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CHAPTER-3

ACCESSION AND POPULAR RESPONSE

On the National scene, in May 1946, with the failure of the Indian National Congress

and the All India Muslim League to reach an agreement on the fundamental issue of

unity or division, the British Government presented Cabinet Mission plan.1 According

to the plan the 'British paramountcy', would lapse and the princes of the State would

become free to decide about joining any of the two dominions, India and Pakistan.2

The Cabinet Mission plan was ultimately accepted by the leaders of both the Indian

Congress and the Muslim League.3

On August 15, 1947, India and Pakistan emerged as two independent dominions.4 The

Maharaja Hari Singh of Jammu and Kashmir offered a 'Standstill Agreement' to both

the dominions to get more time for the final decision. Pakistan agreed it hurriedly

whereas the government of India wanted concurrence of the people of the State.5

Even after the execution of the 'Standstill Agreement' the relations between Jammu

and Kashmir State and the Pakistan were far from cordial relations. The Pakistan

leaders in their efforts to coerce the State to accede to Pakistan, they imposed

economic blockade, cutting off the supply of food, petrol and other essential

commodities and hindered of the free transit of travellers, military pressure were also

applied in the form of hit and run border raids along with 450 miles frontier which

rendered the defence of the State ineffective to resist all out the attack.6

Meanwhile, Mohammad Ali Jinnah deputed Major Shah, one of his important

Secretaries of the Pakistan Government to Srinagar to pursue and put pressure on the

Maharaja to accede to Pakistan. He had a whip and a sword in one hand and a letter of

accession in the other. He met the Prime Minister, the Deputy Prime Minister and the

top military brass and insisted upon them to advice the Maharaja Hari Singh to accede

to Pakistan. When he failed in his efforts he swiftly departed but with the indication

that the Maharaja Hari Singh would soon come to grief and realize his folly.7

When Major Shah submitted his report to the Pakistan government, Mohammad Ali

Jinnah became impatient and in order to force the Maharaja‟s Muslim majority State

to accede to Pakistan, he directed the tribesmen to invade Jammu and Kashmir. The

Pakistan tribals infiltrated in the State and the situation was deteriorated.8

The Maharaja decided to release Sheikh Mohammad Abdullah and his workers on

September 29, 1947.9 The Maharaja‟s decision would not appear unjustified.

10

94

Because at that time the release of Sheikh Mohammad Abdullah had been dictated

more by the immediate need than the needs of an ultimate accession to India. Since

his release, he emphasised on two things. One the Jammu and Kashmir communities

should live side by side in peace, and the question of accession could arise only when

the power had been transferred to the people.11

On October 3, 1947, he said at a

meeting in Srinagar that the problem before the people of Jammu and Kashmir State

was whether they should join the Indian Union or Pakistan or remain independent,12

but Sheikh Mohammad Abdullah reiterated or emphasised his choice would be based

on the welfare of the forty lakhs people living in the State. He want people‟s Raj in

State of Jammu and Kashmir and wants to established such government which would

ensure to them all opportunity to everybody without any prejudice to the cast or

creed.13

Sheikh Mohammad Abdullah demand for responsible government before

taking any decision on accession which saw the approval of Maharaja‟s decision to

release him.14

The decision of the Maharaja was dictated by the fact that to throw back the invader

successfully from the State. And for that the Maharaja required the whole hearted

cooperation and support of the masses which was represented by the popular political

organization, the National Conference. During that period it was the wise decision of

the Maharaja to release the Sheikh Mohammad Abdullah. In his absence the National

Conference volunteers, throughout the disturbance period they tried to helped in

maintaining the peace in the State and also tried to restored the confidence among the

people on the base of self-government (People‟s Raj)15

It was that time when the State was passing through a crucial stage due to Pakistan‟s

full-fledged attack was launched on the State on 21 October, 1947. A large bands of

armed raiders were entered in the State via Abbottabad near Muzaffarabad. Which

further deteriorated the States situation. Within a couple of days Pakistan mounted

offensive all along the borders of the Jammu and Kashmir State. The Maharaja finally

decided to ask military help from India. Therefore, on 24 October, 1947, the Maharaja

of the State was forced to request for accession of the State to India in order to get

military help and save his people from the clutches of Pakistan invaders.16

The Indian Government would not take any decision on the Maharaja‟s request about

military help and accession of the State because they itself received the report of

tribals invasion on night of 24 October, 147.17

Soon after that the Indian

Government‟s military assistance was considered on morning 25 October, 1947, at a

95

meeting of Indian Defence Committee, presided by Lord Mounbatten.18

At that

meeting the Maharaja‟s request for military help was agreed first and extended

immediately. But Lord Mountbatten cautioned against any hasty decision on

accession. Because it was the subject for final rectification by the people through the

plebircite.19

No final decision was taken on these vital issues on 25 October, 1947,

except it was decided that V.P. Menon Secretary of the State Ministary should fly to

Srinagar to find out the true position in Srinagar.20

V.P. Menon informed that it was

supreme necessity of saving Jammu and Kashmir State from the raiders. On the other

hand, the Indian leadership insisted that the popular Government should be

established in Jammu and Kashmir first and then the question of accession to be taken

afterwards.21

In Lord Mountbatten's opinion, that the Indian troops should not enter into an

independent county. It can be done only when the State should acceded to India and

the will of the people should be ascertained by a plebiscite.22

Again V.P. Menon flew

to Jammu where the Maharaja had come from Srinagar, as he was advised by Menon

in his previous visit to leave Srinagar. Under these circumstances the Maharaja had no

alternative other than to accede.23

Assuming a positive response from the Maharaja of

Jammu and Kashmir in this regard, the Government of India accepted the requested

for the accession of the State of the Indian dominion.24

The Instrument of accession

was signed on October 27, 1947 and the military help was dispatched to defend the

Maharaja‟s territory and to protect the lives, property and honour of the people from

the barbaric invasion of tribes men. Lord Mountbatten expressed his and his

Government‟s satisfaction at the decision of the Maharaja to invite Sheikh

Mohammad Abdullah to form an interim government to work with his Prime Minister

Mehr Chand Mahajan.25

Immediately, after the accession of the State to the Indian Dominion, the Maharaja

while accepting the legitimate demand of his people to establish a responsible

government in the State, he appointed Sheikh Mohammad Abdullah as the head of the

emergency administration.26

The Interim Government was instituted by a proclamation made by the Maharaja on 5

March, 1948.27

A Council of Ministers with Sheikh Mohammad Abdullah as the

Prime Minister was constituted to conduct the administration of the State. The

Council was to function on the principle of joint responsibility. The Maharaja

promised in his proclamation that on the restoration of peace and normalcy in the

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State, the Council of Ministers would make arrangements for the convocation of a

National Assembly, which would be charged with the task of proposing a constitution

for the Government of the State. The deputies to the National Assembly would be

elected on the basis of universal adult franchise. In the constitutional structure

evolved by the proposed National Assembly, the minorities would be secured special

weight age to guarantee them their rights and their due place and position in the State.

The dual government did not took long to run into trouble due to their divergent views

which followed diametrically different directions. The National Conference

leadership idealised the complete transfer of power to the political instruments which

were answerable to the people. The dual government came to a tragic end.28

Within a few months the crisis further deepened. The Maharaja, complained to the

Government of India about the high-handedness of the Interim Government. But in

April 1949, Maharaja Hari Singh was advised by Sardar Vallabhbhai Patel to leave

the State and make his son, Yuvraj Karan Singh, the Regent. The Maharaja

relinquished his office on 9 June, 1949.29

On June 20, 1949 by a proclamation the Maharaja announced his decision to abdicate

the State on grounds of health and investing all his power to his son, Yurvaj Karan

Singh.30

It was a limited accession principally in respect of three subject Defence, External

affairs and Communication.31

The fourth consisted of ancillary matters such as

elections to the dominion legislature, offences against law with regard to the aforesaid

matters, enquiries and statistics and jurisdiction of the powers of the courts.32

Legally, the controversy of the Jammu and Kashmir State's accession was over by

signing the instrument of accession between the Maharaja Hari Singh and the Lord

Mountbatten, the Governor-General of India on 26 October 1947. But the finality of

the State's complete accession to Indian Union was again questioned in 1952 when the

people of Jammu province started a strong movement for the complete merger of the

Jammu and Kashmir to India.33

The Kashmiri opposed the movement by tooth and

nail. Due to the first Prime Minister, Sheikh Mohammad Abdullah's, ministry was

dismissed in August 9, 1953 reviving again the doubts about the constitutional

relationship with India. Sheikh Mohammad Abdullah and his close associates who

were previously supported the finality of the State's accession to India started raising

strong objective about it.34

97

The issue of accession once again became alive when the report of the Basic Principal

Committee which recommended that the State would continue to remain acceded to

the Indian Union, was presented to the Constituent Assembly of the State for

consideration on February, 3, 1554. Certain members of the assembly were not in

favour of accession. However, after heated discussions which continued for three

days, the assembly adopted the report and thereby approved the Jammu and Kashmir

State's accession to Indian Union.35

In spite of the approval of the Constituted Assembly, the doubts about the finality of

the State's accession of India were raised in certain quarters. In order to end this

controversy, the Indian leadership entered into a prolonged dialogue with Sheikh

Mohammad Abdullah and his close associates, though it was not legally required.36

Convening of Constituent Assembly:

The idea of a constitution making body for the State of Jammu and Kashmir was first

mooted by a few Kashmiri political elites,37

in their representation given to Lord

Reading, when he visited the State in 1924.38

This demand was also revived in several

memorials submitted to the Maharaja by different communities to highlight their

grievances after the disturbances of 1931.39

The same demand was once again made

by All Jammu and Kashmir National Conference at its historic Sopore session of

1944. It was incorporated in Naya Kashmir manifesto adopted in that session.40

Inspite of the repeated demands of the cross section of the people of Jammu and

Kashmir and its various political parties to convene the constitution assembly for the

State to draft its democratic constitution with the Maharaja as the constitutional head

but nothing substantial came out.41

The General Council of the All Jammu and Kashmir National Conference as early as

1948 again urged to convene as Constituent Assembly to shape the destiny of the

State and to implement the cherished objective of „Naya Kashmir‟. As a result, the

Maharaja of the State issued a proclamation on March 5, 194842

mentioning to

replacement of Emergency Government with popular interim government headed by

Sheikh Mohammad Abdullah,43

to convene a Constituent Assembly based on adult

suffrage44

and proportionally representing all the sections of the population and the

areas of the State as soon as normal conditions were restored.45

Moreover, the need of the Constituent Assembly was felt by the Government of India

to draft a separate constitution for the people of Jammu and Kashmir State. In order to

98

end the States uncertainty, the General Council of the National Conference issued a

mandate to the Supreme National executive for the convening of Constituent

Assembly46

based upon adult suffrage and embracing all the sections of the people

and all the constituents of the State for the purpose of determining the future shape

and affiliation of the State of Jammu and Kashmir.47

The General Council of the National Conference passed a resolution on October 27,

1950, asking for elections for a Constituent Assembly which would determined the

future shape and affiliations of the State of Jammu and Kashmir. On May 1, 1951 the

Yuvraj Karan Singh issued a proclamation instituting the Constituent Assembly on

the basis of adult franchise by direct and secret ballot.48

It was agreed that

Government would make such rules which could issue instructions and orders as

might be necessary to give effect to the terms of the proclamation.49

The elections

took place on October 15, 1951 and were conducted by an Election Commissioner

appointed by the Yuvraj Karan Singh, who worked as the regent of the Maharaja. The

constituencies were delaminated on the basis of universal adult suffrage and people

were assured of a free and fair exercise of their vote. As a result all the seventy-five

seats were won by the candidates of the National Conference.50

The Jammu and Kashmir Constituent Assembly first met on 31 October, 195151

and

completed its task of constitution making on 17 November, 1956.52

On 20 November,

1951 the Assembly amended the Constitution Act of 1939 and stripped the Maharaja

from most of his powers.53

Under the amending Act the Legislative powers were

vested with the Constituent Assembly until other provisions were made by or in

accordance with a law by the Constituent Assembly.54

The executive powers which

continued to vest with the Maharaja were to be exercised by him on the aid and advice

of the Council of Ministers55

. The Council collectively were responsible to the

Assembly. The Maharaja was thus reduced to the position of a nominal head.56

The main task left before the Constituent Assembly was to work on the draft which

was already prepared by Sheikh Mohammad Abdullah in collaboration with the

National Congress leaders. The main tasks were the abolitions of monarchical form of

Government in the State; framing of the Constitution for Jammu and Kashmir State;

and the subject in respect of which the State should accede to India. Thus, after

depriving the Maharaja of all his powers, it was clear that this Government was soon

going to abolish the hereditary rule for which it had been fighting for many years. In

June 1952 the Basic Principles Committee of the Constituent Assembly57

which had

99

been asked to make a report on the future of the hereditary rule of Dogras

recommended its abolition58

and prepared the replacement of the Maharaja by an

elected head of the State59

to be designated as Sadar-i-Riyasat.60

He was to be elected

by the Legislative Assembly of the State and confirmed by the President of India.61

Ordinarily he was to remain in office for a term of five years.62

He was to exercise

such powers and perform such functions as may be prescribed in the State.

