LATE JAMMU AND KASHMIR CONSTITUTION WAS A BEFFITING RESPOSE TO PAKISTAN’S PROPEGANDA
-jay singh rawat
At last, the wait was over on Monday 11 December as the people were anxiously and eagerly waiting for the decision on the abrogation of Article 370 and the wait has now ended as the Supreme Court has given a historical and important decision and held the constitutional amendment regarding the abrogation as constitutionally valid and held the 5 August decision as it relates to the annulling of the controversial article 370 as valid, legal and constitutional. But the importance of the late constitution of Jammu and Kashmir state will be remembered for its commitment of allegiance with the Union of India as an integral part of the nation. That much-discussed constitutional provision and the separate constitution of that state were buried forever. After this this dispute should end now. Anyway, gradually Article 370 will automatically go into oblivion from the minds of Indians and only researchers will search for that section in the pages of history. But despite all the criticisms and arguments, the truth cannot be ignored that the Constitution of Jammu and Kashmir in itself was a suitable answer to Pakistan’s anti-India propaganda regarding Jammu and Kashmir on the international stage. That Constitution was also a documentary proof of that state being an exclusive part of the Union of India.
The Constitution of Jammu and Kashmir, before its abrogation in August 2019, provided the region with a special status within the Indian Union. It was unique compared to the constitutions of other Indian states. The Preamble of the Constitution of Jammu and Kashmir, before its abrogation in August 2019, stated:
“We, the people of the State of Jammu and Kashmir, having solemnly resolved, in pursuance of the accession of this State to India which took place on the twenty-sixth day of October 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof, and to secure to ourselves justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among us all; fraternity assuring the dignity of the individual and the unity of the nation. In our Constituent Assembly this seventeenth day of November 1956, do hereby adopt, enact and give to ourselves this Constitution.”
This preamble reflected the objectives and aspirations of the people of Jammu and Kashmir, emphasizing justice, liberty, equality, and fraternity within the framework of the Indian Union following the state’s accession to India in 1947. The Constituent Assembly of Jammu and Kashmir was a representative body established to draft and adopt the Constitution of Jammu and Kashmir. It was convened to determine the constitutional future of the state after it acceded to India in 1947.
Key points about the Constituent Assembly of Jammu and Kashmir:
Formation: The Constituent Assembly was formed in 1951, following the 1950 Delhi Agreement between the leadership of the state and the Indian government. This agreement outlined the terms of the state’s accession to India and provided for the establishment of a Constituent Assembly to draft a constitution for Jammu and Kashmir.
Representation: The Assembly comprised members elected by the people of Jammu and Kashmir. These members represented various regions and communities within the state.
Tasks: The primary task of the Constituent Assembly was to draft and adopt a constitution for the state. It deliberated on various issues related to governance, rights of the people, autonomy, and the relationship of the state with the Union of India.
Adoption of the Constitution: The Constituent Assembly of Jammu and Kashmir adopted the state’s constitution on November 17, 1956. This constitution defined the relationship of the state with the Union of India and outlined the powers and rights of the people of Jammu and Kashmir.
Special Provisions: The Constitution of Jammu and Kashmir, framed by this Constituent Assembly, contained special provisions such as granting the state autonomy in many matters except for defense, foreign affairs, finance, and communications. It also provided for special rights and privileges for the permanent residents of the state.
Following the adoption of the Constitution, Jammu and Kashmir functioned under its provisions until August 2019, when the Government of India revoked Article 370 and 35A of the Indian Constitution, effectively abrogating the special status and autonomy previously enjoyed by the state and integrating it fully into the Indian Union.
The Constitution of Jammu and Kashmir, before its abrogation in August 2019, provided the region with a special status within the Indian Union. It was unique compared to the constitutions of other Indian states. Some of its salient features included:
Special Autonomy: Jammu and Kashmir had a significant degree of autonomy compared to other Indian states. Article 370 of the Indian Constitution granted special autonomous status to the state, allowing it to have its own constitution, flag, and autonomy over internal matters except for defense, foreign affairs, finance, and communications.
