Dr Ganesh Malhotra
On 5th August 2019 new Presidential Orders were promulgated which achieved the replacement of the Jammu and Kashmir Constitution with the Indian Constitution. Further, the Order also paved the way for invoking Article 370(3) by replacing the hitherto inoperable references to the “Constituent Assembly of the State” (which ceased to exist in 1956 once the J&K Constitution came into force), with the “Legislative Assembly of the State”. This way, it was made possible for the President to invoke the amended Article 370(3) through the second Presidential Order to overhaul the entire provision to cement the sovereignty of the Indian Constitution.
Abrogation of Article 370 ushered historical moment and it dismantled a hegemonic order controlled by separatist forces having patronage and absolute support from across the borders. Jammu and Kashmir was never governed on a principle of participation and equality. Patriotic segments of population of Jammu and Kashmir belonging to all communities had been always discriminated and marginalized.
Last one year has seen many developments on political fronts. Those who enjoyed absolute powers all these years with the blessings of Congress are crying foul play. They are unable to accept that such massive revolutionary move was taken in a legal manner with more than the required majority in both the houses of parliament. Even congress, their main ally faced internal dissent for opposing this move. Many other opposition parties came in open support of this move. Clearly understanding the procedure adopted and dimensions involved they themselves don’t consider it as worth to move for judicial scrutiny. They are also forgetting that how they took the system on run when they exiled Maharaja in vengeance for signing Instrument of Accession and became administrator without any mandate of people of State and the way they declared the nomination of Praja Parishad candidates invalid and got themselves declared as unopposed winners. The seeds of 5th August 2019 had already been sown long ago with the launch of Praja Parishad movement against dual system which proved to be germinating ground for separatism in J&K.
Abrogation of Article 370 and Article 35A is not just an amendment but victory of Bhartiyata and Bharat against separatist syndicate created by separatist forces and operating as mainstream leadership here and in Delhi with the shield of legal and constitutional institutions created for that specific purpose. Article 370 and Article 35A provided wings to such forces to work according to their whims and choices and deprive common masses of all the three regions of their rights as citizens of India. Although called as special status which actually wasn’t, acted as tool for covert and overt separatist elements as well as Pakistan to give a separatist look of J&K and Delhi having strong legal position remained in defensive and denial mode all these years.
Abrogation of Article 370 and Article 35A has brought a sense of security among masses of all three regions of erstwhile State of J&K. Most important is sense of insecurity among political dynastic lords as well as those having affiliations with anti India forces. They lost all monopoly over power with Delhi making inroads in State of J&K in the shape of two UTs of J&K and Ladakh.
Bifurcation of J&K in to two UTs resulted into jubilations in J&K as well as Ladakh. Most important the abolition of J&K constitution and separate laws gave a sigh of relief to people who suffered because of two sets of laws. These separate laws were used as tool by separatists to blackmail Delhi on each and every matter. J&K constitute 1% of total population of India but receive 10% of annual spending of Govt of India. Where that money has gone and how much it benefitted common masses except three four families. Many welfare laws like right to education, empowerment of women, reservation to backward classes, political reservation to ST, welfare of SC and ST, empowerment of Panchayats and local bodies and many more were kept out of J&K for maintaining their monopolistic character of power and deprivation of people.
This new system has brought powers to grass root level. Panchayats and urban local bodies have been given all administrative and financial powers as enjoyed by their counterparts in other parts of the country. The supporters of Article 370 believed in monopolising power and always beating their chest for democracy. They denied justice to STs for 44 years and didn’t declare them as ST. They were declared as ST in governor’s rule. ST will now get political reservation too. They didn’t made Right to education as fundamental right in J&K. They didn’t even provide OBC reservation. They used special status only promoting political elitism and depriving masses.
But this move made all anti Jammu and Anti Ladakh forces as overnight sympathisers of Jammu. These elements are worried about coming of outsiders in Jammu with enactment of Domicile laws but they facilitated the encroachment of forest and state lands in Jammu region with the help of legal framework with pre-defined agenda. They are getting worried about everything related to youth but they during regimes made all anti youth policies. One thing very clear after abrogation of Article 370 is central Government’s seriousness about issues of J&K and Ladakh and working for their solution in a better manner. Things are moving expeditiously and many welfare laws of centre has been made applicable in J&K. Covid-19 pandemic has created some problems in this transition from old phase of deprivation to new phase of empowerment
Domicile Law has immediately given all rights to lakhs of west Pak refugees, Valmikis, Gorkhas, women and many other who spent their whole life in serving and protecting J&K. Its recognition of all their rights as citizens of India which were earlier denied. They were made to live the life of modern slaves for last seven decades by those who made their fortunes by beating their chest for human rights of terrorists and anti national forces.
With the abrogation of Article 370 and Article 35A Pakistan and China has suffered a major blow due to setback to their agents sitting here taking shield of these provisions. Pakistan and China tried to take this matter at every international forum they can but faced humiliating defeat at all forums due to strong postures of India and other world powers.
Amendment of Article 370 and abrogation of Article 35A has made things very clear as well as posed many challenges. Main challenge is economic development of UT, creation of infrastructure, creation of opportunities and most important is job opportunities for youth. Now there is no confusion at decision making and execution level. But it has to be monitored directly by central Govt so that there is no mismatch in decision making and execution. People have lot of expectations from Central Govt after dismantling of this separatist hegemonic syndicate. These nationalist aspirations particularly from Jammu and common masses of Kashmir require real healing touch but not separatist healing touch. Things are moving in a fast manner with Pakistan losing its base in J&K and China being desperate to help Pakistan for protecting its investments in Pakistan. These moves need to be given pace so that the dream of One Nation, One Constitution is fulfilled and implemented in true spirit.
(The author is J&K based strategic and political analyst)
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