Constitution to be framed by the Constituent Assembly and until such constitution

was framed, he was to exercise such powers as were vested in the Maharaja under the

Constitution Act, 1951.63

The hereditary Rule of Dogra was abolished in November,

195264

and Yuvraj Karan Singh was elected first Sadar-i-Riyasat of the State.65

Kashmir’s Special Status

During the year 1949 when the Constitution makers were busy framing the

constitution, the question of the State‟s relation to the Centre also came under

discussion. As a matter of fact the Constitution of India was in the final phase of its

making and the constitutional provisions with regard to the States were required to be

defined. By that time the other States had integrated closely by the Constitution

Seventh Amendment Act, 1956 and lost their identity, and the process of integration

and constitutional adjustment which had been adopted in regard to these states could

not be followed in the case of Jammu and Kashmir State.66

There were certain factors responsible for not bringing Kashmir at par with other

States in the Constitution of India. Because of the Accession issue case in United

National Organization, its geographical position and administrative problems, made

the Indian Constitution framers treat Jammu and Kashmir State at some separate

footing.67

Pandit Jawaharlal Nehru, the Prime Minister of India supported the case of Jammu

and Kashmir State for special consideration. Discussing the constitutional relationship

between India and Jammu and Kashmir on 24 July, 1952, in the House of People, he

said that the process of integration adopted in case of other States could not be

adopted in regard to Jammu and Kashmir State for variety of reasons such as the

whole matter was in a fluid State before the United Nation. From the very beginning

they recognised that the position of Jammu and Kashmir was somewhat different for

obvious factors and they had repeated even before the partition that no steps would be

100

taken about Jammu and Kashmir State without the concurrence and consent of Jammu

and Kashmir State.68

When the almost whole task of integration was completed, the Indian constitution

framers found it necessary that State of Jammu and Kashmir should also be integrated

after taking its concurrence and consent. In order to, have that the relationship

between the two Governments and delimitation of their respective spheres of

authorities came up for consideration. The Jammu and Kashmir Government that was

consulted, was the Interim Government of Jammu and Kashmir which the Maharaja

Hari Singh had proclaimed on 5 March, 1948, and its composition reflected the

largest political party in the State. The main subjects which were discussed between

the Indian leaders and leaders from Jammu and Kashmir at their meeting held in Delhi

in May 1949 were the framing of the constitution for the State including the abolition

of monarchial form of Government in the State and the subjects in respect of which

the State should accede to the Union of India.69

However, the first subject was left up to the State of Jammu and Kashmir Constituent

Assembly to decide. In regard to the second it was decided Jammu and Kashmir State

acceded to Indian Union in respect of three subjects, namely, Foreign Affairs,

Defence and Communications, and for the rest of the matters it was left up to the State

Constituent Assembly to decide.70

On the basis of this discussion N. Gopalaswami Ayyanger prepared a draft of Article

306-A. But the, provisions of Article 306-A were different from the items mentioned

in the discussion between Sheikh Mohammad Abdullah and Nehru. The provisions

drafted by Ayyanger envisaged the applicability of Citizenship, Fundamental Rights

and Directive Principles of the Indian Constitution to Jammu and Kashmir State,

whereas the applicability of such like matters had earlier been left to the Constituent

Assembly of Jammu and Kashmir to decide.71

On this ground Sheikh Mohammad

Abdullah found it impossible to accept72

the draft and he therefore wrote to Ayyanger

on 12 October, 1949, that draft sent by you was not acceptable, as it failed to

implement the pledges given to us by Pandit Jawaharlal Nehru on behalf of the

Government of India and was opposed to the stand taken by the National Conference

in these matters.73

And then Sheikh Mohammad Abdullah prepared an alternative

draft on behalf of the National Conference and sent it to the Indian Union. In it he

restricted the power of parliament to make laws for the State and application of the

101

provisions of the Constitution of India in relation to the subjects specified in the

Instrument of Accession.74

After receiving the draft Ayyanger felt distressed because he did not find any

adequate excuse for these changes.75

But Indian Government had the commitment

with Jammu and Kashmir State that no steps would be taken about Jammu and

Kashmir State without its concurrence and consent.76

Consequently, Ayyanger re-

drafted Article 306-A and omitted the provisions pertaining to the Fundamental

Rights and Directive Principles.77

But this re-draft was also rejected by the State

leaders because its provisions were not in accordance with the alternative draft sent by

Sheikh Mohammad Abdullah. In a letter Sheikh Mohammad Abdullah wrote to

Ayyanger on 17 October, 1949, that it was not possible to accept your revised draft

and in order to accommodate your view point to the maximum extent possible he

submitted another-draft to you.78

Sheikh Mohammad Abdullah insisted on certain

changes of a fundamental character. These changes excluded the application of

Fundamental Rights and citizenship. Actually the National Conference leaders were

fearful that the application of the provisions of the Constitution of India with regard to

the citizenship and Fundamental Rights would affect the State subject laws by

prohibiting the acquisition of property by other citizens of India in the State, and

prejudice the Land Reforms undertaken by the State Government.79

Sheikh

Mohammad Abdullah in his draft suggested that concurrence of the State should be

taken on these matters as well as those defined in Instrument of Accession. This

concurrence was sought to define as Maharaja acting on the advice of the Council of

Ministers appointed under the proclamation of 5 March, 1948.80

When the Indian constitution was in its final stage, it was necessary to make provision

in it, regarding the status of the Jammu and Kashmir State. Therefore, certain broad

principles were agreed upon by the centre and the state's leadership in a meeting held

in Delhi in May 1949. Finally they cleared, that when the Article 306A, was drafted,

it should be placed before of India. This draft was revised three times just to

accommodate the view-points both of the parties.81

Thus, the provisions for giving a special status to the Jammu and Kashmir State were

finally embodied in the Article 370 of the Indian constitution.82

It was a step to fulfil

the long desire of the National Conference leaders with regard to the States autonomy.

The main object behind this article was to recognise the special status for the State of

Jammu and Kashmir by limiting the powers of the Union President and the

102

Parliament.83

The analysis of the provisions of the Article 370 clearly shows that the competence of

the Indian Parliament was restricted to such articles in the Union and concurrent list

of 7 schedule to the Indian constitution as correspond to the subject specified in the

Instrument of Accession. Elaboration of subjects to be done by the President by an

order, in consultation with the State Government and in addition to which were to be

made with the concurrence of the state Government.84

The position which emerged by incorporation of Article 370 was the only Article 370

of the Indian Constitution were to apply to the State of Jammu and Kashmir in their

original form.85

Moreover, the further progress about the Constitutional relationship

between the State and the Centre was contingent on the recommendations of the

States Constituent Assembly. In other words the residuary powers were reserved for

the State and the State Constituent Assembly was made the sole and decisive actor in

this regard. Both the President and the Parliament enjoyed only a formal authority.86

The explanation clause of Article 370 pointed out that the Government of the State

would mean the person then being recognised by the President as the Maharaja of

Jammu and Kashmir acting on the advice of Council of Minister being in office under

Maharaja's Proclamation.87

The controversy of special status granted to the Jammu and Kashmir State as

envisaged in Article 370 of the Indian Constitution, has been subjected to heated

debates and discussions since its incorporation in the Constitution and the subsequent

application to the State. Different view-points had been expressed by the cross section

of the people as well as political parties inside and outside the legislature.88

Delhi Agreement

The State had acceded to India on three subjects: Foreign Affairs, Communications

and Defence. Rest of the matters were left to its discretion. The result was that the

applicability of Fundamental Rights, Citizenship, Jurisdiction of Supreme Court,

Election Commission, Controllers, Auditor General and Emergency Provision etc.,

were put within the State‟s residuary powers.89

So when the Constituent Assembly

started its deliberations in accordance with the proclamation of Yuvraj Karan Singh,

to enforce the Indian Constitution in Jammu and Kashmir State in so far as it90

was

applicable to it, they wanted the application of these provisions with some

modifications and exceptions, because the social Reforms like Land to Tiller were

103

different from Indian Social reforms which allowed compensation to the landowner as

against the 'Naya Kashmir programme' which disallowed such a compensation.

However, the State leaders did not want to deprive their people of other Fundamental

rights of the Indian Constitution. Also they wanted to retain the old order of

permanent Resident, under which the people from outside could not buy property

unless they came under one of the categories of the four classes of permanent

Resident as defined in the Jammu and Kashmir Constitution.91

But they wanted their permanent Resident to enjoy the privileges of Indian

citizenship, of the Indian Constitution with some modifications and exceptions. The

State leaders went to Delhi to discuss with the Indian Government applicability. Both

the Indian and State Governments after mutual understanding reached an agreement

known as the Delhi Agreement. It was announced on the Union Parliament, on July,

24, 1952 by Pandit Jawaharlal Nehru and he said that the Constituent Assembly of

Jammu and Kashmir came into existence with our goodwill and with our consent.

Therefore, the question arose by the Constituent Assembly of Jammu and Kashmir

State which does not fit in the Indian Constitution, which in no sense is contrary to it

or conflicts with any part of it. That was why this question arose then to consider.92

An agreement was finally drawn up by the representatives which covered many of the

Constitutional problems including those related to the abolition of princely rule, the

application of the provisions of the Constitution of India with regard to citizenship,

fundamental rights, the original jurisdiction of the Supreme Court and the division of

powers between the Union and States. Agreement was also reached with regard to the

flag and official language of the State. It was agreed that the Government would place

its stipulation before the Constituent Assembly of the State, in order that the

Assembly recommendations to the President of India, to order the pertaining to the

State. The Agreement was finalized on l4 July, l952.93

Head of the State

It was agreed upon by the State Government and Indian Governments that Head of the

State was to be recognised President of India on the recommendations made by the

Legislature. He was to hold office during the pleasure of the President, enjoying a

tenure of five years and continue to remain in office till his successor was appointed.94

104

Citizenship

The agreement safeguarded the rights of the residents of who would be considered

Indian Citizens. The State Legislature was however reserved the right to define and

regulate the rights and privileges of the permanent residents of the State, more

especially in regard to acquisition of immovable appointment to services and like

matters.95

That meant exclusion of the Indian citizens from these benefits unless

authorised by the State Legislature. Provisions were also made for the conferment of

the citizenship on those of the State evacuees who had left for Pakistan during the

disturbances of 1947 or earlier as and when they would return. Sheikh Mohammad

Abdullah recalled the movement of 1927 for the protection of the legitimate rights of

the State Subjects in response to which the government of the day had issued a

notification defining the status of the citizens of the State.96

Fundamental Rights

Agreement was reached between the two Governments with regard to the application

of the Fundamental Rights in the Constitution of India. The main difficulty in all the

fundamental rights of the Indian Constitution Land Reforms introduced under the

Naya Kashmir programme and recommended by Land compensation. The in

accepting all the fundamental rights of the Indian Constitution was thus obvious. The

agreement left open the extent applicability of the fundamental rights to the discretion

of the State Legislature so that they might not hamper the activities of the State

Government. And it was also decided that the whole matter should be studied further

so as to which fundamental rights should be applied to the State and with the

modifications.97

Supreme Court

The jurisdiction of the Supreme Court was another question on which agreement was

not forthcoming. But during the discussions at Delhi settlement was made with regard

to the extension of the original jurisdiction of the Supreme Court of India.98

It was

further agreed that the Supreme Court should have Jurisdiction in regard to the

fundamental rights which applied to the State. On behalf of the Government of India,

it was recommended that the advisory tribunal in the State designate as His Highness

Board of Judicial Advisers should be abolished, and the jurisdiction exercised by it

should be vested in the Supreme Court of India. It was also suggested that the

Supreme Court should assume the jurisdiction of final court of appeal in civil and

