The erstwhile princely state of Jammu and Kashmir was established by the British Crown to create a buffer between India and the southward marching Russia in1846 soon after the unsuccessful conclusion of Anglo-Afghan War in 1942. Gulab Singh was recognized as the first Maharajah of Jammu kingdom under the Treathy of Lahore in March 1946 and a week later the Jammu and Kashmir was established by the Treaty of Amrisar. Maharajah Gulab Singh and his military commander General Zorawar Singh had militarily conquered different kingdoms north of the Satluj River to expand the territory of the Dogra Empire from1820 to 1890. Soon after the First War of Independence in 1857 the British Crown through the Treaty of1858 had recognized the heads of the princely states including Maharajah Gulab Singh as the sovereign rulers and allies of the British Crown. On 18th July 1947 the British Government passed the Indian Independence Act asking the rulers of the princely states to accede to India or Pakistan prior to the lapse of British paramountcy on 15th August 1947, on the basis of the principles of geographical continuity and religious composition of their respective kingdoms.The provision of sovereign statehood for princely states with proper arrangements for defence and communication was also included in the Indian Independence Act. Maharajah Hari Singh the last ruler of the princely state of Jammu and Kashmir submitted the Standstill Agreement to both India and Pakistan through an identical telegram on 12th August 1947.The Government of Pakistan accepted the Standstill Agreement in principle pending details, whereas the Government of India suggested Maharajah Hari Singh to depute some of his cabinet minister to Delhi to discuss the details of the Standstill Agreement. Maharajah Hari Singh was buying time to commit himself to New Delhi. Meanwhile on 22nd October 1947 the Pakistani tribal warriors from Northwestern Frontier Agency raided Kashmir Valley and the indigenous rebellious ex-service men of World War II from Poonch-Mirpur declared the establishment of the Azad Government of Jammu and Kashmir on 24th October 1947. Maharajah Hari Singh sent Mehrchand Mahajin, Prime Minister of Jammu and Kashmir to New Delhi to seek military assistance from the Government of India. The Government of India demanded proper accession of Jammu and Kashmir State with Indian Union prior to any military assistance. Both Prime Minister Jawharlal Nehru and Deputy Prime Minister Sardar Vallabbhai Patel demanded induction of Kashmiri popular leader, Sheikh Mohamad Abdullah into the Jammu and Kashmir Government. Maharajah Hari was obliged to submit the accession of Jammu and Kashmir State with India with respect to three subjects, namely defence, foreign affairs and communication on 26th October 1947. On 27th October 1947 the Indian troops landed at Srinagar Airport early in the morning and on 29th October 1947, Sheikh Mohamad Abdullah was appointed as the Emergency Administrator of Jammu and Kashmir State and subsequently he was upgraded as the Prime Minister of the state on 5th March 1948. The Indo-Pak war continued for more than a year in Jammu and Kashmir till on 1st January 1949 the United Nations Commission for India and Pakistan effected the Cease Fire Line between the two wearing armies in the state to be monitored by United Nations Military Observer Group stationed at Srinagar and Rawalpindi.The Cease Fire Line was renamed as Line of Control under the Shimla Agreement between India and Pakistan in 1972. Pakistan has tried to capture Jammu and Kashmir by force in 1965 but it was defeated very badly by India. From 1988 onwards the low cost guerilla warfare was started by Pakistan in Jammu and Kashmir State to secure its demilitarisation by India. Over the past 32 years more than one lakh people have died, thousands of people have been injured and property worth billions of rupees has been destroyed in Jammu and Kashmir without any change in the status quo at the Line of Control.
