Genesis of Article 370 and its after effects

Date: 10/06/2014

Date: 9 June 2014 09:36
Subject: Re: Genesis of Article 370 and its after effects

Here is one more comprehensive covering all aspects.

A debate on Article 370 of our Constitution, giving special status to the State of Jammu Kashmir, is going on. Article 370 of the Constitution of India about it starts with , the wordings

Temporary Provisions with respect to the State of Jammu & Kashmir

Amendment to the Indian Constitution done 98 times.

To say that Article 370, is something,, which is inflexible and cannot be amended, is to misinterpret the Constitution. Incidentally, Indian Constitution has been amended from 1951 to 2013 for 98 Times. The Indian Parliament is Supreme, like the British Parliament, about which, it is said that it can pass any law except to make a man a woman and vice versa.

No law or concept is eternal, including the Constitution unlike the Holy Books Of Different Religions, for its followers.

Vote Bank And Not The Country Is the Priority of Self Assumed Contractors of Secularism

It is a different story, the longest ruling party has been on a spree of appeasement, and has bent backwards, for vote Bank politics and to appear as the saviour of the residents of Kashmir Valley. The valley was ethnically cleaned of the Hindus and Sikhs minorities, when a Kashmiri was the Union Home Minister in VP Singh Government .

Nothing worth the name was done by the State Government, to an end, such activities in the valley, giving the impression, right or wrong, that they were either totally incompetent or were in league with the terrorists or so called separatists

Terrorists, who Went To Pakistan Welcomed Back By The Goverment

Before the Change of the Government in May, 2014, the Previous Central Government, crossed all limits of logic and common sense, in encouraging those, who had left voluntarily to join the terrorists in Pakistan and wanted to return to India, after two decades. But no such concession has been extended to a miniscule of numbers, who at one time were supporters of Khalistan.

Infact, the presence of Article 370, which is interpreted, as it suits politicians, has, naturally adversely affected the complete integration of Kashmir with the rest of India.

Uniformed Forces Left, High And Dry By The Central Government

A week kneed Central Government did not even raise its little finger, when orders were issued by the State Government, that the Paramilitary Central Government forces deployed in Srinagar will not carry arms, but only Lathis. This emboldened terrorists , who have been killing the uniformed officials including the local police, as well as the Sarpanches of the villages.

Who Are The Stake Holders ?

The CM of the J&K, a proxy of the former, ruling party in Central Government, has asked as to who are the Stake Holders with whom the Central Government wants to discuss Article. The Stake holder from India, are Common Citizens of India, who are paying nearly 66% budget of the State Government of about Rs.40000 Crores. By its own taxes, it does not earn, even the revenue to pay the salary to its employees, which accounts for 48% of its budget.

Neglect of Jammu and Ladakh

Government of India, in the past has been turning a Nelson’s eye on the ongoings, and not even conducted a review of the spending in J&K. Obviously a lion’s share of the Central Money, is spent in Valley and a pittance on Jammu and Ladakh. If media reports are to be believed , then all the contracts and projects are awarded at the dictate of the Terrorists in Kashmir valley. The least, the Government of India, should have done, which it has never done, is to check, whether the money given to the State for development projects has been spent properly and how much it has been spent on the regions n Jammu and Ladakh.

Sarpanches Resigned After the Killings and Threats of Terrorists

A vast majority of Sarpanches in the Valley resigned on the threat and actual killings of the terrorist. The State Government ‘s writ does not run, not even in Valley, as it is the terrorists mouth piece, who are called separatist, decide the schedule of strikes, excuses for closing the market and Government offices.

The State Spends The Hard Money On The Terrorists And Separatists

According to media report, the J&K State Government March, 2014, offered a flight to a separatists to New Delhi in a government helicopter on March 12, 2014, for his medical treatment . The State Government went out of the way to help a known separatists, or a terrorists leader. Central Government has never asked a question as to why should anybody, who is persistent supporters of the terrorists and goes against the Constitution and the laws of the country be given a royal treatment.

Home Ministry Asks The State to Review The Security of State Leaders

In a quixotic fit, the Union Home Ministry asked the J&K Government to review the security of the terrorists or separatists leaders in March 2013. Incidentally some of the separatist leaders have been given the Z-security since. 2004. About 9.5 Crores of Indian Money has been spent, on those, who propagate secession.

Union Ministry of Home Affairs added : “There are some separatist leaders in J&K who have denied the security cover so far. We will make a fresh offer to them and in case they accept it, adequate security cover would be provided to them.” What an amazing approach, that the Anti Indian Leaders are being begged, to accept security.