105

criminal matters as laid down in the Constitution of India.99

The Kashmir Government

delegation had no objection to this. They were prepared to agree but they wanted to

consider the matter in depth.100

Thus on the instance of the delegation, the matter was

left for further consideration.101

Emergency Powers

The Indian Government wanted Jammu and Kashmir to be brought within the

purview of Article 352 which envisaged the proclamation of emergency by the

President of India during the time of external aggression or internal disturbances,

when certain powers of the State Governments became exercisable on the authority of

Central Government.102

But the Kashmir delegation was in the beginning unwilling to

agree to this because of the sweep of the Article which included internal disturbances

as well.103

However the agreement stipulated that so far as the internal disturbances

were concerned, the jurisdiction of the Article would be extended at the request or

with the concurrence of the State.104

National Flag

The two Governments agreed that the State would retain its flag but the Union flag

would have a supremely distinctive place in the State.105

The State flag was in no

sense regarded a rival to the National Flag but for historical and sentimental reasons

connected with the struggle freedom in Kashmir. They wanted to maintain their own

flag106

but the flag of the Indian Union maintained the dominant position.107

Residuary Powers

With regard to the division of powers between the Union and the States, the two

Governments agreed that the residuary powers would remain with the State.108

This

was in accordance with Article 370 of the Indian Constitution and the Instrument .of

Accession on which this Article was based.109

Financial Integration

There had been some talk about financial integration. But there being no concrete

result, it was decided that such financial arrangements between the State and the

Government of India should be considered further.110

Thus, the Delhi Agreement motion was adopted on 5 August, 1952. It says that the

Council do consider the situation in regard to the State of Jammu and Kashmir and

having considered the situation approves of the steps taken so far in the matter.111

106

The Constituent Assembly of the State completed its work in November 1956.112

On

17 November, the draft constitution was finally approved by the State Assembly. It

was brought into force on 26 January, 1957.113

The State government of Jammu and Kashmir last no time in implementing those

provisions of Delhi Agreement which was their to get aimed autonomy. Monarchy

was abolished and Yuvraj Karan Singh was elected as Sadar-i-Riyast.114

Under these compelling circumstances a special session of the Working Committee of

the National Conference was called at the residence of Sheikh Mohammad Abdullah

in Srinagar in May 1953.115

The three main issues which came up for discussion was

the political situation vis-à-vis Indo-Pak dispute over Kashmir. The Committee after a

prolonged discussion came to the unanimous conclusion that the internal stability of

the State was impossible so long as international settlement on the final position of the

State not achieved. An eight member sub-committee116

was appointed to explore

avenues of an honourable settlement of the issue. The eight member were

i) Sheikh Mohammad Abdullah

ii) Maulana Masoodi

iii) Mohammad Afzal Beg

iv) Bakshi Ghulam Mohammad

v) Ghulam Mohammad Sadiq,

vi) Sardar Budh Singh,

vii) Girdhari Lal Dogra and

viii) Sham Lal Saraf117

The Sub-Committee adopted the following proposals of possible alternative for an

honourable and peaceful solution of the Jammu and Kashmir dispute between Indian

and Kashmir.118

i. Overall Plebiscite;

ii. Independence of the whole State;

iii. Independence of the whole State with joint Indo-Pak control of foreign affairs

and defence;

iv. Dixon Plan with Independence for the Plebiscite area.119

Dismiss of Sheikh Mohammad Abdullah

Sheikh Mohammad Abdullah, after securing implementation of what suited him, and

the remaining he referred the clause of the Agreement to the sub-committees of the

107

Constituent Assembly, causing international delay. He even started avoiding to visit

Delhi for discussion with Pandit Jawaharlal Nehru. The arrogance of power and

visions of an independent Kashmir had wholly seized him and he started showing

colours with every central leaders who would came in contact with him, with the

exception of Pandit Jawaharlal Nehru suspected him to passes beneath his pro-India

and even pro-Jawaharlal Nehru reneev. On April 10, 1952, in his speech at Ranbir

Singh Pura he denunciated the Indian Government and even accused them of

communalism. Again on June 22, 1952, he commented that Indo-Kashmir relation

were at a crucial stage. Again on July 13, 1952 during the course of the „Martyr Day‟

in his speech, he warned the Centre Government, not to interfere in the affairs of the

State. On the same day on 13, 1953, he again commented that it was not a necessary

that Jammu and Kashmir State should become an appendage of either India or

Pakistan.120

On May 3, 1953, Sheikh Mohammad Abdullah had a long meeting with the Adlai

Stevension, when he had visited Srinagar. This meeting caused a grave misgivings

about the intensions of Sheikh Sheikh Mohammad Abdullah's nature. It also became

more clear when Clement Attlee‟s statement on November 11, 1953, when he said in

London that Kashmir should belong neither to India nor to Pakistan but be

independent.121

The attitude of Sheikh Mohammad Abdullah‟s caused grave concern to the Centre

leaders because a sharp rift in the State Cabinet was opened in the camp of National

Conference.122

At a working Committee meeting Pandit Sham Lal Saraf gave an

expression to his views in regard to Jammu and Kashmir‟s relationship with India,

which he did not square with Sheikh Mohammad Abdullah‟s new approach to the

problem. Moreover, there were some charges of nepotism against Sham Lal Saraf. As

a result, there were some sharp exchanges of views between him and Prime Minister

were held in a cabinet meeting, on August 6, 1953.123

That was followed by a letter

from Sheikh Mohammad Abdullah demanding Saraf‟s resignation.124

But Pandit

Sham Lal Saraf refushed to do so. He re-affirming his loyalty to the National

Conference, he made no attempt to conceal the fact that his few other colleagues also

thoroughly disapproved Sheikh Abdullah‟s new orientation of policy.125

On August 7, 1953, a majority of the Cabinet ministers including the Deputy Prime

Minister, Ghulam Mohammad Bakshi accused Sheikh Mohammad Abdullah by doing

this, he creating uncertainty and suspicion in the minds of the people.126

Sheikh

108

Mohammad Abdullah was summoned by the Sadar-i-Riyasat, who suggested an

immediate meeting of the State Cabinet for free and frank discussion at the palace.127

But Sheikh Mohammad Abdullah ignored it and proceeded to Gulmarg to spend the

weekend128

and was arrested at Gulmarg. The Bakshi Ghulam Mohammad, was

sworn in as the Prime Minister of the State of Jammu and Kashmir.129

Thus, in the early hours of August 9, 1953, Sheikh Abdullah was arrested and was

given a letter of his dismissal alongwith another letter signed by Ghulam Mohmmad

Bakshi, Sham Lal, Saraf and Girdhari Lal Dogra out of five members of them State

Cabinet indicating that they all had lost confidence in his leadership.130

Mohammad

Afzal Beg with another member of the Cabinet, alongwith thirty-three leaders of the

National Conference were also arrested on August 9, and 10, 1953 and under the

Public Security Act.131

However, the crisis of August, 1953, was the result of

motivational variations at various levels to reconcile the various claims and

aspirations.132

Basic Principles and other Committees.

With the change in the Government of Jammu and Kashmir, the work of the Jammu

and Kashmir Constituent Assembly started afresh. Leaving the hardship of the State

and the approval of the benign Land Reforms (without paying any compensation to

landlords) aside, the remaining provisions of Delhi Agreement were still to be got

approved by the Constituent Assembly of Jammu and Kashmir State. In order to

complete this task, on the basis of which the constitution of Jammu and Kashmir was

framed, the leaders of the National Conference immediately reconstituted the Basic

Principles Committee, and the Advisory Committee on Fundamental Rights and

Citizenship by a resolution of the Constituent Assembly on 20 October, 1953 to

prepare a draft constitution of Jammu and Kashmir State. After a thorough study of

the Delhi Agreement both the Committees approved the provisions of the agreement

in their joint session on 22 January, 1954. On 27 January, 1954, a high power

Committee which was led by Bakshi Ghulam Mohammad, the Prime Minister of

Jammu and Kashmir and which included Ghulam Mohammad Sadiq, President of

Constituent Assembly of Jammu and Kashmir and Syed Mir Qasim, the Chairman of

Basic Principles Committee and Advisory Committee went to Delhi to finalize the

provisions of the Delhi Agreement and find a settlement pertaining to some problems,

which had not been finally resolved when the Delhi Agreement was formalized. An

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important issue which still pending was the placement of the State in the economic

structure and the decision to accede to India in that respect also, which was later

approved by the Constituent Assembly.133

The approach to constitutional relations between Jammu and Kashmir and India

underwent a visible change and the Basic Principles Committee which reported early

in February 1954, included the State's accession to the union entails certain

responsibilities on Centre for protecting the interests of the State and also for its social

and economic development. In order to enable the centre to discharge its

responsibilities, those provisions of the Constitution of India which might be

necessary for that purpose should be made applicable to the State in appropriate

manner.134

These Committees were of the opinion that it was high time that finality in this

respect should be reached and the relationship of the State with the Union should be

expressed in clear and precise terms. Therefore, these committees recommended that

the directives issued to the Drafting Committee which was appointed on 10 June,

1952, to frame the proposals redefining the sphere of the Union's jurisdiction in the

State with such modifications and amendments which were deemed necessary in the

existing relations between the State and the Union Government.135

In pursuance of the directives contained in the Report Basic Principles Committee and

the Advisory Committee Fundamental Rights and Citizenship, the Drafting

Committee presented its report on 11 February, 1954.136

The Drafting Committee

concentrated on defining the jurisdiction of the Indian Union in its relation to Jammu

and Kashmir State. And it worked according to the recommendations of the

Committees. The main modifications which were made in Delhi Agreement were that

the appellate jurisdiction of Supreme Court was extended to Jammu and Kashmir in

civil and criminal matters.137

In regard to preventive detention (dealing with a person

to whom it would apply) and the conditions therein two cases were cited. Firstly it

would be used when the security of the State was in danger and when there was a

threat of war; secondly no member of the Assembly was to be arrested unless the

permission of the House was obtained.138

The Drafting Committee also approved the

recommendations of the Basic Principles Committee that Jammu and Kashmir State

shall comprise all those territories which constituted the State on 15 August, 1947 and

not merely the territories which existed at the time of drafting the constitution.139

The

Drafting Committee after making these submitted its report which was based on the

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programme of the 'Naya Kashmir' which the National Conference had put before the

people of the State.140

The Report of the Drafting Committee was adopted on 15 February, 1954 and its

proposals were transmitted to the Government of India for appropriate action.141

Girdhari Lal Dogra (member of the drafting Committee) said, that the report of the

Drafting Committee had adopted on 15 February, 1954; and, had given its

concurrence to the application of the provisions of the Constitution of India, this

Assembly authorises the Government of the State to forward a copy to the Indian

Government for appropriate action. In this connection the President of India might

possibly issue a decree under Article 370.142

On the basis of these proposals, the

President issued the Constitution (Application to Jammu and Kashmir) Order on 14

May, 1954 in accordance with Article 370, clause I.143

This meant that whatever the steps taken towards the process of integration in regard

to Jammu and Kashmir State, were taken with concurrence of Jammu and Kashmir

State Government. Because the constitution order, which was issued after the

occurrence of Jammu and Kashmir Government brought certain changes in the

constitution order of 1950, which was issued without the concurrence of Jammu and

Kashmir Government because at that time the Constituent Assembly of Jammu and

Kashmir was not convened. After the proclamation of constitution order 1954 the

constitutional relationship between Jammu and Kashmir State and India Government

did not become stand but from time to time amendments were made in the

Constitution (Application to Jammu & Kashmir) Order 1954.144

This applicability of the Indian constitution can be divided into three categories. Part

first deals with the full applicable of Indian constitution to Jammu and Kashmir State.