POLITICAL RECONSTRUCTION IN JAMMU AND KASHMR:-
The National Conference leadership of Jammu and Kashmir approached the India-Pakistan dispute over the territory of Jammu and Kashmir State from a pragmatic perspective. Recognizing the fact that as a result of Maharajah Hari Singh’s limited accession of Jammu and Kashmir State with Indian Union the state territory came under the control of India. So the National Conference leadership preferred to work at the political level. The main priorities before Sheikh Mohamad Abdullah were abolition of Dogra autocracy, landlordism and money lending system in the state. In order to realize these objectives the transformation of legal relationship of Jammu and Kashmir State with Indian Union into a constitutional one was the need of the hour. To achieve this goal, four members from Jammu and Kashmir including Sheikh Mohamad Abdullah, Mirza Mohamad Afzal Beigh, Moulana Mohammad Syed Masoodi and Shri Moti Ram Beigra represented the state in the Constituent Assembly of India in 1949. As a result of their participation in the deliberations of National Constituent Assembly the Article 370 guaranteeing the internal sovereignty of Jammu and Kashmir State, was introduced in the Constitution of India implemented on 26th January 1950, In September -October 1951 the elections for the Jammu and Kashmir State Constituent Assembly were held to legislate on the Naya Kashmir Manifesto of National Conference. While addressing the Inaugural Season of the State Constituent Assembly on 5th November 1951, Sheikh Mohamad Abdullah praised Indian democracy, secularism, federalism, socialism and liberalism. He reached an agreement with New Delhi on the centre-state relationship under the famous Nehru-Abdullah Accord on 24th July 1952. The main features of the Delhi Agreement were that the citizens of Jammu and Kashmir State were recognized as the citizens of India, the state was allowed to have it’s own constitution, flag, Sadr-i-
Riyasat and Wazire Azam. The permit system for entry into Jammu and Kashmir State was abolished by Bakhshi Government in 1953. On 6th February 1954 the Jammu and Kashmir State Constituent Assembly under the leadership of Bakhshi Ghulam Mohamad ratified the accession of Jammu and Kashmir State with Indian Union. In the same year Article 35-A on the recommendation of the Jammu and Kashmir State Constituent Assembly was introduced in the Constitution of India to protect the State Subject Laws of Jammu and Kashmir. The Constituent Assembly also recommended the financial integration of the state with the country to secure funds for the socio-dconomic development of the state. On 17th November 1956 the Jammu and Kashmir State Constituent Assembly adopted the Constitution of Jammu and Kashmir State, which after the concurrence of the President of India was implemented by the Bakhshi Ghulam Mohamad Government on 26th January 1957.
EROSION OF INTERNAL SOVEREIGNTY OF JAMMU AND KASHMIR:-
Maharajah Hari Singh had asked for military assistance from India as a Hindu neighbouring country because the Muslim Pakistan had sent the tribal warriors in Kashmir on 22nd October 1947 and the rebellion against the Dogra rule in Mirpur-Poonch had reached its zenith on 24th October 1947. He had ordered Mehrchand Mahajan to meet Mohamad Ali Jinnah the Governor General of Pakistan if New Delhi is reluctant to send its friendly assistance. India was not ready to throw the ball into the Pakistani court.Whether Maharajah Hari Singh did actually sign the accession of Jammu and Kashmir State with India or not is a matter of academic debate but since Sheikh Mohamad Abdullah was aspiring for political power to the popular leadership he supported the deployment of Indian troops in Kashmir and in exchange both Pandit Nehru and Sardar Patel supported the induction of Sheikh Mohamad Abdullah into the Jammu and Kashmir Government which is a clear proof of the political bargaining by New Delhi with National Conference leadership. In other words the transfer of power to popular leadership in Kashmir took place with the help of Congress leadership and accession of Jammu and Kashmir State with Indian Union was supported by the National Conference leadership. Since on 27th October 1947 Lord Mountbatten the Governor General of India, in his letter to Maharajah Hari Singh had written the subject of accession of Jammu and Kashmir State with Indian Union will be referred to the people of the state is a proof of some official communication between Maharajah Hari Singh and the Government of India. The accession of Jammu and Kashmir State with Indian Union was with respect to only three subjects as mentioned above, which means the Dogra autocracy was intact in the state in rest of state affairs.The abolition of the autocracy and associated landlordism and money lending system in the state were the big challenges before the popular leadership, for which it needed New Delhi’s support. So development of constitutional links between Srinagar and New Delhi was the practical need of the hour from the democratic point of view and a step towards erosion of internal sovereignty of Jammu and Kashmir State from the autocratic authoritarian point of view. The inclusion of Article 370 in the Indian Constitution restricted the legislation by Indian Parliament on Jammu and Kashmir on the subjects not specified in the Instrument of Accession but at the same time empowering the future democratically elected Jammu and