No Anarchy Due To Article 370
By Abdul Majid Zargar
12 September, 2010
Countercurrents.org
Sh.L.K.Advani, former Deputy Prime Minister & senior BJP leader has forcefully argued for abolition of Article 370 of the Indian Constitution bestowing special position & status to state of Jammu & Kashmir. In an article titled as “Anarchy in the valley” & published in Indian Express of 7th August 2010, Mr. Advani opines that this article is singularly responsible for separatist tendencies in the J&K. I beg to differ.
Whether article 370 can or cannot be abolished is best left to the legal brains of the Country. However, a cursory look & a plain reading of the article suggests that it cannot be abolished, for want of existence of Constituent Assembly of J&K, which has necessarily to be a party to the abolition, notwithstanding the fact that the heading of article suggests that it is a Temporary and Transitional Provision”. My opinion is that if article 370 is abolished, India’s relation to J&K is reverted to original instrument of accession entered hurriedly & surreptitiously between Mahraja Hari Singh & Govt. of India. Since this accession specifically states a plebiscite to be held, once the tribal raiders are cleared & law & order restored in the state, the abolition of article 370 will be more disastrous for India than any tangible benefit, it brings.
Leaving the legal & constitutional position as it is, I have to correct Advani Ji that Article 370 has nothing to do with the separatist sentiments in J&K. Had it been so then a majority of Hindus of Jammu region and Buddhists of Ladakh region should have been equally swamped by separatist sentiments. The fact of the matter is that they are not.
The separatists sentiments as referred to by Advani Ji or the Azadi slogans as cried by people of J&K have to be seen in the historical perspective rather than in the parochial view of article 370. The simple & honest averment is that Kashmir acceded to India in an extra-ordinary situation when it was under duress with tribal raiders knocking at its doors .The intent & purpose of accession was limited to enable india to send its forces to augment the local forces to fight the tribal raiders. Since like any other state, Kashmiris, upon partition of the sub-continent, had an option either to join India or Pakistan, a promise of self-determination was expressly made to them to exercise that option at a later date.
While Advani ji has been quick to refer to parliament debates of that era featuring Moulana Hasrat Mohani & Ramaswamy Iyenger, he has conveniently forgotten to refer to Pandith Jawahar Lal Nehru’s speech made in Parliament as late as on 26th June 1952, which I reproduce below for him to refresh his memory.
"We have not got a clear slate to write upon; we are limited, inhibited by our commitments to the United Nations, by this by that. But nevertheless, the basic fact remains that we have declared and even if we had not declared the fact would remain that it is the people of Kashmir who must decide. And I say with all respect to our constitution that it just does not matter what your constitution says; if the people of Kashmir do not want it, it will not go there. Let us suppose there was a proper plebiscite and the people of Kashmir said, we do not want to be with India." Well, we are committed to it, we would accept it. It might pain us but we would not send an army against them; we would accept it, and we should change our constitution about it."
I do not want to join issues with Advani Ji as to whether his stand of abrogation of Article 370 is correct or not. I know he is bound by electoral compulsions which deter him from taking a stand contrary to one propagated by him in the above referred article . Otherwise how does one explain his silence on this issue once in power & a hue and cry once out of it.
Advani Ji has, however made two factual observations in respect of article 370. One is the agitation started by Shayama Prasad Mukerji, founder of Jan Sang, in getting article 370 abolished & the other is erosion of article over a period of time. Since 1953 when Sheikh Abdullah was deposed, in an apparent bid to-do-what-it –likes, New-Delhi has been fiddling with this article at will. In that endeavor it has been greatly assisted by the Delhi anointed local politicians, acting as Mir Jaffars & sadiqs for the State. But then these sinster designs of yesteryears have turned into a mammoth problem of today, the heat of which is felt not only by India but the international community as well.
What Advani ji has concealed from Indian public is that there are similar articles in the Indian constitution bestowing special position to other States as well. For instance Article 371A gives special position to Naga land. Similarly Article 371B & 371C bestow special positions to Assam & Manipur.However, abolition of these articles is not in the scheme of Advani Ji’s things for obvious reasons.
Mr. Advani’s above article appears along side one written by Shekhar Gupta, executive editor & titled as “Temporary insanity”. It is an irony which must not have been lost on any sane reader.
(The author is a practicing Chartered Accountant & can be contacted for feed back at [email protected])