Part II deals with the applicability of Indian Constitution to Jammu and Kashmir with

some modifications and exceptions. Part III deals with these parts of the Indian

Constitution which wholly inapplicable to Jammu and Kashmir State.145

Application of Indian Constitution to Jammu and Kashmir State

This part of the study is devoted to the analysis of the provisions of the Indian

constitution which are applicable to the State with certain modifications and to

establish a comparative focus between the constitutional position of the other Indian

States enjoy and the place Jammu and Kashmir has in it.146

111

The special constitutional provisions pertaining to the Jammu and Kashmir present a

partial application of Indian constitution to Jammu and Kashmir State. The provisions

of constitution of Indian with regard to the structure and powers of the Government of

India are applicable in toto and without any reservations. These provisions deal with

the election, powers and position of the President and Vice-President.147

Right of the permanent residents of the State had been secured. They would also

enjoy the benefits and rights of the citizenship of India. Residents of the State were as

good citizens of India as were the residents of various States of the union. A chapter

of Directive Principles of the State policy had also been added to the Draft

Constitution.148

That the Head of the State of Jammu and Kashmir would be known as the Sadar-i-

Riyasat. He would be elected by the legislature of the state. In addition to Council of

Minister, it provided for an Advocate General for the State.149

So far as legislature

was concerned, the Draft Constitution recommended a bi-cameral legislature for the

State. It also provided for the separation and Judiciary for Executive.150

If Executive

would deviate from the principles laid down in the Constitution, the judiciary was

these to guarantee justice.151

The Draft Constitution provided for setting up a public service Commission, Election

Commission procedure for the amendment of the constitution152

, provision against

constitutional breakdown and provisions for carrying on the functions of the

government during the transitional period.153

The Auditor-General of India would

audit the account of the State and would submit his report through the Sadar-i-Riyasat

of the State for discussion by the House.154

The method of election, allowance and privileges of the Sadar-i-Riyasat, Salaries,

allowances of speaker and Deputy speaker of the legislative Assembly, the chairman

and Deputy chairman of the legislative council the judges of the high court and

regional languages were shown in separate schedules attached to the draft

constitution.155

Thus, the constitution of Jammu and Kashmir which comprised of 158 articles and six

schedules was enforced on January 26, 1957.156

In the first phase of constitution making, body which started with the States accession

to the Indian Union in October, 1947 and terminated with the arrest of Sheikh

Mohammad Abdullah in August 1953, the Policy of the National Conference

leadership was to build States Constitutional structure on the pillars of maximum

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autonomy and limited integration with the Indian Union. But it failed miserably due to

the constitutional crisis of 1953.157

During the second phase, which started with the coming up of Ghulam Mohammad

Bakshi as the Prime Minister and terminated in the middle of 1963, the policy adopted

was limited autonomy for the State and partial and cautious integration of the State

with the Indian Union.158

Ghulam Mohammad Sadiq became the Chief Minister in 1964 and continued till his

death in December, 1971. He was impressed by adoption of the sociatistic pattern of

society as the Indian Congress goal at its Avadhi session and by the progressive

policies of the then Union Government. Being a progressive and nationalist leader, he

regarded article 370 as a bridge between the State and Union.159

Therefore, he further thought that the time had ripe for a progressive integration of the

State with the Indian Union and many steps were proposed to be taken in that

direction. In his first policy statement in March 1964 he emphasized the need to break

down the barriers that stood in the way of fuller participation of the people of the

State in the broader current of national life. He stressed that the declared aim of the

new regime was to move towards a dynamic process of emotional integration and to

achieve greater uniformity of parliamentary practice.160

During the middle of 1964 these were the rumours that both the State and Centre

government were in favour of opening a branch of the Indian National Congress

(INC) in the State. Mr. Chagla, the than Education Minister pointed out that opening

of a branch of the National Congress in Jammu and Kashmir was most essential. He

further added that the National Conference was dead and there was no political

platform in the State at that movement.161

Ghulam Mohammad Sadiq also stressed that need for the National Congress to extend

its activities to Jammu and Kashmir State.162

Accordingly the Working Committees of

National Conference sent its delegation to attend the Congress Session at Mirpur in

January 1965 to plead for the establishment of Indian Congress unit in the State. As

the Indian Congress high Command also supported the move the National Congress

was formally replaced by the Indian National Congress party on January 26, 1965.

This move further helped the State to move closer to the centre.163

In early 1965 the State Government decided to amend the State Constitution for

changing the name of Sadar-i-Riyasat and Prime Minister of the State. Thus, the

Constitution of Jammu and Kashmir Sixth Amendment Act was passed on April

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1965. With that a number of other sections of the State Constitution were, either

amended164

or modified165

and some new sections were also inserted.166

All these

additions and alterations resulted in giving more and more powers to the Central

government in its dealing with the State government.167

Towards the end of 1965 the State legislature passed a bill to amend the State

Constitution providing for direct election of the members of Lok Sabha. This was

followed by the Presidential order extending to the State Article 81 of the Union

Constitution. In August 1967, the Constitution of Jammu and Kashmir Eighth

Amendment Bill was passed. In October 1967, The Constitution Ninth Amendment

was passed and in October, 1968, the 10 Amendment Act was also passed. Similarly

in October 1970 the 11 Amendment Act was enacted by the State legislature. The

following the extension of certain labour laws to the state. From September 1, 1971

onwards some move Central Act were extended to State.168

Indhira-Sheikh Accord of 1975

The Indian National Congress leadership at the Centre was keen to arrive at a sound

solution because Jammu and Kashmir State was still treated as International issue as

was indicated by Taskant talks and Simla Agreement and inspite of Sheikh

Mohammad Abdullah‟s arrest in August 9, 1953, and the new leaders such as Ghulam

Mohammad Kakshi, Shamsuddin, Ghulam Mohammad Sadiq and Mir Qasim the

problem of communalism and secessionism continued not only to exist but had taken

a serious dimension in the State. Moreover, the people of the valley seemed to had

been not pacified with different regimes since 1953.169

Sheikh Mohammad Abdullah

was still regarded as the undisputed leader of Jammu and Kashmir State and his

influence in the political circles was also still undisputed. Some of the Kashmiri

leaders were still challenging the State‟s accession with Indian Union and pleading for

the holding of Plebiscite to decide its finality and Pakistan‟s influence on the people

of the valley were still increasing. Mrs. Indira Gandhi, the then the Prime Minister, of

India finally wants to solve the Jammu and Kashmir States issue with Sheikh

Mohammad Abdullah.170

On the other hand the failure of Pakistan forces to capture Jammu and Kashmir by

force. Then, there was a political turmoil in the Pakistan because of refusal of west

Pakistan to accept Majeeb-ul-Rehman, of East Pakistan, whose party had secured

majority in the general election, as the Prime Minister of the country,171

subsequent

civil war in East Pakistan and Commission of atrocities on the people. This genocide

114

of the people in East Pakistan had deep impact on the thinking of Kashmiris elites.

Most of them were convinced that the people of the Jammu and Kashmir State might

met the same fate if the State had seceded from the Indian Union and acceded to

Pakistan.172

They were clear in their minds that the possibility of Jammu and Kashmir

to be independent was very bleak as it has been surrounded by a number of countries.

They finally convinced that if there could be any solution of their problem. It would

be within the framework of Indian Constitution.173

Sheikh Mohammad Abdullah and

his colleagues realized that the method they had adopted in their struggle from

freedom since August 1953 had practically denied by the people of Jammu and

Kashmir right to have a government of their own choice.174

Simultaneously, Ghulam Mohammad Sadiq realized that his policy of progressive

integration of State with the Centre had failed and the people of the valley were being

alienated from his fold. Therefore, he embarked upon the policy of liberalization.

Syad Mir Qasim who succeeded Ghulam Mohammad Sadiq in December 1971,

initially he was also a critic of the policy of liberalism but begin to realize the

necessity and validity of the policy. He then called upon Sheikh Mohammad Abdullah

and other opposition leaders of the State to join the mainstream of the State‟s political

life. He further admitted that Sheikh Mohammad Abdullah could play a great role in

strengthening the democratic and socialistic forces in the country.175

Thus, change in the political life of the sub-continent and the changing attitude of the

Central leadership and the policy of liberalization adopted by the State government

and the offer of Syed Mir Qasim to Sheikh Mohammad Abdullah and others to join

main stream of the State‟s political life received a favourable response from Sheikh

Mohammad Abdullah. He in a public speech, by affirming his faith in accession,

secularism and democratic socialism, pointed out that his quarrel with India was not

on the question of accession but was on the Quantum of autonomy of the State in its

relationship with India.176

Such attitude of Sheikh Mohammad Abdullah encouraged Indian Government to seek

a compromise with him. Mrs. Indira Gandhi also expressed her desire to turn over a

new leaf in relation between India and the Jammu and Kashmir State. As a result

negotiations started between Centre and States leadership to find way for a better

Constitutional relations between the Union and State. There deliberations were

pursued by Mr. Parthasarthy as the representative of Mrs. Indira Gandhi and

Mohammad Afzal Beg as the representative of Sheikh Mohammad Abdullah. Their

115

task were to initiated at Srinagar on June 16, 1972177

and Centred around the

statement of Sheikh Mohammad Abdullah upholding the finality of accession to India

and demanding maximum autonomy as envisaged in the instrument of accession of

October 26, 1947. After series of discussion for about three long years in which

Sardar Sawarn Singh, Mr. Mir Qasim and D.P. Dhar also made their contributions an

agreement called Indira-Sheikh Accord of 1975 was signed on February 24, 1975.178

From the aforesaid analysis of the Accord it was abundantly clear that the basic fact

of accession had been accepted. Constitutional relationship upto August 8, 1953 had

not been questioned. But the provision of the Accord had been given an impression

that they were back to the earlier phase as symbolized by the Delhi Agreement of

1952, which in its turn was under pinned by Article 370 of the Indian constitution and

the State‟s instrument of accession to India.179

Thus, once again confirmed that the

Jammu and Kashmir State's accession to India was final and irrevocable.180

After a lull of few years, the controversy was again raised. During the elections of 8

State Legislative Assembly in 1987, certain political parties in the State made it an

issue to win the sympathy of electorate. The turmoil in the valley was also due to the

fact that there were still certain elements who were not reconciled to the idea of the

State‟s accession to India. The stand taken by various political parties on this issue,

from time to time.181

Muslim Conference

The Muslim Conference emerged on the political horizon in the form of a communal

uprising and soon became the only representative body of the Muslims of the State.182

The first session of the party was held in Srinagar from 15 to 17 October, 1932. From

1932 to 1938 there were six annual sessions of the party. Four sessions were held in

Srinagar, Mirpur, Jammu and Poonch prescribed by Sheikh Mohammad Abdullah.

Third and fourth session were held in Sopore and Srinagar, were presided over by

Mian Ahmed Yar and Chowdhary Ghulam Mohammad Abbas respectively.183

During

the early years, the Muslim Conference‟s main aim was to absorbed Muslims in the

government services, recommended by the Glancy Commission of 1931. But they

were not satisfied with the piecemeal concessions and decided to continue its struggle

through non-violent agitation. They expressed their firm and wholly responsible

government in the State in accordance with the aspirations of the people.184

The

Working Committee of the Muslim Conference passed a resolution on February 7,

116

1936 and asked the people to observe „Responsible Government Day‟ throughout the

State. The resolution also demanded a new constitution and an Assembly for the

State. Accordance with the resolution of the Working Committee, the Muslim

Conference observed as a „Responsible Government Day‟, on May 8, 1936.185

On August 1938, the Muslim Conference issued a charter of National Demand, in

their struggle against the Maharaja‟s rule. The charter stated that the ultimate goal of

the party was to bring about a complete change in the social and political outlook of

the people and to achieve a „responsible government‟ under the aegis of the

Maharaja.186

When the Working Committee of Muslim Conference passed a resolution in June 28,

1938, seeking conversion of Muslim Conference into National Conference. The

General Council of the Party approved this resolution in April 27, 1939.187

The

special session of the Muslim Conference was held in Srinagar under the

Chairmanship of Ghulam Mohammad Sadiq.188

The All Jammu and Kashmir Muslim Conference remained in exercise upto 1939,

then it changed into the All Jammu and Kashmir National Conference. But in 1941

with the efforts of the Muslim League leader, Mohammad Ali Jinnah, the Muslim

Conference was again re-emerged with the support of Choudhary Ghulam Abbas,

Sardar Abrahim and Allah Rakha Sagar and Mir Waiz Yusuf Shah in the State.189

However, All the members and sympathisers, of the Muslim Conference leaders did

not join the National Conference. They kept the Muslim Conference alive and remain

with it. Choudhary Ghulam Abass from Jammu, Clung to it even after partition of the

sub-continent of India in 1947. When he desired to be transferred from the State to

Pakistan occupied Kashmir as he was imprisoned by Sheikh Mohammad Abdullah.

He was released from the Jammu jail on February 28, 1948, and sent to Pakistan.190

Therefore, he was deported across the border in accordance with his wishes. He was

one of the arch political rivals of Sheikh Mohammad Abdullah.191

The pivotal figure of Kashmir Politics, Moulvi Yousuf Shah kept the Muslim

Conference intact and he owed to continued allegiance to it. He had exercised

tremendous influence over Sheikh Mohammad Abdullah in the initial stages.192

The

former had acted as the latter's guide and mentor introduced him to the public as

young leader enjoying his blessings. However, Sheikh Mohammad Abdullah, no

longer remained loyal to the Moulvi Yousuf Shah. Tussle from leadership ensued the

differences between them came on the surface.193

The followers of the Moulvi Yousuf

117

Shah and his Muslim Conference had come to be known as "Bakras" (Goats) and that

of Sheikh Mohammad Abdullah and his National Conference as "Shers" (Lions).

