Perils of historical amnesia (Article 35A and Kashmir)

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Perils of historical amnesia (Article 35A and Kashmir)

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• Manipulating history, and living in it: Our politics of today is doing both. The S.C. hearing on Article 35A is proof.
• Key complaint against Article 35A: It gives J&K a lot of power, as non-state residents cannot own land there. The media too has projected this as an unusual concession given to J&K, in light of the special status debate.
• The original motive was opposite! When in 1954, the Article 35A was introduced via a Presidential ordinance, the motive was exactly the opposite – to take autonomy away from it
• The overall package: The Presidential Ordinance package included many changes, other than Article 35A. The Union got more powers over the State than earlier. It was celebrated at that time in India, including by Hindu right-wingers (a) India’s Fundamental Rights and DPSP were made applicable to the State (b) State’s finances were integrated with India (c) Indian Supreme Court’s jurisdiction was extended over many issues in J&K
• The State gave it, India did not take it: These were done only after the State passed a legislation in its own Constituent Assembly.
• What was Jammu and Kashmir? It was a state with a special status from the very start! Maharaja Hari Singh signed the Instrument of Accession in 1947 giving only defence, foreign policy and communications to India.  At the same time, India was committed to holding a plebiscite in the State.
• Complex situation, unique results: That’s why Sheikh Abdullah became the first PM of J&K, a state with its own flag and constituent assembly. Kashmir militia was considered a separate force.
• The 1952 talks: Nehru invited Sheikh Abdullah to find ways for tighter integration. The 1952 Delhi Agreement was signed, which still was not as strong as the 1954 Presidential Ordinance. And the 1952 Agreement was much weaker.
• Three factors ruined its implementation: 

1. Immediate plebiscite plans were abandoned in 1954, strengthening Delhi, 
2. 1953 saw a nationwide Hindu right-wing agitation for greater J&K integration, and 
3. 1953 saw the arrest of Abdullah, and replacement by Bakshi Ghulam Mohammed (open to integration)

• 1954 agreement with Bakshi: This was done, and the May 1954 Presidential ordinance arrived. But all Residuary Powers were with the State legislature. The State retained powers over its borders, land reforms etc.
• 70 years of degradation of autonomy: Today, practically the only autonomy it has is Article 35A
• Remove it only democratically: In a federal democracy, a kind democratic process must be seen. It is only through people’s will that such a deletion must be made.
• Summary : The Article 35A was part of a larger package, and offered autonomy in many areas to J&K, most of which have been systematically eroded in 70 years.

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