Terrorists Killings And Weapon Seizures in Valley

The condition of the Valley is best described in a report of the police souvenir of J&K Police released in 2003, which said that there were 56,041 incidents of violence, including 10,093 explosions, 29,931 firing incidents, 5,561 arson, 763 rocket attacks, 4,597 abductions, 229 cases of hanging to death, 275 arms snatching cases and 4,592 other acts of violence from January 1990 till 2002, December. It said more than 30,000 civilians were killed during the 14 year long terrorism.

The security forces seized 24,785 AK-type rifles, 9,387 pistols and revolvers, 58 carbines, 1,003 RPGs, 91 light machine guns and self-loading rifles, 742 rocket launchers and 2,270 rocket boosters during the same period. Besides, 6,865 kg of RDX, 47,219 grenades, 5,228 anti-personnel mines and 4,176 rockets were also seized.

After this no other data is available in the public domain and probably has been kept secret.

India, is perhaps the only country in the world, to provide official protection to such elements against who are against it.

. It only proves, the truth of the old age, “ God save me from my friends. I can take care of my enemies ”. This is the approach of the Kashmiri ruling Government, whose present Chief Minister has threatened India, like his father, that if Article 370 is removed, Kashmir will no longer part of India. The reply given to him, from the opposing quarters was that the State is not the fiefdom of any dynasty. His father has been now pleading for Amnesty to stone throwers on Indian Security Forces and in a way pardon to Anti National Elements.

Unfairness Of the Government To the Muslims In The Rest Of The country

Government has been rather unfair to the Muslims from UP and other States, because it has permitted a Direct Bus Service from Srinagar to Pakistan, so that the Kashmiri Muslims in valley could interact with their relations there. There are more Muslim family links from UP and many other States with Pakistan. But there is no such facility for them, except through the Pakistani Visas, which are not easy to come by. Here the fault lies with the Government of India, of the previous regimes, who had run short of the ideas as to how to deal with Anti Indian Elements and tried all kinds of “ Monkey Tricks”.

India belongs to all Indians, irrespective of their religions. Government of India Ministers’s should think for themselves and not on advisers in dealing with the problem. If the elections results of 2014 to India Parliament is any yard stick, then it is clear, that the entire State has voted against ruling Party in J&K.

However, for most politicians ,the politics is the only means of their livelihood and one cannot blame them to make wild statements, and when confronted with the facts, or either to pretend to have forgotten them or deny or say that they have been misquoted.

Who Is Communal? India Or Kashmiri Jihadis or Government

One classic Statement of a Kashmir Leader was India cannot become communal and if India becomes communal, Kashmir will not remain with India…Kashmiris don’t accept communal (people).” If anything fundamentalism has thriven under the present J&K government. All cinemas, beauty parlours and even singing has been banned, in valley . Burqua has been made compulsory under the orders of the terrorists, with the State Government, not even raising its little finger.

Terrorists Spread Fundamentalism

It is not enforced by the Government, but by the terrorists. All So Called Contractors of Secularism”, but actually vote seekers, have almost been wiped out in the elections. Those who want to migrate to Pakistan, can do it straight away, as the present CM said that he will take a Bus to Pakistan from Srinagar, according to the reports. You cannot have the best of both worlds of running with the hare and hunting with the hunter. Ambedkar to Sheikh Abdulla

It is worthwhile to quote Ambedkar, who had clearly told Sheikh. Abdullah: "You wish India should protect your borders, she should build roads in your area, she should supply you food grains, and Kashmir should get equal status as India. But Government of India should have only limited powers and Indian people should have no rights in Kashmir. To give consent to this proposal, would be a treacherous thing against the interests of India and I, as the Law Minister of India, will never do it."

Then Abdullah went to Nehru, who directed him to Gopal Swami Ayyangar, who approached Sardar Patel asking him to do something as it was a matter of prestige of Nehru, who has promised Sheikh. Abdullah. Accordingly. Patel got it passed, as a temporary provision when Nehru was on foreign tour.

Challenges, Before The Present Government

It is for the Present Central government to decide and deliver and call off the bluff, of the present J&K CM and his Father. As a post script, and a reminder his grand father spent over 5 years in incarnation for trying to annexe Kashmir with Pakistan( Kashmir Conspiracy case File) when Nehru was the Prime Minister of India. It need not be apologetic about protecting the interest of India.

On 9 June 2014 13:41, xxxxxxxxxxxxxxxxxxx wrote:

Genesis of Article 370 and its after effects

By PC Dogra, IPS (Retd)
Sheikh Abdullah used Pt. Nehru’s weakness for him and his indispensability towards delivering on plebiscite to the hilt. He dictated his terms, so much so that the government and the Constituent Assembly of India had to bow to his wishes.