Sheikh Abdullah and his party had dynamism which the Moulvi Yousuf Shah and his

party lacked.194

Awami League

The Maulana Syed Masoodi, was the general secretary of all Jammu and Kashmir

National Conference, and then he organized All Action Committee Party. The Action

Committee established its branches in many parts of the valley even out-side the

Srinagar also and became a coalition of opposition parties (National Conference). On

June 20, 1964, there was a split in the Action Committee Maulvi Farooq founded a

new political outfit, the Awami Action Committee. The party members dedicated

themselves to the investigation of the causes of the loss of the „Holy Relic‟, which

was stolen from the room where it was lodged on December 27, 1963 and this

Committee helped in being about its recovery.195

This party rised out of the „Holy Relic‟ crisis which divided the area of influence

among the two opposition parties, the plebiscite front and the pro-Mir Waiz Farooq

group. Sheikh Mohammad Abdullah had been using the undivided Action Committee

as his political platform since his release, he suffered a set back due to the split and

described the newly formed Awami Committee as a mere forum and not a political

party.196

Since the Awami Action Committee leader Maulana Mohammad Farooqi had a

genuine Pro-Pakistan party at work on the political land scape of Kashmir. Its

president Maulvi Farooq, in many occasions he disputed the accession of the Jammu

and Kashmir State to India.197

He blames Sheikh Mohammad Abdullah for linking the

fate of the Jammu and Kashmir with the India for his own petty personal interest. He

also blames the Government of India for denying the people of the State for their

basic rights. Moreover, the Constitution of the Awami Action Committee was based

on the right of the Kashmiri people to determined their own future.198

Jamita-e-Islami

To serve the cause of Islam in India, Jamaat-e-Islami Hind was founded in 1941 by

seventy-five prominent Muslims in India including Maulana Madoodi, Maulana Islahi

and Afzal Hussain on the advice of Dr. Mohammad Iqbal. Jammat-e-Islami was

established in village Jamalpur near Pathankot in Punjab. A branch of the new

118

political outfit also came up in the Jammu city. Mohammad Shafi was the moving

force behind the creation of this branch and its other prominent member was Ghulam

Chause and many other leading Muslims of Jammu became the members of the

Jammat-e-Islami party. But on the eve of the partition and independent Maulana

Madoodi along with other activities of the party migrated to Pakistan and the branch

in Jammu was disbaned because Mohammad Shafi also went to Pakistan.199

In the year 1952 the Jammat-e-Islam made its re-appearanced in the State of Jammu

and Kashmir as a regional party Saad-ud-Din, a school teacher was the brain behind

this religo-political organization.200

Jamaat-e-Islami mushroomed in the years following 1952 were also not against the

Delhi Agreement.201

The ideology of Jamaat-e-Islami was basically a fundamentalist outfit and it calls for

going back to the fundamentals of Islam.202

During 1952 to 1971 it remained a loof

from active politics in Jammu and Kashmir. By 1972 it was in a position to first

elections to the state legislative Assembly. Its participation in the election contest

revealed automatically its political charter.203

It stands for the itemization of the State of Jammu and Kashmir. It believes that

accession of the State to India was temporary and as such, subject to the state to the

ratification by the people.204

The Jamaat holds, that according to them it had been

recognised by the United Nation also. On this basis the Jamaat-e-Islami maintains that

the people of Kashmir still retain the right to self-determination. To determine the

issue of accession by the people themselves was a right which the Government of

India should concede to them so that Kashmir issue would be resolved once for all.

They think that the right to self-determination was a basic thing, no one can deny it

that any person at any place had a right to self-determination.205

The leaders of the

party opposed to the word 'secular' which according to their ideology smacks a tilt in

favour of India.206

Syed Ali Shah Geelani, the supremo of the Jamaat, believes that

Kashmir was still a disputed territory and its accession with India was not final. The

only solution to this issue was holding of a plebiscite to allow the people of the

Jammu and Kashmir State to take a decision about their future.207

His opinion was

that the New Delhi was yet to honour Pandit Jawaharlal Nehru's assurance on holding

a plebiscite in the State to determine whether the Kashmiris want to accede to India or

to Pakistan.208

119

Jamaat-e-Islami regards the State of Jammu and Kashmir a disputed territory. Its

future can only be decided by the people, by exercising of right of the self-

determination. There leaders believes that the Government of India should grant this

right to the people of the state. It also holds that the Indian government had a locus

stand in Jammu and Kashmir and any provision of the Indian constitution has no

meaning for the people of Jammu and Kashmir. It was on this ground that Jamaat-e-

Islami refused to take an oath of allegiance to the Indian constitutional and boycotted

the elections to the Lok Sabha in November 1989.209

National Conference

When Sheikh Mohammad Abdullah and his colleagues fully realized that an agitation

against the Dogra ruler could not succeed without the support of all the communities.

Then he changed from the All Jammu and Kashmir Muslim Conference to the All

Jammu and Kashmir National Conference in June 1939 was important. The attitude

of the secular personalities had convinced the Sheikh Mohammad Abdullah that he

should had no hesitation in joining the secular moment.210

In fact, he even, objected to

the Muslim Conference about only the Muslims were allowed to be its member.211

After attending the National Congress session, Sheikh Mohammad Abdullah was

immensely influenced by charismatic leadership of both the Mahatma Gandhiji,

Pandit Jawaharlal Nehru and by their secular nature of the civil disobedience

movement launched by the National Congress Party. His own political commitment

and convictions, the attitudes of the secular elements in the State and the impact of the

National Congress ideology, traditions of their service and sacrifice, that all combined

together to change his basic thinking.212

The Indian political personalities influenced Sheikh Mohammad Abdullah in the

secularization of the Jammu and Kashmir politics. In the historic sopore session of

1944, the All Jammu and Kashmir National Conference adopted by „Naya Kashmir‟

which retained the ruler of the state as constitutional head with limited powers. The

„Quit Kashmir‟ Movement of 1946 was one of the steps to achieve this objectives.213

The important tasks of the consembly of Jammu and Kashmir State was to decide the

future of the ruling dynasty. The consembly, referred the matter to be discussed and

debated by the Basic Principles Committee in 1952. The Committee in its interim

report submitted to the consembly on June 10, 1952 proposed that the form of the

future constitution of Jammu and Kashmir should be wholly democratic; the

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institution of heredity should be terminated and the office of the head of the state

should be elective.214

The report was unanimously approved by Jammu and Kashmir Consembly on June 2,

1952.215

Consequent upon the decision taken by the Basic Principles Committee, the

monarchy was abolished. The post of the head of the state was filled on November 14,

1952, when Yuvraj Karan Singh became the first democratically elected head of the

Jammu and Kashmir State. Abolition of Monarchy and Elected Head of the State.216

The parties in the valley, welcomed the adoption of the separate flag and Emblem for

the State. They believed that the adoption of separate flag and Emblem by the

consembly would further confirmed the special status of the State and also symbolised

the success of its struggle against the century old Dogra's rule.217

Sheikh Mohammad Abdullah martyrdom on August 9, 1953, made him a popular

hero of Kashmir once again.218

Plebiscite Front

Since Plebiscite Front had its roots in All Jammu and Kashmir National Conference,

the party retained for itself the same organization structure. The president of the

Plebiscite Front, Mirza Afzal Beg, had launched the Plebiscite Movement with great

zeal and spirit but tackle of accessibility to the mass sentiments and Indian

leadership‟s reason made him a well defined boundary.219

Plebiscite Front which emerged on the political horizon of the State in the wake of the

arrest of Sheikh Mohammad Abdullah in 1953. He openly contested State's accession

to India. Mirza Afzal Beg, the President of the Plebiscite Front took the stand that the

issue of accession was still alive and it could only be decided by the people of Jammu

and Kashmir through the exercise of right of self-determination in a plebiscite.220

The

white paper issued by the party after a meeting of its delegates on June 27 and 28,

1964, was an open book on the attitude of the party vis-a-vis the constitutional

position of the State.221

The white paper stated that the fate of the State was attached

to the fulfilment of the promise of plebiscite. The plebiscite front stood steady fast to

this objective upto 1975. The demand for plebiscite was dropped in the wake of India-

Sheikh Accord of 1975.222

For Plebiscite Front Article 370 of the Indian constitution was irrelevant because it

refused to recognise Jammu and Kashmir accession to India. The Front leaders on the

right of self-determination and held the acceptance of Article 370 would meant giving

121

legitimacy to the Indian democratic institutions.223

On the other hand, the parties of Kashmir welcomed the Delhi Agreement and

described it a step towards the further confirmation of maximum state autonomy. The

plebiscite Front‟s leadership headed by Mirza Afzal Beg had been a party to the Delhi

agreement and thus did not criticize it in subsequent years, though it never reconciled

itself to the idea of State‟s accession to India.224

The members belonging to Plebiscit

Front boycotted the proceeding of the House when the Draft Constitution of the State

was presented before it on October 10, 1956. The leader of the group Ghulam Mohi-

ud-Din Hamadani inform the press that they had boycotted the presentation of the

Draft Constitution of the House because they believed that after August 9, 1953 (the

day Sheikh Mohammad Abdullah was arrested) the House had lost its representative

character.225

The Plebisate front said that the fascist clique thrust by the Ghulam

Mohammad Bakshi government on Kashmiris was imposing on them a totally

unacceptable constitution.226

Mirza Afzal Beg, who was released from jail alongwith

other member, they tabled a motion in the consembly for adjournment for two weeks

so as to give adequate time to the government to arrange for the presence of Sheikh

Mohammad Abdullah in the House.227

When the motion was disallowed Mirza Afzal

Beg and eight other members at the Plebiscit Front walked out of the consembly after

questioning its competence to from a constitution.228

Praja Parishad

The Praja Parishad came into existence in November 1947. A group of Rashtiya

Swayamsevak Sangh (RSS) workers took a leading part in its formation.229

The first

President of the Party was Hari Wazir and General Secretary was Balraj Madhok.

Very soon, this party become the only representative party of the Jammu Hindus

Province.230

It also became the principal opposition party of Jammu Province as well

as the local instrument of its protest.231

By 1951, the party had an on excellent

organization and was in close touch with the Hndu Mahasabha, Ram Rajya Parishad

and the Jan Sangh. Prem Nath Dogra was the Principal figure of the Party, its main

local strength came from such influential Hindus as Ganga Ram, a farmer Home

Minster, Nischint Singh, Rattan Singh and the former Inspector General of Police,

Janak Singh.232

The main objective of the Praja Parishad was to achieve full integration of Jammu and

Kashmir states with Indian Union, like other states and safe guard the legitimate

122

democratic rights of the nationalist233

people of Jammu from the anti-Jammu stance of

Sheikh Mohammed Abdullah government. The party considered Jammu and Kashmir

State an inseparable and indivisible234

part of Indian and also articulated Jammu's

discontent in the emotive slogan of "Ek Vidhan, Ek Pradhan and Ek Nishan" and full

integration of the Jammu and Kashmir State with the Indian Union and abrogation of

Article 370 of the Indian Constitution that guaranteed it a special status.235

The party tirelessly tried to unite the people of Jammu with a view to foiling the

attempts of those who tried to take the State away from India.236

From the very

beginning, the Praja Parishad was in favour of full and final integration of the State to

the Indian Union. The stand of the Party was made clear by Prem Nath Dogra in

November 1951. Addressing a convention of the party workers Prem Nath Dogra

declared that "state‟s" best interest lay with Indian.237

The movement of the party in

early 1952 was launched with a view to demand total and unconditional integration of

the State to the Indian Union.238

The party insisted that the issue of accession to India

should not be linked with the promise of a plebiscite at a future date.239

This stand of

the party remained consistent in the subsequent years. Bharatiya Jan Sangh and

Bharatya Janta Party which succeeded Praja Parshad also following the same line of

action.240

The parties of Jammu Province strongly objected to the incorporation of Article 370

in the Constitution of India and its subsequent application to the State of Jammu and

