Memorandum on behalf of Muslim Rashtriya Manch we are an organization which believe in Patriotism, Nationalism, Communal Harmony, Service to Others, peace and Democracy. Our members spread all over in India. It is often not realized that among the causes of Kashmir problem – inclusion of plebiscite in the Instrument of Accession, reference of Kashmir to UN, halting Indian offensive when it was poised to drive out the invaders from Kashmir, Article 370 has played no less a part in preventing J&K from becoming an integral part of the Indian Union. Not many people are aware as how and why this Article was formulated and included in the Indian Constitution despite grave misgivings of Sardar Patel and indeed a large number of the members of Congress Working Committee and Constituent Assembly. Article 370 was worked out in late 1947 between Sheikh Abdullah, who had by then been appointed Prime Minister of J&K by the Maharaja and Nehru, who kept the Kashmir portfolio with himself and kept Sardar Patel, the home minister, away from his legitimate function. Hence Nehru is answerable to all acts of commission and omission, consequences of which we are suffering till date as far as J&K is concerned. 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. Nehru’s 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 re-designate 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. Jawahar Lal Nehru The handsome Harrow educated aristocrat who gave up a life of luxury to join the freedom movement. Babu’s 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. Sheikh Mohammed Abdullah (Grand father of Omar Abdulla) 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. Sheikh Mohammed Abdullah 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 Sardar thereupon resigned and the matter fell in Gandhiji’s 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. 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. 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 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 defense purposes.
Posted on: Sat, 31 May 2014 07:48:37 +0000
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