Genesis of Article 370 and the Path Ahead. The Kashmir valley has its own funny analogies and to warm up the memory lanes, there is well known anecdote from the then Prime-Minister of J&K , Bakshi Gulam Mohammed, where he was asked, “How many people in Kashmir are with you?” and he replied “Forty lakhs,”-about the entire population of Kashmir at the time. “Then how many are with Sheikh Abdullah?” “Forty lakhs,” was the prompt answer. “So then how many in Kashmir are with Gulam Mohammad Sadiq?” Sadiq was Bakshi’s main rival “Forty lakhs,” Bakshi promptly answers. When this story is shared with any listener , it is bound to result into a tingling humor and a smile on face and in the same breath gives anyone a mental yardstick to understand and estimate the chimeric loyalties of People and Politicians in the valley. The fact is people will virtually go with anything to everything. From Secessionism, Religion, Pakistan , Independence or Nationalism. While they can drool anyside, they can fool anyone . Sheikh Mohammed Abdullah, the Bub, was the architect of this “Droolism”. Throughout his career, he would continue to oscillate between a pro-India stance and demanding self-determination for Kashmiris, given he will talk one thing in Delhi and completely opposite of that in Kashmir. This he did to keep the oil pot boiling so that he can keep frying his hidden ambitious political aspirations and these traits have perpetually got ingrained now amongst the larger political institutions in the valley. It was one of the reasons, that had frustrated Nehru, Patel and Ayengar during 1949 as well, when despite agreements, Sheikh will come back with new changes every time to the draft agreements that were agreed. Even at one point of time, while the Indian leaders were trying frantically to find a solution of the problems in the State, Sheikh Abdullah went on his own and gave an interview to Michael Davidson, which was published in the Scotsman of 14 April 1949, where he dropped the bombshell through his press statement pleading for the independence of the State. This was one of the greatest betrayals from Sheikh Abdullah to Nehru. To cut it short, Indian Leadership at that time and Nehru were worried about this chameleon behavior of Sheikh Abdullah and given that valley witnessed Muslim Conference movement against the ruler of the state , Quit Kashmir Agitation and Sheikh’s constant hobnobbing with Pakistan and fiddling with the idea of Independence, and a resultant impact on non muslim, Kashmiri Pandit community living in Kashmir , the constitutional draft agreements that were made provided the provision for Article 370. This article specifies that the states must concur in the application of laws, except those that pertain to Communications, Defence, Finance, and Foreign Affairs. Perhaps, the Law Minister B. R. Ambedkar had refused to prepare the draft of the legislation in 1949, which was later written by Gopalaswami Ayyangar. Even the great poet and thinker, Maulana Hasrat Mohini, asked in the Constituent Assembly on October 17, 1949 that “why was Article 370 inserted in the Constitution”, “Why this discrimination please?” The answer was given by Gopalaswami Ayyangar that for a variety of reasons Kashmir, unlike other princely states, was not yet ripe for integration. India had been at war with Pakistan over Jammu and Kashmir and while there was a ceasefire, the conditions were still “unusual and abnormal.” Part of the State’s territory was in the hands of “rebels and enemies.” Nehru also had a worst fear of Sheikh Abdullah fomenting trouble in Kashmir and the subsequent impact onKashmiri Pandits & Sikhs as well However in last 65 years, a series of Presidential Orders has changed Article 370 substantially. While the 1950 Presidential Order and the Delhi Agreement of 1952 defined the scope and substance of the relationship between the Centre and the State, the subsequent series of Presidential Orders have made most Union laws applicable to the State. Given that Article 370 was an temporary part incorporated, its integral review is overdue and should be done through a democratic process that promotes cooperation not confrontation. The coming elections are significant and will require people to ensure they cast their vote and elect a government that has the will to debate and take appropriate action in line with people’s mandate. Raj Nehru
Posted on: Sat, 22 Nov 2014 11:16:52 +0000
Trending Topics
Recently Viewed Topics
© 2015