Kashmir. They took the stand that the State should be fully brought under the preview

of the Indian Constitution by repealing the controversial article. This would not only

create a sense of security among the nationalist elements of the State but would also

demoralise the unpatriotic and secessionist group in the valley.241

The Praja Parishad, from the very beginning opposed the idea of granting special

treatment to the State in accordance with Article 370, it took the stand that this Article

should be deleted as soon as possible.242

The party not only presumed the finality of

the accession but also demanded an end to the privileged treatment of the State as

provided by the Indian Constitution. It was clear to the party President Prem Nath

Dogra and his colleagues that accession would mean little or nothing to the Hindus of

Jammu province as long as the state retained a special status under Article 370. For, it

would merely confined their continued domination by the Sheikh Mohammad

Abdullah and the Muslim leadership from Kashmir. Thus, it was an attempt to safe-

guard the future of their community. The Praja Parishad leaders called for the

123

abrogation of Article 370 and the complete integration of Jammu and Kashmir State

with the Indian Union.243

The parties of the State reacted violently to the proposal to setup a separate

Constituent Assembly for Jammu and Kashmir State. The All Jammu and Kashmir

Praja Parishad and the All Jammu and Kashmir Hindu Sahayak Sabha opposed the

move and took the stand that when all the political parties had given a unanimous

verdict for the accession to India, there was no need for setting up a Constituent

Assembly for the State. They favoured the full integration of the State with India and

the application of Indian Constitution of Jammu and Kashmir in its entirely.244

The Jan Sangh and Bharatyia Janta Party had always regarded Article 370 as a great

hinderance in the final integration of the state with the Indian Union.245

“Had this

article not been there the secessionist forces in the valley would had not raised their

heads.”246

As the spokesman of the Jammu Hindu‟s, Praja Parishad tried its best to set off the

impact of the assembly's first session.247

Prem Nath Dogra, the party President made it

clear that there was no need for separate State Constitution, as there could be no better

Constitution than that of India.248

He believed that the union charter should be made

applicable to the Jammu and Kashmir State also.249

The parties of the valley also criticised the setting up of the state Constituent

Assembly on some other grounds. They described this move would deprived the

people of Kashmir of their right of self-determination.250

They questioned the validity

of the convening of Constituent Assembly, when „half of the state‟, being out India's

control and not had any representation in the Constitution Assembly. Thus, they

regarded such a more as an endorsement of forcible, illegal and immoral occupation

of the Jammu and Kashmir on the part of India by means of 'deliberate fraud'.251

Till

today there had been no change in the attitude of the existing parties in the valley. Yet

they had not reconciled with the changed circumstances and still the question, not

only the legality of the state's accession to India but also the competence of

consembly to frame the state constitution without the exercise of right of self-

determination of Kashmiris.252

The abolished of monarchy and implemented of Delhi Agreement to be maximum

autonomy for these steps provoked the people of Jammu. They accused Sheikh

Mohammad Abdullah for his attempts to ignore those parts of the agreement which

confirmed Jammu and Kashmir State ties with India.253

There were rumors about

124

growing differences in the cabinet and the working committee of the National

Conference in regard to the interpretation and implementation of Delhi Agreement.254

The abolition of Monarchy was not liked by the people of the Jammu province. The

Praja Parishad of Jammu province, bitterly criticised Sheikh Mohammad Abdullah for

the treatment meted out to the Maharaja Hari Singh. The Party President, Prem Nath

Dogra disputed the contention of Sheikh Mohammad Abdullah that the Maharaja Hari

Singh had lost the confidence of all the people in the State. The Dogra claimed that

everybody had full confidence in the Maharaja except for National Conference.255

Praja Praishad leader claimed that the treatment meted out to their Maharaja was

based on the spirit of revenge. Abolition of Monarchy also invited angry protest from

Khshatriya Prantik Sabha and other groups from Jammu province.256

The controversy of flag again emerged in 1952 when the students of G.G.M. Science

College, Jammu staged a demonstration and registered a protest against the National

Conference flag. The effected students went on hunger strike which evoked protests

from all sections of the people resulting in violence and lathi charge by the police

followed by the emposition of curfew.257

The government blamed the Praja Parshid

for inspiring and organsing the whole show.258

The parties both in the State and in the rest of the country reacted unfavourably to the

Delhi agreement. A huge demonstration was held outside the parliament to protest

against what was termed as an unholy agreement.259

Inside the parliament, N.C.

Chatterjee ridiculed the idea of a Republic within a Republic. In his speech, Dr.

Shayama Prashad Mukherjee severely criticized Sheikh Mohammad Abdullah and

cast serious doubts, his impartiality, dubbing his secularism as a fraud.260

The all Jammu and Kashmir Praja Parshid describe Nehru-Abdullah Agreement as a

great victory for fascist and disruptive forces functioning in the State, those who

cherished any faith in the freedom of motherland would condemn the agreement and

disown it.261

The party‟s rank and file rejected the agreement and called it another

surrender at the after of communal intransigence and separatism of Sheikh

Mohammad Abdullah, a fraud on the Indian people and an attack on the Indian

Constitution.262

The Dogra Sadar Sabha, the Hindus Sahayik Sabha, the state Akali Dal and other

groups in the Jammu region protested against the definition of the State subject in the

Draft Constitution. They painted out that the condition to the acquisition of

125

immovable property, drawing deadline by fixing a date was unfair, arbitrary and an

anachronism in the then prevailing democratic set up.263

Jammu People

The parties and groups in Jammu province criticised the adoption of separate flag and

Emblem for the State different than that of the Indian Union. It would generate a

sense of separation among the people of the State which would ultimately weaken the

unity of the country and lead to disintegration. Prem Nath Dogra, while addressing a

convention of party workers in Jammu, he openly advocated that Maharaja's flag was

in fact the flag of the Dogras.264

He opinted out that the people of Jammu considered

the new State flag as an anti-Dogra flag under which they had been and were being

vilified and could not tolerate it, particularly as a rival of National flag. He further

added that if National Conference had its sentiments for its party flag, the Dogras also

had their sentiments for the flag under which they had fought to build the State during

the last one hundred years.265

The Praja Parishad and the people in Jammu which were never completely reconcile

to the limited State accession to India, the special status of Jammu and Kashmir State

under Article 370 of the constitution of India abolition of Monarchy, the Delhi

Agreement of 1952 and even the proposal of giving autonomy to different cultural

units of State were not only happy but welcomed the arrest of Sheikh Abdullah.266

The Praja Parshid leadership even withdrew their satyagrah and promised to render all

sort of help to Ghulam Mohammad Bakshi, the new Prime Minister of Jammu and

Kashmir, if he would bring the State more closer to the Indian Union.267

He also pleaded for the retention of the old Dogra Emblem for the State of Jammu and

Kashmir State. Other groups in Jammu region also took the stand that separate flag

and Emblem for the state would ultimately endanger India's unity and spirit of

oneness. They argued that if a flag and Emblem symbolized a nation, how could then

one nation have two flags and two Emblems. All that was nothing but an attempt to

support the two nations theory.268

The reaction of the parties in Jammu region towards the talks between Shri

Parthasarthy and M.A. Beg was highly complicated one. They suspected that the

Central Government might concede move autonomy to the State which would be

contrary to the National interests. While criticizing Indira-Sheikh Accord, they

pointed out that Sheikh Mohammad Abdullah‟s repeated assertions stressing the right

126

of the state to review all the central laws extended to the state at the request of State

Government between August 1953 to the year of Accord, could, have no meaning, but

to „Sell the Settlement” and give him „Kashmir on a Platter‟.269

Ladakh People

The rumbling of similar reactions were also heard in the frontier district of Ladakh.270

Simultaneously there were inflammatory reports that Sheikh Mohammad Abdullah

was to declare Kashmir as independent. The idea which was said to be mooted by Mr.

and Mrs. Hunderson and Stevenson, during their visit to Kashmir in May 1953, and

also promised American support to the move.271

The people of Ladakh under the leadership of their Head lama, Kaushik Bakula, a

member of the Constituent Assembly of the State presented a long memorandum to

the Prime Minister of the State, Sheikh Mohammad Abdullah, demanded a statutory

provisions in the further North-Eastern Frontier province of Ladakh covering sinkiang

and Western Tibet would be a federating unit of Jammu and Kashmir as long as the

accession of the State with India.272

He pointed out that the Buddhists of Ladakh were

different from the rest of the people of the State in race, cultural, religion and

language and being represented by one member in the assembly, they had little or no

voice in the shaping of the future. In case the proposals of reorganise Ladakh into a

federating province of the State were not accepted, a statutory advisory committee of

ten members should be elected on the basis of joint electorates to advise the State

government in regard to Ladakh.273

He also emphasised that no measures should be

taken by the Constituent Assembly of the State which would effect the economic,

political and religious life of the people of the province without approval of the

statutory advisory committee which had proposed for Ladakh.274

In a memorandum to the Government of India they had asked for immediate

integration of Ladakh with India. They deadly opposed to the state's acceding to

Pakistan. They were distrustful of the present of the Jammu and Kashmir

Government. Kaushik Bakula through his plain speaking in the State Constituent

Assembly had done a lot to focus the attention of the World on Ladakh. At that time

there were the possibility of Ladakh would go into the lap of Red China. They had

made the question about the future of Ladakh important from the international point

of view as well.275

127

Kaushik Bakula had taken definite stand for merger Ladakh with India in the

memorandum which he submitted to Pandit Jawaharlal Nehru. In the memorandum he

pointed out that the National Conference was working to establish dominance of the

Muslim majority over the government and the politics of the State was bound to bring

the Hindus and other minorities in the State in a low position. Almost half of the

population of the State were constituting to a second rate citizenship and a life of

servillance. The Interim Government had right from its inception to use muscle power

to reorganized property relations to the State to ensure Muslim dominance over its

economic organization. It had followed a persistent policy of excluding the Hindus

from the administrative organization of the States. The Interim Government had

imposed an official ban on the admission of Hindus to educational institutions, grant

of scholarships to them and their nomination to technical colleges inside and outside

the state. The Hindus and the other minorities favoured the application of the

Constitution of India to the State in its entirety.276

Then Mr. Ayyanger, Minister of the State of India, visited Jammu in April, 1952 to

study the situation and to cool the passions.278

Kashpa Bakula met him and repeated

his demands. Dogra Sanstha, a cultural organisation of Dogra Pahari people of Jammu

Province also submitted a resolution to him criticising the pronouncement of Mirza

Afzal Beg in the Jammu and Kashmir consembly. Mr. Ayyangee advised the farmers

of the State that the constitution to be practical and display a measure of political

wisdom.279

The Praja Parishad leaders, earlier were arrested because of their

agitational approach were released by the State administration. Sheikh Mohammad

Abduallah felt hurt by Central intervention which created bitterness in him against for

such uncalled interference from Delhi.280

From the legal front of view the instrument of accession which was signed by

Maharaja Hari Singh with the Governor-General, Lord Mountbatten of India in

1947,281

it was constitutional, legal and final. Moreover, the Constituent Assembly as

the true representative body of the people of the Jammu and Kashmir State had also

confirmed its finality.282

Though not required conditionally. The basic issue was that

when National Conference and the certain group of Kashmiri Leaders were in power,

they support State's accession with the Union of India. But when they were not in

power, they challenge its finality to get cheap popularity and support the

fundamentalist and secessionist elements particularly in the valley.283

As a constituent unit of the Indian union, the Jammu and Kashmir State has a unique

128

distinction of Muslim Majority, strategically located, its own struggle for freedom

under the banner of National Conference, a separate constitution drawn by its own

Consembly, based on the Instrument of Accession, the Kashmir‟s special status,

which had been cleared in article 370 of the Indian Constitution. All this had given the

rise not only to inter-regional conflicts, controversies, tensions, and political turmoils

in the different regions of the State as well as between the State and the centre also.

These circumstances had offered an opportunity to study the role of the political

parties in Jammu and Kashmir State politics since independence. e.g. The Jammu and

Kashmir Muslim Conference, Praja Parishad, Jan Sangh and Bharatiya Janta Party,

Plebiscite Front, Awami Action Committee, Jamaat-e-Islami were some of the major

political parties in the state. It was clear that there was a clear cut demarcation

between the political parties of Jammu region and those of the Kashmir valley, in

their ideologies, aims, objectives and the activities which were concerned.

The political parties of Jammu Praja Parishad, stands for the protection of the politico-

socio-economic interests of the people of Jammu region and fighting against the

chauvinistic tendencies of the Muslim Majority of the State particularly from the

valley.

