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Home > News > Homeland Security > Article 370: The untold story
Homeland Security
Article 370: The untold story
Why should a state of the Indian Union have a special status? It conveys a wrong signal
not only to Kashmiris but also to the separatists, Pakistan and indeed the international
community that J&K is still to become integral part of India, the sooner Article 370 is
done away is better.
While it was Mountbatten who persuaded Nehru to take the J&K issue to the UN, it was Sheikh Abdullah, who, driven
by his ambition to be ruler of an independent Kashmir and his hatred for the Maharaja, persuaded Nehru to give special
status to J&K. Among his reasons were occupation of one third of J&K by Pakistan, reference to the UN and
plebiscite. The most sinister aspect of proposed Article 370 was the provision that any changes could be brought about
in it only by the concurrence of J&K assembly. Nehrus promise that Article 370 was a temporary provision and will get
eroded over a period of time has turned out to be a chimera. The first thing that Sheikh Abdullah got done was to abolish
hereditary monarchy and redesignate him as Sadar-e-Riyasat who was to be elected by the Assembly. The accession of
J&K State into Indian Union was approved by J&K Assembly only in 1956.
Dramatis Personal
Jawahar Lal Nehru The handsome Harrow educated aristocrat who gave up a life of luxury to join the freedom
movement. Babus choose heir and darling of the masses, he had a fatal flaw. He cared for personalities rather than
issues and institutions, be it selection of Lord Mountbatten as the first Governor General of free India, retaining a senior
British officer as the Commander-in-Chief of India Army or backing Sheikh Abdullah to the hilt his choices were
unfortunate. Finally the Chinese aggression of 1962 shattered his image of a world statesman.
Sardar Patel The Iron Man of India silent, strong and pragmatic with a complete hold on congress party organization
rightly credited with creating a unified India by integrating 565 princely states in it he would have included Kashmir
also in it if allowed to do so by Nehru. The only blot on him was the insinuation that he failed to protect his beloved
Bapu. The slur only hastened his end in Dec 1950.
Nehrus promise that Article 370 was a temporary provision and will get eroded over a
period of time has turned out to be a chimera.
Sheikh Mohammed Abdullah Charismatic Kashmiri leader who never let go of his dream of ruling an independent
Kashmir even while masquerading as a secularist architect of Article 370 along with Nehru. He must share with Nehru
the grave consequences. Lion of Kashmir brought Nehru under his spell from 1938 onwards to the extent that in May
1947 when he was arrested by the Maharaja for sedition, Nehru represented Sheikh as his lawyer and was even arrested
in Jun 1947 by the Maharaja while trying to enter J&K. Finally Nehru had to eat the humble pie by arresting Sheikh
Abdullah for sedition on 9 Aug 1953.
Maharaja Hari Singh The Maharaja saw an opportunity at the end of British Raj to keep Kashmir as the Switzerland
of the East. Trying to repeat history when his ancestors Maharaja Gulab Singh and Ranbir Singh gained handsome
dividends by keeping aloof during the Sikh War and Great Mutiny, Hari Singh tried to sign a standstill Agreement with
India and Pak at the time of independence, Pakistan signed, India declined. Maharaja died a lonely man, forced to
abdicate and exiled from his beloved land.
The Drama Unfolds
Having finalized the text of Article 370 with Sheikh Abdullah, Nehru brought in Gopalaswamy Ayyangar, IAS, as a
minister without portfolio to help him deal with Kashmir portfolio and plead the case of Article 370 in the Constituent
Assembly. Gopalaswamy Ayyangar had been prime minister of Kashmir for six years with Maharaja Hari Singh. When
Sardar Patel expressed his misgivings, this is what Nehru had to say on Dec 27, 1947.
Gopalaswamy Ayyangar has been especially asked to help in Kashmir matters. Both for this reason and because of his
intimate knowledge and experience of Kashmir, he had to be given full latitude. I really do not know where the States
Ministry (Sardar Patels ministry) comes into the picture except that it should be kept informed for the steps taken. All
this was done at my instance and I do not propose to abdicate my functions in regard to matters for which I consider
myself responsible. May I say that the manner of approach to Gopalaswamy was hardly in keeping with the courtesy due
to a colleague.