State Constitution: Jammu and Kashmir had its own separate constitution called the Jammu and Kashmir Constitution. It provided for a separate set of laws governing the state’s administration, rights of citizens, and more.
Dual Citizenship: Residents of Jammu and Kashmir were considered citizens of India as well as of the state, giving them certain privileges and rights that were exclusive to the region.
Safeguards for Permanent Residents: The state constitution contained provisions that safeguarded the rights of permanent residents, such as laws governing property rights, employment, and education. Non-residents had limited rights in these aspects.
Unique Flag: Jammu and Kashmir had its own flag, alongside the national flag of India, which was used in conjunction with the national flag in the state.
Special Rights and Privileges: The constitution provided for special rights and privileges for the people of Jammu and Kashmir in areas like land ownership, government jobs, and scholarships.
Separate Laws: The state had the power to enact its own laws on various subjects like ownership of land, fundamental rights, and others, which could be different from laws enacted by the Indian Parliament for other states.
Provisions for Constitutional Amendments: Unlike the Indian Constitution, where amendments could be made through a specified process, any changes or modifications to the Constitution of Jammu and Kashmir required the state’s constituent assembly’s approval.
In August 2019, the Government of India revoked Article 370 and Article 35A of the Indian Constitution, which granted special status to Jammu and Kashmir. Consequently, the special autonomous status and many of the aforementioned features were effectively abrogated, integrating Jammu and Kashmir fully into the Indian Union. After this revocation, the former state was bifurcated into two union territories: Jammu and Kashmir, and Ladakh.
The Constitution of Jammu and Kashmir was framed by its Constituent Assembly to define the governance structure and rights of the people of the region after its accession to India in 1947. It aimed to address the internal dynamics, aspirations, and unique circumstances of the state. The Constituent Assembly of Jammu and Kashmir, which was responsible for drafting the Constitution of the state, comprised a total of 75 members. These members were elected by the people of Jammu and Kashmir to represent various regions and communities within the state. Justice Mehr Chand Mahajan, who later became the Chief Justice of India, served as the President of the Constituent Assembly of Jammu and Kashmir for a considerable period. He was elected as the President of the Constituent Assembly in its initial stages and played a significant role in guiding the Assembly during the drafting and adoption of the Constitution of Jammu and Kashmir.
Regarding Pakistan’s propaganda about Kashmir, the constitution can be viewed from several perspectives:
Internal Governance: The constitution sought to establish a system of governance that reflected the wishes and needs of the people of Jammu and Kashmir. It provided a framework for local administration, defining the state’s relationship with the Union of India while also granting a significant degree of autonomy to the state.
Response to Pakistani Claims: Pakistan had consistently propagated its viewpoint on the Kashmir issue, claiming the region should have acceded to Pakistan due to its Muslim majority. The Jammu and Kashmir Constitution, by defining its relationship with India through its own constitutional framework, aimed to counter such claims by emphasizing the state’s accession to India and its integral part within the Indian Union.
Protection of Rights: The constitution included provisions that safeguarded the rights of permanent residents and provided for specific privileges and protections not available to non-residents. These provisions were seen as an effort to protect the identity, land, and culture of the people of Jammu and Kashmir.
Regional Autonomy: By having its own constitution and a certain level of autonomy, the document aimed to provide a mechanism for self-governance to the region, aiming to address the sentiments of its diverse populace.
However, despite its intentions, the Jammu and Kashmir Constitution also faced criticism from various quarters within and outside the state. Some critics argued that certain provisions, such as those related to the special status of the state, contributed to separatism and hindered full integration of the region within the Indian Union.
Ultimately, the response to Pakistan’s propaganda about Kashmir was multifaceted and involved diplomatic, political, and constitutional efforts. The Constitution of Jammu and Kashmir was a part of this response, attempting to solidify the state’s status as an integral part of India and to address the aspirations of its people within the Indian constitutional framework.