The sentiments of the Dogras in Jammu region, they believed that the Maharaja was

the symbol of their security against the majority population of Kashmir region. They

linked their fate and security with the Maharaja and sided with him in his attempt to

retain more and more powers in pre-independence period. It seemed to them that the

prospect of democracy would be nothing more than being exposed to the whims of a

permanent majority of Kashmiri Muslims and their leadership. Thus, they opposed the

basis of Kashmir‟s struggle for freedom and played the negative role throughout the

period of struggle for freedom in the Jammu and Kashmir State.

On the other hand, to have a greater security against the Maharaja‟s arbitrary

authority, the Kashmiri nationalists in general and Kashmiri Muslims in particular.

they struggled for the establishment of a responsible Government in the State. It

means a majority rule. However, the post-independence politics of Jammu and

Kashmir witnessed both regional and an inter-regional conflicts. So, when the

instrument was signed it had the support of the largest political party in the State All

Jammu and Kashmir National Conference.

Thus, the Jammu and Kashmir‟s accession to India again became valid, legal and

complete. The representatives of Sheikh Mohammd Abdullah, Mirza Afzal Beg, made

it clear in press statement that accession of Jammu and Kashmir to India was a matter

between the Centre and the State, Pakistan has no locus stand in the affair.

129

REFERENCES

1. White paper on Indian States, Ministry of States, Government of India, 1950,

P. 15; Twari, Umakant, The Making of the Indian Constitution, 1969, P. 15.

2. India and Jammu and Kashmir, Constitutional Aspect, Ministry of

Information and Broadcasting, Jammu and Kashmir Government, year not

mentioned, P. 12.

3. Philips, C.H., and Wain, Wright, The Partition of India-Policies and

perspective, George Allen and Unwin Ltd., London, 1970, P. 220.

4. Mahajan, Mehar Chand, Kashmir problem in its true perspective an article in

Hindustan Standard, New Delhi, June 3, 1957, P. 6.

5. Zutshi, J.N., Kashmir's Journey to Freedom, The Kashmir Bureau of

Information, New Delhi, P.5.

6. Menon, V.P., The Story of Integration of Indian States, Orient Longman, New

Delhi, 1969, P. 377.

7. Mahajan, Mehar Chand, op. cit., Hindustan Standard, June 4, 1957, P. 6.

8. Mahajan, Mehar Chand, Looking Back, Asia Publishing House, Bombay,

1963, P. 155.

9. Das, J.B., Jammu and Kashmir, Jaico Publishers House, New Delhi, 1959, p.

25.

10. Gupta, Sisir, Kashmir : Foreign Facts, Seminar, P. 91, No. 58, June, 1964, P.

24.

11. The Dawn, 19 October, 1947, P. 2.

12. The Hindustan Times, 6 October, 1947, P. 4.

13. People's Age, October, 1947, Quoted from White Paper on Jammu and

Kashmir State, Government of Jammu, 1948, P. 74.

14. Ibid.

15. Gupta, Sisir, Issue for the Indo-Pak Summit, India Quarterly, Vol. 28, No. 2,

April - June 1972, P. 129.

16. Bamzai, P.N.K., Kashmir and Power Politics, Metropolitan Book Co. Ltd.

New Delhi, 1966, P. 79.

17. Das, Durga, Sardar Patel's Correspondence, New Light on Kashmir, Vol. I,

Mehar, Chand Mahajan to Sardar Patel on 23 October, 1947, Srinagar, P. 63.

18. Pandit Jawaharlal Nehru's broadcast from All India Radio, New Delhi, 2

November, 1947. P. 62.

130

19. Ibid., 23 October, 1947, P. 63.

20. Jhonson, R. Mac, To resolve the Kashmir deadlocl, New York Herald Times,

USA, 1956, P. 72.

21. Ibid.

22. White Paper on Indian States, Ministry of States, Government of India, 1951,

P. 33.

23. Menon, V.P. The Story of the Integration of the Indian States, op. cit., P. 381.

24. Maharaja's Accession offer to India : Letter from Maharaja Hari Singh to Lord

Mountbatten dated October 26, 1947.

25. Lord Mountbatten's letter to Maharaja, 27 October, 1947.

26. Emergency Administration order No. 176-H of 1947, dated October 30, 1947.

27. Proclamation of Maharaja Hari Singh, dated 5 m ARCH, 1948.

28. Tang, M.K., Kashmir special status Oriental Publishers and distributors, Delhi,

1975, p. 36.

29. Dass, Durga, Sardar Patel's Correspondence, Sardar Patel to Jawaharlal Nehru,

May 11, 1949.

30. Ibid.

31. Sikri Commission Report, Government Press Srinagar, 1980, vol. I, P. 50.

32. The Hindustan Time, September 2, 1947., P. 8.

33. The Constituent Assembly Debate, Volume No. IV, No-I, 1954, p.1.

34. The Constituent Assembly Debate, Volume No. VIII, No-I, 1954, p.1.

35. The Constituent Assembly Debate, Volume No. VIII, No-4, February 6, 1954,

p.46

36. Ibid., p.47.

37. Saraf, Mohammad Yusaf, Kashmir Fight for Freedom, Ferozyson, Lahore,

1980, p. 337.

38. Ibid., p. 338.

39. i) Memorial submitted by All Jammu and Kashmir Muslims, Srinagar, 19

October 1931.

ii) Memorial submitted by Kashmiri Pandits, Srinagar, 24 October, 1931.

iii) Memorial submitted by Sikh, Srinagar, 24 October, 1931.

iv) Memorial submitted by Hindus of the state, 29 October, 1931.

v) Memorial submitted by Rajput of the state, 31 October, 1931.

131

40. All Jammu and Kashmir National Conference “Naya Kashmir”, Kashmir

Bureau of Information, New Delhi, 1949.

41. Ibid.

42. Government of Jammu and Kashmir, Gazette Extraording, March 5, 1948,

Jammu.

43. Ibid., clause (1).

44. Ibid., clause (2).

45. Bhushan, Vidya, State Politics and Government Jammu, Jay Kay Book House,

1985, p. 81.

46. The Hindu, 26 June, 1949, Madras, p. 8.

47. Resolution of National Conference, 1950. State Archieves Repository, Jammu.

48. White paper on Indian States, Ministry of States, Government of India, New

Delhi, 1950, p. 47.

49. Ibid.

50. Jammu and Kashmir Constituent Assembly Debates, Vol. I, No. 1, Session 1,

October 31, 1951.

51. Ibid., Vol. 12, No. 20, Session 20, November 19, 1956 : G.M. Sadiq President

affixed his signatures on the constitution.

52. Ibid., Vol. 5, No. 1, November 10, 1952 Constitution Act 1939 was amended

and it was declared that it should come into force on November 17, 1952.

53. Ibid.

54. Ibid.

55. Ibid.

56. Ibid., Vol. 1, No. 5, 7 November, 1951. Resolution was moved by President

G.M. Sadiq for the appointment of the Basic Principles Committee: and it was

adopted.

57. Ibid., Vol. 3, No. 2, 10 June, 1952. Interim Report of the Basic Principles.

Committee.

58. Ibid., Vol. 3, No. 2, 10 June, 1952. Interim Report of the Basic Principles.

Committee.

59. Ibid., Vol. 5, No. 1, 10 November, 1952, p. 1.

60. Ibid. Schedule I, clause 1, P. 13. The head of the state shall be the person

recognised by the President of India on the recommendations of-the

Legislative Assembly of the State.

132

61. Ibid. Clause 4, p. 13. The Head of the State shall hold office for a term of five

years from the date he enters upon the office.

62. Ibid., p. 14, Section 6.

63. Constitution Act 17 of 1952.

64. Gupta Sisir, Kashmir: A study in India-Pakistan Relations, op. cit., p. 371.

65. The Constitution of India came into force on 26 January, 1950. It started its

deliberations for framing the constitution after the Independence Day 15

August, 1947.

66. Parliamentary Debates: Council of States, Vol. 1, No. 31, 5 August, 1952,

Col. 2987.

67. Parliamentary Debates: House of the People, Vol. 3, No. 16, 24 July, 1952,

Col. 4513.

68. Constituent Assembly Debates, Vol. 10, No. 10, October 1949, p. 424.

69. Dass Durga, Sardar Patel's Correspondence: New Light on Kashmir, Vol. 1,

p. 277; Nehru's letter to Sheikh Abdullah, dated 18 May, 1949.

70. Ibid, Nehru to Sheikh Abdullah, 18 May, 1948.

71. Ibid., Ayyanger to Sardar Patel, p. 302.

72. Ibid., Vishnu Sahay (Secretary Kashmir Affairs) to V. Shankar, I.C.S., 14

October, 1949, p. 242; Sheikh ,Abdullah to Ayyanger, 12 October,. 1949, p.

306.

73. Ibid., Abdullah to Ayyanger, 17 October, 1949, p. 306.

74. Ibid., Ayyanger to Sheikh Abdullah, 15 October, 1949, pp. 304-5.

75. Parliamentary Debates: House of the Peoples, Vol. 3, No. 16, 24 July,. 1952,

Col. 4513.

76. Re-draft of Article 306-A, Enclosure I, p. 303: Clause (c) says the pro--visions

of Article I and Part II of the Constitution shall apply in relation to that State.

77. Durga Dass, Sardar Patel's Correspondence New Light on Kashmir, pp. 306-7.

Sheikh Abdullah to Ayyanger, 17 October, 1949.

78. Ibid., Vishnu Sahay to V. Shankar, 14 October, 1949, p. 300.

79. Ibid., Patel to Nehru, 3 November, 1949, P. 301.

80. Dass, Durga, Sardar Patel’s correspondence, Navjeevan Publications, New

Delhi, 1953, P. 226.

133

81. The Constituent Assembly of India started its deliberations on the subject of

framing a constitution for India in December, 1946. The constitution came

into force in January, 1950.

82. Article 370 (a) of the Constitution of India.

83. Lakhanpal, P.L., Essential Document and Notes on Kashmir Dispute,

International Books, Delhi, 1952, p. 310.

84. Article 370, Clause C&D.

85. Kaul, Santosh, Evaluation of Constitution Relationship between Jammu and

Kashmir State and the Indian Union, Ph.D. thesis unpublished Jammu

University, 1976, p. 63.

86. Dass, Durga, Sardar Patel’s correspondence 1945-50, New Light on Kashmir,

Navjeevan Press, Ahmedabad, 1971, Vol. I, Vishnu Shahay to V. Shankar, 14

October, 1949, p. 300.

87. Ibid., p. 301.

88. Ibid.

89. White Paper on Indian States, (Ministry of States, Govt. of India, 1950),

Notification, 25 November, 1950, Appendix 54, p. 371.

90. Jammu and Kashmir Constituent Assembly Debates, Vol. 4, No. 2, 14 August,

1952, p. 13.

91. Jammu and Kashmir Constitution, State Subject Definition.

92. Parliamentary Debates: Council of States, Jawaharlal Nehru‟s Speech, 5

August, 1952.

93. Parliamentary Debates: Council of States, Vol. I, No. 31, 5 August, 1952,

Col. 2994.

94. Parliamentary Debates: House of the People, Vol. 3, No. 16, 24 July, 1952,

Col. 4516.

95. Ibid.

96. Constitution of Jammu and Kashmir 1970, Notification, dated 20 April, 1929,

p. 73.

97. Parliamentary Debates: House of the People, Vol. 3, 24 July, 1952, Col. 4517.

98. Constitution of India, Article 131.

99. Parliamentary Debates; House of the People, Vol. 2, 24 July, 1952, Col.

4518. Parliamentary Debates: Council of States, Vol. 1, No. 31, 5 August,

1952, Col. 2993.

134

100. Jammu and Kashmir Constituent Assembly Debates, Vol. 4, No. 3, 19 August,

1952, p. 51.

101. Ibid.

102. Constitution of India, Article 352.

103. Parliamentary Debates: House of the People, Vol. 3.

104. Constitution of India, Article 352. In its application to the State of J & K State

clause (4) has been added t' Article 352.

105. Parliamentary Debates: House of the People, Vol. 32, 24 July, 1952, Col.

4519.

106. Ibid.

107. Ibid., Vol. 2, 20 June, 1952, Col. 2592.

108. Jammu and Kashmir Constituent Assembly Debates, Vol. 4, No. 3, 19 Aug.,

1952, p. 34. 76

109. Ibid.

110. Parliamentary Debates: House of the People, Vol. 3, 24 July; 1952, Col.

4520.

111. Parliamentary Debates: Council of States, Vol. 1, No. 31, 5 August, 1952,

Col. 3083.