It speaks volumes of Patels loyalty to a colleague that despite his own and others
misgivings, he managed to convince the members of Constituent Assembly and
Congress Party Executive. But to V Shankar he said Jawaharlal Royega.
The Sardar thereupon resigned and the matter fell in Gandhijis lap to bring the two colleagues together. During this
period, V Shankar, IAS was the personal secretary to Patel and had maintained a record of all events. It is clear from
these records that Nehru finalized the draft of Article 370 alongwith Sheikh Abdullah without even informing Patel.
Thereafter it fell to Gopalaswamy Ayyangar to get the draft passed in the Constituent Assembly discussions. The
proposal was torn to pieces by the Constituent Assembly and also Congress Party Executive.
Nehru, who was abroad at the time, swallowed his pride and rang up Patel and requested him to get the Article 370
approved It speaks volumes of Patels loyalty to a colleague that despite his own and others misgivings, he managed to
convince the members of Constituent Assembly and Congress Party Executive. But to V Shankar he said Jawaharlal
Royega. V Shankar, in his record has described the meeting of the Congress Executive Committee The meeting was
one of the stormiest I have ever witnessed barring the party meeting which discussed the proposition relating to Rajaji
becoming the first President of Indian Republic. The opinion in opposition to Gopalaswamys formula was forcefully and
even militantly expressed and the issue even brought in the sovereignty of the Constituent Assembly to draw up the
Constitution without being tied down to the apron-strings of the Kashmir State Constituent Assembly. In such a situation
even Maulana Azad was shouted down.
The Party was in uproar. The Sardar had to plead that because of the international complications, a provisional approach
alone could be made leaving the question of final relationship to be worked out according to the exigencies of the
situation and mutual feelings and confidence that would have been by then created. Once the Sardar had taken charge, all
opposition to the draft was silenced And how Nehru responded to this great act of loyalty on part of Sardar? On 24
July 1952, after Sardar was no more, Nehru made a detailed statement on Kashmir in the Parliament on slow integration
of Kashmir into India Union and mentioned that Sardar Patel was all the time dealing with these matters. Even
Gopalaswami Ayyangar was dismayed at this blatant lie and mentioned to V Shankar It is an ill return to the Sardar for
the magnanimity he had shown in accepting Panditjis point of view against his better judgment.
Consequences of Article 370
Article 370 has been the biggest impediment to integration of J&K State into Indian Union. That it was incorporated in
the Indian Constitution by the machination of two individuals Shiekh Abdullah and Nehru is all the more regrettable.
Nehru had to eat the humble pie when he had to arrest the Sheikh for his divisive and anti national stance on 8 Aug 1953
but he did not let go of his concept of keeping J&K a separate entity. In 1957, some top leaders of National Conference
led by Mr Qasim split the party and formed a group called Democratic National Conference (DNC).
Article 370, included in the Constitution on a temporary provision should have been
gradually abrogated. This has not happened in sixty years.
It had abrogation of Article 370 on its agenda. Nehru would not brook any opposition to his policy of keeping J&K a
separate entity. He told the leaders that a new threat (China) is emerging and it is an inopportune time to raise this issue
and forced them to drop their demand. Nehru thereafter decided to withdraw the Kashmir conspiracy case against
Sheikh Abdullah. This case had been going on since May 21, 1958. The formal orders however were issued by Govt of
India on 8 April 1964.
It is often forgotten that J&K state is not a homogeneous entity. Apart from Valley Muslims, Jammu has a predominantly
Hindu population while Ladakh has a mix of Buddhist and Muslims. Then you have the Gujjars & Bakarwals. Why is
Article 370 detrimental to the full integration of J&K state into Indian Union. Firstly the Central Govt can make laws only
with concurrence of the State govt, practically giving it the Veto power. Article 352 and 360 for declaration of national
and financial emergency respectively cannot be applied in Kashmir. While a citizen of India has only Indian citizenship,
J&K citizens have two citizenships. Anti Defection Law is not applicable to J&K. No outsider can buy property in J&K
state.
