Author: C.L.Gadoo
Publication: BJP Today
Date: August 16-31,
2000
In 1947, when Jammu and
Kashmir acceded to India, the ruler of the State, Maharaja Hari Singh signed
the instrument of Accession, which the rulers of other major Indian States
had signed. The accession of the State to India was not subject to any
exceptions or preconditions to provide for any separate constitutional
arrangements for the state. Neither Nehru, nor Patel gave any assurance
to Hari Singh or the National Conference leaders that Jammu and Kashmir
would be accorded a separate and independent political organization on
the basis of the Muslim majority character of its population.
The demand for a separate
political organization of Jammu and Kashmir, independent of the constitutional
organisation of India, was made by the National Conference leaders, when
India and Pakistan accepted the cease-fire in the State in 1949 and more
than one-third of its territory was left under the occupation of Pakistan.
The National Conference claimed rest of the state for the "Muslim Nation
of Kashmir".
The claim made by Sheikh
Mohammed Abdullah, that the Cabinet Mission plan envisaged the accession
of the state to either of the two dominion or opt for independence was
a distortion of facts. The Conference leaders read the events, which led
to the partition of India, in their own way. The partition plan envisaged
by the 3rd June declaration of 1947, too, did not envisage independence
of the Indian states.
Many of the Conference
leaders openly claimed that the right of self-determination, embodied by
the United Nations resolution, left the choice open for Muslims of the
State to determine their future affiliations and the Muslims would in no
case renounce the right to exercise it. The Conference leaders, accused
the Hindu "communal" forces in India, which sought to merge the state into
the Indian constitutional organization to end the Muslim majority character
of its population and bring about its subjugation to the dominance of the
Hindu majority in India.
After the creation of
Pakistan, the Hindus and the Sikhs as well Buddhists in Ladakh, were quickly
led to the realisation of their doom, which a second partition of India
would unfold. In the Muslim homeland of Jammu and Kashmir, they could meet
no better fate than what the Hindus and Sikhs had met in Pakistan and in
occupied Kashmir.
After long deliberations
a settlement was finally reached on July 24, 1952 between Sheikh Abdullah
and Jawahar Lal Nehru.
The agreement stipulated
that Dogra rule would be abolished and the ruler would be replaced by an
elected head of the State, who would be recognised by the President of
India. The Jammu and Kashmir State would have a separate national flag,
a separate official language, and a separate national emblem. It was also
agreed that the residuary powers would remain with the state and Constituent
Assembly would frame a constitution for its governance.
The Hindus in Jammu constituting
a majority in the Jammu province protested against the Agreement. The Praja
Parishad emphasized that India was one nation and Jammu and Kashmir State,
an integral part of Indian nation, could not be governed by a separate
flag and have a separate President.
Devastating Consequences
After the interim government
was instituted, and the Conference leaders secured undisputed mastery over
the government of the state, they initiated several measures, which had
a devastating effect on the Hindus and other minorities.
A widespread land-grab
spree was put into operation by the Conference cadres, under the cover
of land reforms, to dispossess the Hindus of their land.
An undeclared moratorium
was placed on the entry of the Hindus and other minorities into the employment
of the state, and to the admissions of the Hindus and the other minorities
to educational institutions, grant of scholarships and nominations to institutions
of higher and technical education outside the state.
Islam was virtually recognised
as the official religion of the state and all rational commitment to secularism
was interpreted in terms of the "Principles of Religious Tolerance" enshrined,
in Islam.
The Constituent Assembly
reconstituted the basic principles committee and the advisory committee
on citizenship and fundamental rights, the rights steering committee and
the drafting committee. On 3rd February 1954, Syed Mir Qasim presented
the report of the basic principles committee and the advisory committee
on fundamental rights and citizenship to the Constituent Assembly, which
was approved by the Assembly on 6th February 1954. The recommendations
of the Constituent Assembly were communicated to the President of India.
On 14th May, President
of India issued a proclamation, which incorporated the recommendation of
Constituent Assembly.
Constitutional Provisions
Extended
In 1956, the provisions
of the Constitution of India in respect of the financial relations between
the Union and the State were extended to Jammu and Kashmir. In 1957, the
provision of the Constitution of India with regard to the removal of the
High Court Judges to plead before any court or tribunal except the Supreme
Court were extended to the state. The provisions of the Constitution of
India in regard to services were also extended to state in the same year.
In 1958, provisions of
Constitution of Indian in respect of Audits and Accounts were extended
to the state. In 1959, the provision of the Constitution of India in regard
to the Election Commission of India were extended to the state.
During the years that
followed, the secessionist movements in the state gathered greater strength.
The autonomy of the state, envisaged by "Article 370" provided the political
context, in which Muslim separatism was recognised as a legitimate expression
of Muslim aspirations to freedom.
The demand for "greater
autonomy" after about 25 years of the Kashmir accord between late Smt Indira
Gandhi and Sheikh Mohammed Abdullah, which had stabilised Central-State
relations has brought to some extent into sharp focus once again the machinations
and double talk of the National Conference during 1947-1953. The Hindus
of Kashmir, smouldering in exile, have denounced the N C demand for the
restoration of 1953 status, as a tactical maneuver to prepare the ground
for the separation of the Kashmir Valley and Muslim majority regions of
Jammu from India, for which the inspiration has come from several western
powers. Interestingly, the Muslim secessionist forces and militant organisations
have expressed subdued disapproval of the demand of "greater autonomy",
reiterating their claim for self-determination, and expressing doubts about
the ultimate advantage the autonomy of the State would provide to them.
(The author is the President
of the Kashmiri Samiti, nodal agency for displaced Kashmiris)
