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Written by: Bhim Singh-Chief Patron JKNPP

Category: ARTICLES

Published: 23 January 2016

Constitution of the Union of India was adopted on 26th January, 1950. Federation of State was declared after three years long debate of the leadership of the country from different walks of life. The ruler of Baroda, Gaekwad did not sign the Instrument of Accession by 14th or 15th of August. He, rather signed the Instrument of Accession in 1948. The Constituent Assembly included the state in the List of States which were included in the Union List. Hyderabad and Junagarh did not sign the Instrument of Accession at all.

The government of India took over Hyderabad and Junagarh by military intervention. The question that remains unanswered till this day as to why J&K was not acceded to the Union of India, though Maharaja Hari Singh of J&K had signed the Instrument of Accessionon 26th October, 1947 in the presence of Shri V.P. Menon, the then Union Secretary.  The Maharaja offered his consent to accede at the Amar Singh Palace at Jammu in the presence of Shri V.P. Menon. This was most unfortunate and unforgivable decision taken by the then government of India.

There were members from Jammu and Kashmir representing the state in the Constituent Assembly of India. They included Sheikh Mohd. Abdullah, Mr. Mirza Afzal Beg and two others. Article 370 was inserted in the Constitution of India, an unforgivable blunder which has subjected the entire country to chaos and international crisis. This  Article vested constitutional authority to the State of J&K headed by Maharaja Hari Singh till 20th August, 1952, the day Sheikh Abdullah was removed from power and put behind the bars. The Indian leadership has never been able nor it shall ever be in a position to explain its conduct vis-a-vis its constitutional relationship between the Union of India and the unfortunate state of J&K.

Article 370 collapsed on the day, Sheikh Mohd. Abdullah was dismissed and the state of J&K was brought under the direct control of Constitution of India. Article 370 was introduced only to give a face shaving to the status of Monarchy (headed by Maharaja Hari Singh). The day Monarchy was abolished, Article 370 became redundant rather was litterally washed away from the pages of the Indian Constitution. Article 370 has been used as a blind weapon to demolish the seedlings of democracy and rule of law in the state of J&K. The state of J&K was formulated in 1946 by Maharaja Gulab Singh signing the Treaty of Amristar with the outgoing East India Company. The Kashmir Ghati State and Ladakh were put together naming the state as Jammu, Kashmir and Ladakh. Today Ladakh is moving towards its autonomous self whereas the people of the Valley of Kashmir have been putting all their resistance seeking autonomous status which it was enjoying before 1846 as a province of Punjab.

Today Assam has been dissected into seven states, even Andhra has been divided and Punjab has emerged into three states; Punjab, Himachal Pradesh and Haryana. The time has come when reality needs to be accepted. It is time when J&K should be reorganized by establishing Jammu State, Kashmir Ghati State with liberty to the people of Ladakh to accede to either of states or take shelter as a Union Territory. The people in POK shall have freedom to join Jammu State and similarly the people of Gilgit-Baltistan may choose Ladakh if they wish. This is the only solution for peaceful resolution of the present state of J&K. No war, no hatred, no bullets, no discrimination  and peaceful co-existence.

The J&K National Panthers Party is committed for reorganization of the State by floating ‘Twin States’ doctrine so that Jammu State and Kashmir Ghati State shall grow as sister states with one Governor and one High Court.