The beneficial laws such as Wealth Tax, Gift Tax & Urban Land Ceiling Act and intermarriage with other Indian nationals
do not operate in J&K State. Even Article 356 under which President of India can impose his rule in any state cannot be
enforced in J&K without consent of the Governor who himself is an appointee of the President. State of J&K can refuse
building of any cantonment on any site or refuse to allot land for defence purposes.
Article 370, included in the Constitution on a temporary provision should have been gradually abrogated. This has not
happened in sixty years. In fact whenever someone mentions this, vested interests raise an outcry that legitimate rights of
Kashmiris are being trampled upon. Stated agenda of National Conference is return to pre 1953 status. Why should a
state of Indian Union have a special status? It conveys a wrong signal not only to Kashmiris but also to the separatists,
Pakistan and indeed the international community that J&K is still to become integral part of India, the sooner Article 370
is done away is better.
=======================================================================
Article 370 of the Constitution of India
Temporary Provisions with respect to the State of Jammu & Kashmir
1. Notwithstanding anything in this constitution:
(a) The provisions of Article 238 shall not apply in relation to the State of Jammu & Kashmir.
(b) The power of Parliament to make laws for the said state shall be limited to
(i) those matters in the Union List and the Concurrent List which in consultation with the Government of the State,
are declared by the President to correspond to matters specified in the Instrument of Accession governing the
accession of State to the Dominion of India as the matters with respect to which the Dominion Legislature may make
laws for that State and
(ii) Such other matters in the Said Lists as, with the concurrence of the Govt of the State, the President may, by
order specify.
1. Explanation. For the purposes of this Article, the Govt of the State means the person for the time being
recognized by the President as Maharaja of Jammu & Kashmir acting on the advice of the council of Ministers
for the time being in office under the Maharajas Proclamation dated the fifty day of March 1948.
(c) The provisions of Article (1) and of this Article shall apply in relation to this State;
(d) Such of the other provisions of this Constitution shall apply in relation to that State Subject to such exceptions and
modifications as the President may by order specify;
Provided that no such order which related to the matters specified in the Instrument of Accession of the State referred to
in paragraph (i) of sub clause (1) shall be issued except in consultation with the govt of the State.
Provided further that no such order which relates to matters other than those referred to in the last proceeding proviso
shall be issued except with the concurrence of the Govt of the State.
(2) If the concurrence of the Govt of the State referred to in para (ii) of Sub Clause (b) of Clause (1) be given
before the Constituent Assembly for the purpose of framing the Constitution of the State is concerned. It shall be
placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding the anything in the foregoing provisions of the article, the President may, by public notification,
declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications
and from such date as he may notify.
Provided that the recommendation of the Constituent Assembly of the State referred to in Clause (2) shall be necessary
before the President issues such a notification.
=======================================================================
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Hence to delete the Article 370, all that is required is a constitution amendment bill introduced in the parliament
and passed by a majority of not less than two-thirds of the members of each House present and voting and a
majority of the total membership of each House.
As someone rightly said It is difficult to conceive a simpler method of amending the Constitution!
But then, it is equally difficult to convince the majority in the parliament since it is always partys interest over that
of the Nation.
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Indian governance in the state where each political party shouts out political, religious and ethnic separation from
India, louder than the next one. The enemy across the border has found this to be a perfect arrangement for
infiltration and subversive activities. The Indian government seems to be powerless, continues to pump enormous
doles from the exchequer to keep the state afloat and has nothing to show for all the investments. Kashmir state
laws preventing ownership of property by people from outside the state have essentially guaranteed the economic
development near zero. On a broader scale, Indias Pakistani sponsored terrorism has been rooted in Article 370.
It has legitimized Pakistani agents in Kashmir under the cover of separatist who are funded and fueled by the
enemy. It is disingenuous on part of Omar Abdullah to turn his back on India on the matter of abrogation of Article
370. For India to move forward, national integration from North to South and East to West is a fundamental
necessity. The debate to abrogate Article 370 must proceed full steam ahead, lawfully and openly, in the halls of
the parliament. If a constitutional amendment is required for abrogation, so be it. The Indian state of Kashmir is not
just a piece of geography in the far North, it is a frontier where India faces eye-ball to eye-ball, not one but two
mortal enemies of the largest secular democracy in the world
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After so many wars over J&K and the decision of people of the J&K region to stay on the India side of the de
facto border, has made the referred to article irrelevant after the wars. Wars have decided which parts of J&K are
integral part of India, and the PoK part with the occupiers should be taken back by India if there are any moves
made against India by anyone.
