Jammu & Kashmir a permanent imbroglio; A part of our history for my son Deep

Jammu & Kashmir a permanent imbroglio: -

I always considered myself as a student of History. If one ignores the dates etc. then reading a history book is like a story book! Incidentally, any history student must know tit bits of demography as well as geography to understand truly what was in the mind of power players of those times of nascent India! This is the second part of the history pages that is still considered as 'Hornet's nest'

In spite of being a monarchy, Jammu and Kashmir had a constitution in place since 1939. And defining the powers of the maharaja of the Jammu and Kashmir State and his jurisdiction, Section 4 of that constitution clearly and emphatically said that the maharaja was “an absolute Monarch” in whom are vested all the powers in relation to the State: “The territories for the time being vested in His Highness are governed by and in the name of His Highness, and all rights, authority and jurisdiction which appertain or are incidental to the government of such territories are exercisable by His Highness...”. Section 5 too clarified: “Notwithstanding anything contained in this or any other Act, all powers, legislative, executive and judicial, in relation to the State and its government are hereby declared to be and to have always been inherent in and possessed and retained by His Highness
...” Hence, when the maharaja acceded to India, the act was legal, bonafide, unequivocal and irrevocable, in accordance with the law of the independent State of Jammu and Kashmir as well as with international conventions and laws guiding relations between sovereign States.

V.P. Menon, perhaps the most brilliant civil servant of post-Independent India, who was in the thick of the Jammu and Kashmir accession to India story, had this to say on the subject: “Personally when I recommended to the Government of India the acceptance of the accession of the Maharaja of Kashmir, I had in mind one consideration and one consideration alone, viz. that the invasion of Kashmir by the raiders was a grave threat to the integrity of India. Ever since the time of Mahmud Ghazni, that is to say, for nearly eight centuries, with but a brief interval during the time of the Mughal epoch, India has been subjected to periodic invasions from the north-west.”

The far-sighted Menon’s further observations should be a lesson for all those who wish to be in charge of India’s sovereignty and independence: “Mahmud Ghazni had led no less than seventeen of these incursions in person. And within less than ten weeks of the establishment of the new State of Pakistan, it’s very first act was to let loose a tribal invasion through the north-west. Srinagar today, Delhi tomorrow. A nation that forgets its history and its geography does so at
its peril.” Menon was bang on target to conclude thus: “If the invasion by the raiders had not taken place, I can say in the face of any contradiction that the Government of India would have left Kashmir alone.” After accession to India, Jammu and Kashmir found its position among the states of India through special provisions in the Constitution of India which came into effect on January 26, 1950.

(It is wrong to say that in Kashmir Sunni Muslims are majority. They are not. There is a sizable Hindu community and Buddhist. In total they are majority in all senses. There is another factor of Muslims. The valley of Pir Panjal and Hajipir pass including apple growing fields are of Sunni sect. Now, everybody knows what love lost between this all fighting Muslims! Other side of Zojila Pass Muslims are Shia community and they do not want to be killed, subdued by Srinagar valley brethrens. So count them out too. What left of so called free Kashmir/Pak state of Kashmir are miniscule! Gilgit Baltistan populace including Skardu population are Shia followers.)

The shia belt is spread to northern territory known as Gilgit/ Baltistan. Beyond that there lies Wakhan corridor. This territory was so wild that Nehru who belonged to Kashmir valley and knew the demography better than any Indian politician of that era never wanted to include it in the independent India. He was right. (The returning Pak army men going home from Saltora Ridge of Siachen glaciers are occasionally robbed by the local people.)

The final stamp of the acceptance of Jammu and Kashmir as an integral part of India was marked by the promulgation of the constitution of Jammu and Kashmir itself on January 26, 1957, the preamble of which stipulated: “We, the people of the State of J&K, having solemnly resolved, in the presence of the accession of this State of India, which took place on 26th day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part of India as an integral part thereof...”
What makes Jammu and Kashmir an integral and inseparable part of India are the inviolable and irrevocable sections of the constitution. Thus, whereas Section 3 reads, “The State of J&K is and shall be an integral part of the Union of India”, Section 5 clarifies further that “The executive and legislative power of the State extends to all matters except those with respect to which Parliament has power to make laws for the State under the Provisions of the Constitution of India.” The final icing on the cake is Section 147 of the amendment of the Constitution: “An Amendment of the Constitution may be initiated... Provided... that no... amendment seeking to make any change in...the provisions of sections 3 and 5... shall be introduced or moved in either House of the Legislature” of Jammu and Kashmir. (Sarcastically, Politicians of Pakistan conveniently ignore   these!)

Let us then be real. Three legal documents — of October 26, 1947, when Jammu and Kashmir acceded to India; the promulgation of the Constitution of India on January 26, 1950 and the coming into being of the constitution of Jammu and Kashmir on January 26, 1957 — all have clearly and categorically, legally and constitutionally, made Jammu and Kashmir an integral part of India. And yet some congenital traders of eternal conflict, belonging to a foreign country, who have nothing to do with India and its states, go on harming the safety and security of India.

And finally, when both the constitutions, of India and of Jammu and Kashmir, have been created and implemented by “We, the people”, why are outsiders crying hoarse and spreading canards about the genuineness of the legal bond between New Delhi and Srinagar? When will the terror-ridden and militant-infested western neighbour of India realize the futility of its endeavours to take Jammu and Kashmir away by force? Do they want to venture on a ‘1,000 year war’ enterprise, like that of the foreign invaders who had attacked India from the north-west frontiers in the past? Is that possible? Do they think that the political geography of 21st-century India is as fragile as it was during the middle ages? If they think so, let us get real once more. That idea is totally misplaced.

Who was right and who was wrong, it is pointless to discuss now. Fact is that India has a problem breathing on her neck rather permanently. After partition of India, India got the princely state of J & K as a partially land locked state. The approach to Srinagar was through Muzaffarabad, which lied inside Pakistan occupied area. The land locked state had only air connection. The present road through Banihal pass was constructed later on. Even we had our own transit to Srinagar; political leaders never had any broad vision. They would have stamped out the issue for ever by amalgamating J & K by constitutional amendment. Whether they lacked political will or malicious plan B, only time can tell? If India had the guts to annex Sikim amending its constitution, then why not that was extended to J & K, as well as Nagaland?

The blow hot blow cold attitude of Political bigwigs/honchos made some funny & caricature like approach that speaks for itself. Sheikh Abdullah was imprisoned at Kodaikanal. Nehru called him back offered him traditional roasted Cashew nuts with honey and made him Chief Minister of J&K. Like a cobbler son becomes a cobbler, a blacksmith son becoming blacksmith, Indian politicians made politics as a profession with no retirement age and educational qualification. So, his son Dr. Abdullah became a Chief Minister. That time ruling Congress PM, the mother of all dirty politics, dislodged him and placed Dr. Abdullah’s close relative, one of the great looters, rascals Mr. G.M. Shah. This resulted an almighty chaos that it became a snowballing effect that India is still suffering from it. It was a fact that POK people use to come to this part of Kashmir for employment in summer months. (I met one at road side eateries after Sonmarg while I was riding my ‘bullet’ on my way to Leh way back in 1978, the dhaba boy, a simpleton confirmed that). The formidable passes, gorges and valleys that seemed to be inaccessible in winter months are quite easy to come over to this part of the world and quite easily, except Zojila Pass.