Autonomy of J&K

 Autonomy : An Old Story

It is not the first time that the issue of autonomy for Jammu and Kashmir has been discussed. The Government of India and the various governments of the state of Jammu and Kashmir have experienced an uneasy relationship on this issue. The report of the State's Autonomy Committee has aroused passion and excitement on all sides. Despite the fact that Article 370 of the Indian Constitution provides special status to Kashmir, the Governments of both the Centre and State have failed to establish peace there.

A careful study of Article 370 reveals that J&K has six special provisions:
(a) should be allowed to have its own Constitution within Indian Union;
(b) the Parliament was restricted over the state to three subject- defence, external affairs and communication;
(c) if any constitutional provision or other Union powers were to be extended to the state, it would require the consent of the state government;
(d) if the consent alone was not sufficient than the 'Constituent Assembly' of the state would ratify it;
(e) the authority of the state government's consent only till the State's Constituent Assembly is convened;
(f) it also provides the President to abrogate or amend an order. But Article 370 cannot be amended as Article 368 says that no amendment shall have effect in relation to J&K.

The State Autonomy Committee's Report is controversial because of its following demands:
*the J&K Assembly seeks the removal of the word 'temporary' from Article 370;
*only defence, foreign affairs, communications and ancillary subjects to be with centre;
* Article 356 not to be applicable in J&K; * election commission to have no role;
* J&K Assembly to have final say during external aggression or internal emergency;
* no role for All India Services (IAS, IPS etc.);
* Governor to be called Sadar-e-Riyasat and C.M as Wazir-e-Azam;
* to curtail the role of Parliament and President;
* no jurisdiction of Supreme Court in appeals from High Court in civil and criminal cases;
* no special provisions for SC, ST and backward classes;
* Parliament not to be empowered to amend the constitution and procedures with respect to J&K. These demands cannot be accepted because it would mean total Azadi, hence the BJP led coalition rejected the report.

The argument that the autonomy for Kashmir will give rise to similar demands from other states and will lead to the disintegration of the country, is just to divert attention. But this is not possible because no other state, than J&K, signed the instrument of accession during independence, while the other states merged with the Union. When special status was granted to Kashmir under Article 370 of the Indian constitution, no other state raised such demand. The issue of Kashmir should not be confused with the question of devolution of more powers to the states.

If the autonomy resolution is implemented, then the people of J&K will be deprived of the civil and fundamental rights which they enjoy as the citizens of India. If the control of Auditor General is scrapped then there will be no accountability of the aids and finances that is supplied to J&K. The basic structure of the constitution shall not exist in the state thereafter as the sovereign feature of our constitution will be hampered.

Pakistan can use this opportunity and demand for complete freedom of Jammu and Kashmir, for which it has been waiting. The autonomy demand will make J&K more or less an independent state and Pakistan can raise objection as to why J&K is still considered a part of India. It will be a repetition as in the case of Bangladesh, when there was a demand of greater autonomy from the then East Pakistan and later it seeked India's intervention for its independence as a separate country.

The grant of greater autonomy would not solve the problems of Kashmir but would definitely restore the democratic politics in state. The conflict and violence has injured the psyche of the ordinary Kashmiri and the bruise will take a long time to heel even after the peace is restored.

By: Jasmeet Singh