the state legislature, all seats allotted to Jammu & Kashmir could be filled by nomination – not by the Maharaja Hari Singh ji as per existing provisions, but by the “Ruler of Kashmir on the advice of his Prime Minister.”
In practice, this meant Sheikh Mohammad Abdullah, with the backing of Prime Minister Jawaharlal Nehru, seized full control over nominations – effectively excluding Ladakh and other dissenting regions/persons from India’s constitution-making process. This early manipulation set the precedent for future political exclusion in J&K.
Rigging Representation: The 1951 Assembly
The 1951 elections to the state’s Constituent/Legislative Assembly were another milestone in this project. All 75 seats went to the NC-Congress combine after nomination papers of all opposition candidates – especially from Praja Parishad – were rejected on flimsy grounds. From that point onward, exclusion was not limited to ideological rivals; even internal critics and former allies faced marginalisation, expulsion, and “social boycott”.
Religious minorities were systematically sidelined from public life – denied admissions in professional institutions, discriminated against in jobs and promotions, and politically silenced. Gerrymandering further reduced their electoral presence, shrinking representation from four MLAs in 1951 to zero by 2008 and 2014 – a feat repeated in 2024.
Exclusion as Policy
This process of exclusion was not a by-product of politics; it became a policy. Electoral space, party positions, and government posts were kept out of reach for minority communities, particularly Kashmiri Hindus, compelling them to seek justice through national platforms including the Supreme Court of India .
Post-2019: Dismantling the Architecture
The constitutional changes of August 2019 finally dismantled this architecture of exclusion. The Delimitation Commission acknowledged the non-representation of displaced minorities and recommended corrective measures. Parliament’s 2023 amendment to the J&K Reorganisation Act introduced Sections 15A and 15B, empowering the Lieutenant Governor to nominate members to the Legislative Assembly – without dependence on local political advice – ensuring voices excluded for decades finally had a platform.
Why It Hurts the Old Guard
For Kashmir-centric politicians, this reform was a direct blow to their decades-long project of political gatekeeping. Their discomfort is visible in the court challenge now underway. The Union Ministry of Home Affairs has rightly asserted that the Lieutenant Governor’s power to nominate members lies outside the realm of the elected government’s business – ensuring it cannot be hijacked for partisan ends.
What these leaders truly want are pliant nominees – individuals who would prop up their exclusivist agenda and protect entrenched interests. But representation in a democracy is not the privilege of the ruling class; it is the right of every community more so of disadvantaged sections of the society.
Conclusion
The court’s eventual ruling will be more than a legal decision – it will be a test of whether Jammu & Kashmir can finally break free from the political stranglehold of exclusivism. After decades of manipulation and disenfranchisement, justice to the deprived sections is not merely desirable; it is long overdue.
(The author is a former Member of the Legislative Council of erstwhile Jammu Kashmir state and spokesperson of BJP JK-UT)
Follow our WhatsApp channel
