Perils of historical amnesia

Perils of historical amnesia

Article:

1. Sandeep Bhardwaj, research associate with Centre for Policy Research, highlighted the controversies involved with Article 35A of the Constitution and India’s efforts to bring Kashmir into its fold.

Important facts:

2. The critiques  of Article 35A argued that :

• The Article affords Jammu and Kashmir undue power especially by preventing non-state residents to own land in the state.
• The critiques said that media portrayed the debate as a question of “special status” of Jammu and Kashmir.
• Critiques argued that the fundamental purpose of introducing article 35A was totally different. Instead of giving the state a “special status”, it was designed to take autonomy away from it.

3. Article 35A:

• It was introduced in 1954 as part of a Presidential Order.
• The order was celebrated in India as a great step towards bringing Jammu and Kashmir closer into the Union of India.
• The Hindu right-wing leaders had hailed it as a “Commendable step”.
• The controversial Instrument of Accession signed by Maharaja Hari Singh in 1947 brought the State into the Union of India and gave New Delhi control over Kashmir’s defence, foreign policy and communications.
• On all other matters, the State government retained powers.
• India’s tenuous grasp over Jammu and Kashmir was further complicated by New Delhi’s international commitment to hold a plebiscite in the State to decide its eventual fate.
• The New Delhi’s power over Jammu and Kashmir was defined more clearly after coming into effect of the Indian Constitution.
• India’s fundamental rights and directive principles were not applicable in Jammu and Kashmir at all.

4. The Delhi Agreement

• In 1952, Jawaharlal Nehru invites Abdullah to discuss how India and Jammu and Kashmir could be more closely integrated.
• As a result, the 1952 Delhi Agreement came into existence.
• The Delhi agreement did not finalise financial integration and required the fundamental rights and citizenship to be granted to the State’s residents via the State Legislature.
• Before the Delhi Agreement could be implemented, the situation was altered radically because of three factors :

5. Any plans for an immediate Plebiscite were abandoned in 1954, which strengthened New Delhi’s hand.

6. In 1953, Nehru faced a nationwide campaign from the Hindu right-wing demanding greater integration of Kashmir.

7. In 1953, Abdullah was arrested and replaced by Bakshi Ghulam Mohammed, who was far more amenable to integration with India.

• In 1954, New Delhi negotiated a new agreement with Bakshi, which was passed by the Kashmir Constituent Assembly. This still left the state with enormous autonomy.
• All “residuary powers” rested with the State legislature. The state government could detain people who did not enjoy the right to appeal to the Supreme Court.
• Today’s debate over the Article should be seen as part of this larger decades-long process of the State’s integration into India.