'Pre-1953' Kashmir Not Feasible
by Dr. Hari Om
Prof. Hari
Om of Jammu University asserts that ignoring the implications of a
return to the pre-1953 situation in Kashmir would be suicidal
- Editor |
Will
a return to the "pre-1953 situation" in Kashmir redress the grievances
of the Kashmiris and recognise their right to shape their political and economic
future? A study of the political, constitutional and administrative structure as
it existed in Jammu and Kashmir prior to Sheikh Abdullah's dismissal and arrest
on August 9, 1953 suggests that it will not. Rather, all the powers,
legislative, executive and judicial would be conferred on the "council of
ministers' depriving the Kashmiris of whatever political rights they have
exercised so far.
Between September 7, 1939 and January 26, 1957, the
Jammu and Kashmir constitution was ostensibly used by the state ruler, Hari
Singh, to placate the Kashmiris. Under the leadership of Sheikh Abdullah, they
were demanding since 1931 the replacement of autacracy by democracy. Though a
legislative assembly of 75 elected and nominated members was set up in
accordance with the Act of 1939, Sheikh Abdullah and his colleagues continued
their protest.
Act of 1939
The pro-democratic leaders felt that the Act of
1939 obstructed the formation of responsible government and facilitated the
exploitadon of the people. The Act was also condemned because it was not framed
by a consdtuent assembly elected on adult franshise, but by the ruler and his
henchmen. Without any elected assembly, the Act recognised the ruler as the
"fountain head of all essential attributes of sovereignty" with no
court, person or body having the right to overrule his measures or question
their constitutional validity. The Act did not also recognise the "doctrine
of supremacy of the legislature" nor did it provide for an independent
judiciary or grant freedom to press. The institution of "communal
electorates" was also introduced by the Act.
When, despite their efforts, democratic principles
were not introduced in the state's polity, Sheikh Abdullah and other
pro-democracy leaders intensified their struggb to seek the withdrawal of the
Act. This struggle ultimately developed into the "1946 Quit Kashmir
movement", with the National Conference cadres challenging the ruler's
authority, confronting the police, attacking police stations and other symbols
of the government, demanding tlle dethronement of Hari Singh and establishment
of an elected government. To restore order, the police and the army had to swing
into action and imprison Sheikh Abdullah and other pro-democracy leaders on the
charge of sediton.
Unda these circumstances and in wake of the
Pakistani aggression, Jammu and Kashmir acceded to the Indian dominion on
October 26, 1947. Unfortunately, the state's accession and the Sheikh's
appointment as its "emergency administrator" in October 1947 did not
bring any relief to the people. For the Sheikh rather than repeal the Act of
1939, chose to exploit it to strengthen his own position, marginalise his
associates like Bakshi Ghulam Mohammed, Ghulam Mohammed Sadiq, Mohi-ud- din Kara
and Maulana Masoodi and crush his political opponents in Jammu, Kashmir and
Ladakh. It was only during the rule of Bakshi Ghulam Mohammed (August,
1953-September, 1963) that a number of measures were adopted to set up
democratic institutions. These included the abrogation on May 14, 1954 of
Section 75 of the Act of 1939 under which the "council of ministers"
acted as the "final interpreter of the state's constitution".
"His Highness's Board of Judicial Advisors" was also abolished on May
14, 1954, the jurisdiction of the Supreme Court was extended to Jammu and
Kashmir and on January 26, 1957, the people's representatives in the state's
constituent assembly adopted a new constitution recognising the people's right
to shape their political, administrative and economic policy. The press was also
granted full freedom.
Root of Alienation
Ignoring the implications of a return to the pre-
1953 situation in Kashmir would be suicidal. The roots of the Kashmiris'
alienation lie not in the Central laws introduced in the state after August 9,
1953, but in Mr. Farooq Abdullah's misrule, bureaucratic bungling and the denial
of the legitimate expression of popular will. To conciliate the "alienated
Kashmiri Muslims" and others in Jammu and Kashmira fair, people-oriented
political dispensation is needed. To evolve it the Centre has to discard the
erstwhile Kashmiri rulers and provide an opportunity to the people to elect a
government of their choice. The governor, Mr. K.V. Krishna Rao's move towards
holding assembly elections in Jammu and Kashmir is a step in the right
direction.
(Courtesy: Times of India, New Delhi,
August 17, 1994)
Source: Koshur Samachar
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