Kashmir State Constituent Assembly to exercise its powers to abolish autocracy, landlordism, money lending system, adopt the constitution of Jammu and Kashmir and above all recommend the ratification of accession of the state with the country and evolve a workable framework of additional centre-state relationship. So in one respect the Article 370 of the Indian Constitution served as a tunnel for Now Delhi to interfere in Jammu and Kashmir State through its collaborators. Given the fact that the Indian Administered Jammu and Kashmir State comprises of Sunni Muslim dominated Kashmir region, Hindu majority Jammu region, Pahari/Gujjari Muslim majority Pirpanjal region, Muslim majority multilingual ChenabValley, Buddhist majority Leh district and Shia Muslim majority Kargil district, so New Delhi took full advantage of the regional, ethnic, religious and ideological differences within the state to adopt its divide and rule policy. The interference of Indian National Congress led by Jawaharlal Nehru and Indian Muslim League led by Mohammad Ali Jinnah started much before the freedom of the subcontinent from British rule in mid-August 1947. Jinnah as per his two-nation theory viewed the Muslim majority state as a natural part of Muslim Pakistan whereas both Gandhi and Nehru held the position that the freedom of the princely states within the freedom of India is the birth right of the people living in the princely states. This democratic stand of Indian National Congress was a big support for Kashmir based National Conference whereas it was a big challenge before the Jammu based autocratic ruler. So when Sheikh Mohamad Abdullah was arrested on 20th May 1946 following the launching of his ‘Quit Kashmir ‘campaign, Jawaharlal Nehru wanted to defend Abdullah during his trial in the court at Srinagar.,Jawaharlal Nehru tried to enter in Jammu and Kashmir without proper permission but Maharajah Harri Singh got him arrested at Domel. Finally after becoming the Prime Minister of India, Nehru managed the ouster of Hari Singh as the autocratic ruler of Jammu and Kashmir . His son Karan Singh was appointed as the head of the Jammu and Kashmir to maintain the balance of power between Kashmir and Jammu. Since Kashmir issue was referred to the United Nations on 31st December 1947 and on 21st April 1948 the United Nations Security Council had passed the resolution on Jammu and Kashmir recommending a two-option plebiscite in the princely state. As an Indian representative from Jammu and Kashmir, Sheikh Mohamad Abdullah had publicly supported the accession of his state with Indian Union but in private he met the US permanent representative at UN, Adlai Stevenson to point out the third option for Jammu and Kashmir was the best option because he was insecure about his political future in Pakistan fearing the people of Muslim majority state may vote for accession with Pakistan in case the plebiscite is held in the state. When following the Delhi Agreement in July 1952, the Hindu nationalists under the banner of Jansang led by Dr Shama Prasad Mukherji launched protests against the internal sovereignty of Jammu and Kashmir State, Sheikh Mohamad Abdullah became apprehensive about the political future of his Muslim community. With the result he resisted the temptation of New Delhi to ratify the accession of Jammu and Kashmir State with Indian Union through the state Constituent Assembly. Perhaps Sheikh Abdullah was buying time to see if he can get the American support to establish an Independent country. Meanwhile Dr Shama Prasad Mukherjee like Jawaharlal Nehru in 1946 tried to enter in Jammu and Kashmir State with out any permit. Sheikh Mohamad Abdullah got him arrested but after some time he expired in the Jammu jail. The Jansangh held Abdullah responsible for his custodial death. Nehru was criticized by the Hindu nationalists for shielding Abdullah. The Soviet Union had got the reports whether true or false that America is going to intervene in Kashmir and Sheikh Abdullah is demanding such an intervention. The Soviet Union wanted elimination of Abdullah from the scene and New Delhi wanted the ratification of accession of Jammu and Kashmir State with Indian Union. So Jammu &Kashmir based Sadre Riyast Karan Singh was asked by New Delhi to remove Sheikh Mohamad Abdullah from the Prime Ministership (apparently for loosing the mandate of the house without giving him the chance to prove his majority ) and put him behind the bars. Bakhshi Ghulam Mohamad, Deputy Prime Minister was upgraded as the Prime Minister of Jammu and Kashmir on 9th August 1953. Bakhshi abolished the permit system for entry into the state and on 6th February 1954, ratified through Jammu and Kashmir State Constituent Assembly the accession of Jammu and Kashmir State with Indian Union. The Jammu and Kashmir State Constituent Assembly completed it’s term in 1957 and the elections to the first Legislative Assembly were held in the state. Bakhshi Ghulam Mohamad became Prime Minister for the second time but he resisted any erosion in the internal sovereignty of Jammu and Kashmir. His opponents levelled false corruption charges against the Bakhshi Government so finally under Kamraj Plan of Congress the leader of the National Conference was asked by New Delhi to resign primarily because he was a roadblock in the centralization project of New Delhi. Ghulam Mohamad Sadiq leader of the Democratic National Conference a breakaway group of National Conference led