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infallible.
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R L Ramakrishnan on May 28, 2014 at 10:19 pm said:
Sir, IAS was formed in 1946. Please check en.wikipedia.org/wiki/Indian_Administrative_Service
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1. concerted efforts to better integrate J & K into the overall fabric of India and for that to be
accomplished
2. fabric of India, overall, needs to be strengthened by rejuvenating what is means to be an Indian defining
progress as not just more bells and whistles carried over from the west but strong emphasis on virtues and
core values espoused in all faiths and for that to happen
3. political establishments across the nation need to unified in pursuit of such goal and for that happen
4. each and every one who calls for India to be a strong entity needs to embrace such value system in their own
daily lives and make concerted effort to live by the same.
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consent of the people of Jammu Kashmir ( Kashmir Ghati) and there was also no condition in the Indian
Independence Act 1947 for such consent. In part-XXI of Constitution of India Art-370 is mentioned as
Temporary Provisions wrt the State of Jammu and Kashmir, so do those who plead that Art-370 can not go or
can not be amended mean to say that the Authors of Constitution of India had temporarily included J&K in
territory of India? In case they opine so then any fair mind would surely take pity on them.It should also be
understood that at Art 370( 1-c) it has been mentioned that the provisions of article I and of this article shall apply
in relation to that State and it is not because Art-1 applies through Art-370 but Art-1 has been mentioned along
with Article -370 there to demonstrate that Art-1 is totally an Indian Union subject ( Union subject) and no any
clarifications / interpretations are to be made concerning any matter pertaining to Article-1 as has otherwise been
made regarding other subjects to be seen as subjects of Union or State list.
And there is no reference of grant of Special Status or Autonomy to J&K in article-370 or in any other chapter /
article of Constitution of India.
Had such issues been clarified in 1950s, there would have been no much controversies about J&K. Any how still
corrections could be applied.
As far as I know Sheikh was not appointed interim Prime Minister of J&K in 1947.
daya sagar senior coloumnist / social activist dayasagr45@yahoo.com
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combined to explain what may have gone through the minds of the Indian Congress leaders at the time of partition.
The result today is a time-bomb ticking away which can reverberate devastatingly through the rest of India if
ignited. The smartest and the brightest need to rise to undo the harm. The following are some thoughts on this:
First, open a public dialogue to inform, educate and consul the population that this is a national matter, and not an
issue dealing with a small corner effectiing a minority population. Second, make a case based on national security
of India to do away with article 370. Regardless of the possible push back from the Pakistani sympathizers in the
Valley, the Indian government must move forward. The security of India cannot be bartered away to appease a
small minority population in the most strategically important part of India. Third, present policies and programs to
provide benefits, political freedom and rights to all the citizens of Kashmir same as any other Indian state. If a
minority resists to such a change they should be allowed to contest their positions in the Indian courts of law same
as any other state. If after the courts have spoken, whether the extremist accept the verdict of the courts or not,
the Indian law enforcement agencies should plan to enforce the laws of the nation. It is only India, not UN and not
Pakistan or its allies who will decide what is required to maintain the defence and integrity of India
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Sorry to say but your argument in favor of #370 is stupid. Yes it is totally STUPID.
Country can not run with the fear and national interest must be prime of the nation and nation should not
compromise for that matter.
Like(3) Reply Report Abuse
deshbhakt on September 17, 2013 at 10:45 am said:
Dear pankaj I want to tell you that you are highly dumb and timid. Because people like you india always
remains on the backfoot. Get rid of such pessimism if you want to see india as a real superpower. We
cannot think of appeasing a single community when our soldiers are being butchered at the loc. We have to
take strong steps internally and externally to be seen as a fearless nation, which unfortunately is not the case
right now because of such attitude.i would really like to see some bold steps by the indian government and
article 370 to be abolished.
Like(0) Reply Report Abuse
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