WHEN J&K State was attacked by the Pakistani regular forces and the tribals on October 26, 1947, Maharaja Hari Singh sought the help of India and signed an instrument of accession with India. It was similar to the one signed by the rulers of other states. However Government of India(GoI) adopted the stance that it was the people of the State of J&K acting through the Constituent Assembly to first endorse the accession to India and then determine the Constitution of the State and the jurisdiction of the Union of India. This is how Article 370 came into being. It was a temporary provision inserted till the accession was ratified by the Constituent Assembly of J&K. It was transitional in nature.

The other factor was the requirement of holding plebiscite. Security Council passed a resolution on April 21, 1948 recommending to the Government of Pakistan to withdraw tribals and Pakistani nationals from Kashmir. Subsequently GoI was to carry out a progressive withdrawl of the Indian forces to the minimum strength required for the maintenance of law and order. The resolution also envisaged the appointment of a plebiscite administrator with powers adequate to prepare and conduct the plebiscite.

It is a recorded fact of history that Pt Nehru was awfully enamoured of Sheikh Abdullah and hated Maharaja Hari Singh, the then ruler of J&K. Allan Campbell-Johnson have stated in their book Mission with Mountbatten that "Government of India took a stand before the Security Council that the present administration be transformed into a Council of Ministers under Abdullah’s leadership. This Council should then convene a National Assembly elected on proportional representation. This Assembly should then elect a new government which should hold a plebiscite under United Nations control".

Sheikh Abdullah used Pt. Nehru’s weakness for him and his indispensability towards delivering on plebiscite to the hilt. He dictated his terms, so much so that the government and the Constituent Assembly of India had to bow to his wishes.

Dr Karan Singh has written in his book Heir Apparent that "Maharaja deeply resented the manner in which "Jawaharlal had made his handing over the power to Sheikh, a virtual condition for extending military aid to save the State from Pakistani occupation."

Earlier respecting the terms of accession and the peculiar situation of J&K, Pt Nehru, Sardar Patel and Gopalaswamy Ayyangar, the then Minister-in-charge of Kashmir Affairs, after due agreement with Sheikh Abdullah and his colleagues approached the Constituent Assembly of India for incorporating the required provision in Article 306-A of the Constitution.

However Sheikh Abdullah backtracked and wrote to Gopalaswamy that the draft Article 306-A had not met with the approval of the Working Committee of the National Conference. Sheikh Abdullah sent an alternative draft which merely said that the provisions of the Constitution shall apply to Kashmir only in regard to the acceded subjects and that the Dominion Parliament shall be entitled to legislate in regard to Kashmir only in respect of acceded subjects. He objected to the preamble which stated that it will be short lived and that the Constituent Assembly of the State can terminate the Article and thereupon all the provisions of the Constitution would apply.

On October 16, 1949 Sardar Patel wrote to Gopalaswamy "I find that there are substantial changes over the original draft particularly in regard to the applicability of Fundamental Rights and Directive Principles of State Policy. You can yourself realise the anomaly of the State becoming part of India and at the same time not recognising these provisions. I do not at all like any change after our party has approved of the whole arrangement in the presence of Sheikh Sahib himself. Whenever Sheikh Sahib wishes to back out, he always confronts us with his duty to the people.

Sheikh Abdullah was so adamant regarding draft Article 306-A that he wrote to N Gopalaswami Ayyangar "In case I fail to hear from you within a reasonable time, I regret to say that no course is left open for us but to tender our resignation from the Constituent Assembly." His views had to be accepted and Article 370 was inserted in the Constitution as he wanted to be. It stipulated that no law enacted by the GoI would be applicable to the State of J&K until it was so approved by the State Legislature. There is a dual citizenship. Indians do not become automatically the citizens of J&K. The State has a separate Constitution and a separate flag.

This provision has been misused by the political elite of the Valley for building their empires. It is learnt that the provisions of wealth tax, urban land ceiling act and the gift tax are not made applicable under Article 370. It is a vicious strategy to keep the State aloof from the national mainstream. It militates against the very concept of one India and is a nutrient for the two nation theory.

Now let us examine the recommendations of the State Autonomy Committee constituted by the National Conference Government. It is strongly in favour of the restoration of pre-1953 status to J&K which means that:-

Central Government will have control over defense, foreign affairs and communications only.

J&K will remain out of the purview of Supreme Court of India.

Central Election Commission will have no jurisdiction over J&K.
Comptroller and Auditor General will have nothing to do with the auditing of the financial transactions of the State.
Article 370 to be made permanent.
The State will have its own President (Sadr-e-Riyasat) and the Prime Minister.
All the laws promulgated after 1953 will be repealed.
National flag will fly only on the Central Government buildings.
President cannot impose President’s rule without the concurrence of the State.
Provisions of the Constitution of India relating to the All India services will not apply to J&K

Does it not lead to a practically independent J&K?

Source: Organiser