by Bakhshi Ghulam Mohamad was made the Prime Minister of Jammu and Kashmir following widespread agitation in Kashmir after the thieft of the Moyeh Muqadas from Hazratbal Shrine. Ghulam Mohamad Sadiq was not perhaps happy with the functioning of Jammu based Sadre Riyast Dr Karan Singh so he preferred to be called as the Chief Minister instead of Prime Minister for not being given due recognition by New Delhi. So on 30th January 1965 onwards the nomenclatures of Prime Minister and Sadre Riyasat were withdrawn. Similarly the jurisdiction of the Supreme Court of India, Election Commission of India and the Office of the Auditor General of India were extended to Jammu and Kashmir State. The IAS and IPS officers were posted in Jammu and Kashmir State and more than half of the central government laws were extended to the state and Jammu and Kashmir Militia was renamed as Jammu and Kashmir Light Infantry and brought under the jurisdiction of the Home Ministry of India. During the phase of militancy in Jammu and Kashmir State the Armed Forces Special Powers Act and other draconian rules were implemented by New Delhi in the state. Mehbooba Mufti the Chief Minister of Jammu and Kashmir when resisted the use of lethal weapons against the civilians and the extrajudicial arrest of Jamat Islami workers and Huriyat Conference leadership was withdrawn the support by BJP. Moreover the Article 356 of the Constitution of Jammu and Kashmir State was misued to destabilize the elected governments in the state. On 5th August 2019 the Article 35-A was abrogated, Article 370 was made inoperational and the state of Jammu and Kashmir was degraded into the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh in the absence of the elected government in Jammu and Kashmir. On first April 2020 the Domicile Act for Jammu and Kashmir was issued by the Ministry of Home Affairs making provisions for the non-state subjects to seek employment in the state. In view of the popular resentment in the state the law has been partially modified on 3rd April 2020but there is still much arbitarines in it.
VISION AND MISSION OF JAMMU AND KASHMIR NAT,IONAL LEAGUE:-
The Jammu and Kashmir National League is conscious the following facts.Firstly, Sheikh Mohamad Abdullah the popular leader of Kashmir did support the limited accession of Jammu and Kashmir State with Indian Union because the Pakistani tribal raid on 22nd October 1947 had closed down the option of an independent Jammu and Kashmir. Secondly an independent Jammu and Kashmir is unacceptable to both India and Pakistan. Thirdly, accession with Pakistan is unacceptable to the dominant majority in Jammu and Kashmir State. Fourthly, Pakistan has been unable to secure the demilitarisation of Jammu and Kashmir inspite of having four wars with India in 1947, 1965, 1971 and 1999. Fifthly, the people of Jammu and Kashmir State in general and the Kashmiri Muslims in particular struggled for the people’s right of self-determination from 1955 to 1974 under the banner of Jammu and Kashmir Plebiscite Front led by Mirza Afzal Beigh but had to ultimately abandon the path of separatism. Sixthly, the ongoing Pakistan sponsored armed struggle is aimed at making Kashmir a province of Pakistan against the wishes of the Kashmiri nation. Seventhly, the All Parties Hurriyat Conference led by Mirwaiz Umer Farooq has not spelt out the clear goal of his organization whereas the pro-Pakistan All Parties Huriyat Conference founded by Syed Ali Shah Geelani enjoys the support of his Jamat Islami only and the pro-independence Jammu and Kashmir Liberation Front of Mohamad Yasin Malik enjoys a good support locally but the international support necessary for establishing an independent country is not forthcoming. Keeping the above facts in view the Jammu and Kashmir National League is not getting carried away by the shallow and hollow slogans and propaganda by different individuals and agencies in Jammu and Kashmir and abroad.
.To be pragmatic the Jammu and Kashmir National League has set before itself the goal of securing the internal sovereignty of Jammu and Kashmir guaranteed by the Constitution of Jammu and Kashmir State adopted by the Jammu and Kashmir State Constituent Assembly on 17th November 1956 and implemented by the Bakhshi Ghulam Mohamad Government on 26th January 1957. Keeping in view the regional aspirations in Jammu and Kashmir State the JKNL is in favour of regional autonomy to the constituent regions of the state including Jammu, Pirpanjal, ChenabValley, North Kashmir, Central Kashmir, South Kashmir, Kargil and Ladakh.The JKNL supports the idea of making Srinagar the permanent capital of Jammu and Kashmir State. The equitable development of the constituent regions of Jammu and Kashmir State is the top priority of the JKNL. The JKNL will work for the pro motion of Kashmir, Dogri, Pahari, Balt, Shina,Pashto and Ladakhi languages of the state.The JKNL holds the firm view that the religion must be fully separated from politics in the state. The JKNL aspires to make Jammu and Kashmir State a model of democracy, secularism, federalism, pluralism, development and good governance in the country. The JKNL will work for making Jammu and Kashmir State knowledge society and will strive for developing scientific temperament among the youth of the state and will promote merit and competition in education and employment in the state.
Prof. G. M. Athar (President, JKNL) can be reached at ghathar@yahoo.co.in.