112. Ibid., Sec. 4.

113. Constitution of Jammu and Kashmir, Sec. 1.

114. Korbel, Joseph, Danger in Kashmir, Princeton University Press, London,

1954, p.236.

115. Sheikh, Abdullah, Sadiq correspondence August to October 1956, Publish by

Mridula Sarabha 81/48 Chanakya Puri, New Delhi, year not mentioned, p.17.

116. Gupta, Jyoti Bhushan Dass, op. cit., p. 206.

117. Jamwal, Shailender Singh, Jammu and Kashmir Autocracy to Democracy,

Saksham Books International, Jammu, 2011, p.219.

118. Sheikh Abdullah, Sadiq correspondence, op. cit., p.17.

119. Ibid.

120. Jagmohan, My Frozen Turbulence in Kashmir, Allied Publishers Pvt. Limited,

New Delhi, 2002, p. 97.

121. Ibid.

122. Bhushan, Vidya, op. cit., p. 190.

123. Lord, Bird Wood, op. cit., p. 158.

135

124. Ibid., 159.

125. The Times of India, August 10, 1953.

126. Lord, Bird Wood, op. cit., 158.

127. Jammu and Kashmir Chronical. A magazine, published from Jammu,

February 1976, p. 10.

128. Gupta, Jyoti Bhushan Dass, op. cit., p. 208.

129. Gundevia, Y.D., op. cit., p. 64.

130. Gupta, Jyoti Bhushan Dass, op. cit., p. 28.

131. Bhushan, Vidya, op. cit., p. 192.

132. Jammu and Kashmir Constitutional Assembly Debates, Vol. 8, No. 2, 3rd

Feb.,

1954.

133. Ibid.

134. Ibid., Session 8, Vol. 8, No. 5, 11th

February, 1954.

135. Ibid., P. 1.

136. Ibid., P. 2.

137. Ibid., P. 8.

138. Ibid., Vol. 8, No. 3, 5 February, 1954, p. 16.

139. Ibid., P. 19.

140. Ibid., P. Vol. 8, No. 7, 15 February, 1954, p. 24.

141. Ibid., P. 25.

142. India, Ministry of Law, Notification No. SRO 1610 dated 14 May, 1954.

143. The Draft Constitution, Clause 3, p. 3.

144. Jammu and Kashmir, Constituent Assembly Debate, Volume VII, No, 2,

October 10, 1956, p. 10.

145. Ibid., p. 10.

146. The Draft Constitution, clause 4, p. 3.

147. Ibid., clause 11 to 25, p. 5.

148. Constituent Assembly Debates, Volume XII, No. 3, 22 October, 1956, p. 16

149. Ibid.

150. Ibid.

151. The Draft Constitution, Clause 128.

152. Ibid., Clause 148 to 158, p. 54.

153. Constituent Assemble Debate, volume XII No. 2, 10 October, 1956, p. 9.

154. Draft Constitution Schedules to VI, p. 58.

136

155. Ibid.

156. Bhushan, Vidya, op. cit., P. 332.

157. Ibid.

158. Jammu and Kashmir Assembly Debate, March 3, 1964

159. The Times of India, June 30, 1964, New Delhi.

160. Ibid.

161. Ibid.

162. Sections 148, 149, 150, 151, and 152.

163. Sections 30, 51, 95, 126 amended.

164. Sections 27, 29, 31, 33 and 100 B.

165. Ibid.

166. The following Central laws (labour) were extended to the state:-

1) Workmen‟s Compensation Act. 1923.

2) Payment of wages Act. 1936.

3) Industrial Dispute Act. 1947.

4) Factory Act, 1948.

167. Jammu and Kashmir Assembly Debate, March 3, 1964

168. The following Acts were extended to the State for the first time:-

1) Motor Transport workers Act. 1961.

2) Minimum wages act. 1948.

3) Payment of Bonus Act. 1965.

4) Maternity Benefit Act. 1961

5) Weekly Holiday Act. 1942

6) Employees Liability Act. 1968

7) Employment of children Act. 1938

169. Bomzai, P.N.K, History of Kashmir, op. cit., p.722.

170. Nanda, K.K., Lieut-General (Retd.), Conquering Kashmir: A Pakistani

Obsession, Lancers Books, New Delhi, 1994, p.234.

171. Bindra, S.S., Indo-Pak Relation-Tashkent to Simla Agreement, Deep and Deep

Publications, New Delhi, 1981, p.123.

172. Palit, D.K., (Major-General), The Lighting Campaign – The Indo-Pakistan

War-1971, Salisbury, 1972, p.35.

173. Ibid., p.36.

174. The Hindustan Times, June 13, 1972, New Delhi.

137

175. The Times of India, July 9, 1974, New Delhi.

176. The Patriot, June 16, 1972, New Delhi.

177. The Hindustan Times, 14 June, 1972, New Delhi.

178. Ibid.

179. The Constituent Assembly Debate, Volume No. VIII, No. 4, February 6, 1954,

p. 48.

180. Ibid.

181. Nargis, Nar Singh Dass, Tarik Jadid Dogra Desh Jammu, Chand Publishing

House, Srinagar 1967, P. 787.

182. Gupta, Sisir.

183. Singh, Balbir, State Politics in India, Macmillion India Ltd., Delhi, 1982, P.

49.

184. Singh, Narinder, Political Awakening in Kashmir, H.K., Publications, New

Delhi, 1992, P. 68.

185. Ibid.

186. Ibid.

187. Resolution of the working committee, Hamdard, Srinagar, 19 June, 1938.

188. The Report of the sub-Committee of the Muslim Conference working

Committee appointed on April 27, 1939.

189. Working Committee Resolution No.5, April 27, 1939.

190. Dawan, April 10, 1948, p.4.

191. Ibid.

192. Koul, G.L., Kashmir: Then and Now, Chronicle, Srinagar, p. 160.

193. Ibid.

194. Koul, G.L., op. cit., p.160.

195. Lamb, Alastair, Crisis in Kashmir : 1947 to 1966, Routledge and Kagan Pasul,

London, 1966, P. 74.

196. Gupta, Jyoti Bhushan Dass, Jammu and Kashmir, Martinus Nijhoff/the Haque,

New Delhi, 1960, P. 329.

197. Lamb, Alstair, op. cit., p. 118.

198. Gupta, Jyoti Bushan Dass, Jammu and Kashmir, op. cit., p. 329.

199. The Kashmir Times, September 10, 1989 Jammu, p. 1.

200. Ibid., September 22, 1989, P. 1

201. Malik, B.N., My years with Nehru, Allied Publishers, New Delhi, 1971, p.117.

138

202. Ibid.

203. The Tribune, 3 August, 1975, Chandigarh.

204. The Times of India, 5 August, 1976, New Delhi.

205. Khan, G.H., Government and Politics of Jammu and Kashmir, Published by

Miss Natasha, Rawalpora, Srinagar, 1988, P. 460.

206. Ibid.

207. Verma, P.S., Regional Political Parties in India, ESS ESS Publications, New

Delhi, 1988, P. 191.

208. Khan, G.H. op. cit., p. 466.

209. Khan, G.H. Government and Politics of Jammu and Kashmir, 154

Government Housing Colony, Srinagar, 1988, P. 468.

210. Saraf, Om, Crucial Choice conforts Jamaat-e-Islami: A article in the Kashmir

Times, July 4, 1989, p. 4.

211. Ibid.

212. The Kashmir Times, September 10, 1989, Jammu, p. 1

213. Nayar, Kuldip, where do we go from Here: An article in the Kashmir Times,

January 19, 1990, p. 4.

214. Fazili, Manzoor, Kashmir Government and Politics, Gulshan Publishers,

Srinagar, p.79.

215. Singh, Balbir, State Politics in India, Macmillion India Ltd., New Delhi, 1982,

P. 49.

216. Josef, Korbel, Danger in Kashmir, Princeton University Press, London, 1954,

P. 20.

217. Ibid., P. 20.

218. Bomzai, P.N.K, History of Kashmir, Metropolitian Book Ltd., New Delhi,

1962, P. 722.

219. Hindustan Times, 12 November, 1951, New Delhi, p.1.

220. The Tribune, 17 January, 1952, Ambala, p. 2

221. Sheikh Mohammad Abdullah‟s opening address to The Jammu and Kashmir

Constituent Assembly, Srinagar, November 5, 1951, p. 5.

222. Constituent Assembly debate, Vol. III, No. 2, 10 June, 1952.

223. Constituent Assembly debate, volume III No. 3, 11 June, 1952.

224. Ibid., Volume III, 12 June, 1952.

225. Ibid.

139

226. Constituent Assembly Debate, Vol. V, No. 2, 12 November, 1952, p. 11.

227. A study of Communist Movement in Kashmir: A booklet, Published by Jyoti

Prakashan, Gayibad, year not mentioned, p. 15.

228. David, Lockwood, Sheikh Mohammad Abdullah and Politics of Kashmir

Asian Survey May 1969, P. 383

229. All Jammu and Kashmir Plebiscite Front, December 9, 1964, Front

Publication, Srinagar.

230. White paper on constitutional relationship of Kashmir with India, issued by

Jammu and Kashmir plebiscite front, Delite Press, Srinagar, 1964.

231. Ibid.

232. Constitution of Jamaat-i-Islami, Jammu and Kashmir, Falah-e-Aam Press,

Srinagar, 1969, p.2.

233. Awaz-i-Haq Collection of Speeches, (Urdu) Sheikh Mohammad Abdullah,

Plebiscite Front, Peoples Press, Jammu, 1958, p.27.

234. Mullik, B.N., My years with Nehru, Allied Publication, Delhi, 1872, p.72.

235. Dawn, October 17, 1956, Karachi,

236. Bombay Chronicle, October, 1956, Bombay.

237. The Times of India, October 25, 1956, Bombay.

238. Puri, Balraj, Jammu: A Clue to Kashmir Tangle, Photo flash Press, Delhi

1966, p. 34.

239. Madhok, Balraj, Kashmir: Centre of New Alignment, Deepak Prakashan, New

Delhi, 1963, p. 38.

240. Madhok, Balraj, Bungling in Kashmir, Hind Pocket Books, Delhi, 1947, P. 38.

241. Saraf, Mohammad Yusaf, Kashmir’s Fight for Freedom, Ferozsons, Lahore,

1979, p. 124.

242. Madhok, Bungling in Kashmir, op. cit., p. 38.

243. Ibid., p.39.

244. The Hindustan Times, New Delhi, November 12, 1951, p. 1

245. Ibid.

246. Hindustan Times, 12 November, 1951, New Delhi, p.1.

247. The Tribune, 17 January, 1952, Ambala, p. 2

248. All Jammu and Kashmir Plebiscite Front, December 9, 1964, Front

Publication, Srinagar.

249. Ibid.

140

250. A memorandum found in the old files of Praja Parshid in its Jammu office.

Date and year not mentioned.

251. The Hindustan Time, 12 November, 1951, New Delhi, p. 4.

252. Detail regarding the Praja Parshid stand on Article 370 can be found in the

pamphalet entitled, Jammu Rejects a separate constitution, Published by all

Jammu and Kashmir. Praja Parshid, 1952.

253. Ibid.

254. Modhok, Balraj, Kashmir Centre for new alignment, op. cit., p.37.

255. The Hindustan Times, 14 March, 1990, New Delhi, p.7.

256. The Hindustan Times, New Delhi, 11 November, 1951, p. 4.

257. Ibid.

258. Ibid.

259. Dawn, 1 November, 1950, Karachi.

260. Bhushan Vidya, op. cit., p. 85.

261. Ibid.

262. Bomzai, P.N.K., History of Kashmir, op. cit., p.722.

263. Vigil, A Political weekly, published by Manoranja Guha, February 13, 1953,

p.5.

264. The Tribune, 4 February, 1952, Ambala, p. 3.

265. The Press Note issued by the Jammu and Kashmir Government on February 9,

1952.

266. Gupta, Jyoti Bhushan, Jammu and Kashmir, op. cit., P. 187.

267. Madhok, Balraj, Dr. Shyama Prashad Mukerji: A Biography, Deepak

Prakashan, New Delhi, 1954, p.253.

268. Nehru-Abdullah Pact: An unholy Agreement and Fraud, A pamphlet

published by Praja Prashid, year not mentioned, p.2.

269. Integrate Kashmir: Mukherji-Nehru and Abdullah Correspondence, Bhartiya

Jana Sangh, New Delhi, 1953, p.50.

270. Bhushan, Vidya, op. cit., p. 81.

271. Ibid.

272. The Times of India, July 10, 1952, Bombay.

273. Ibid.

274. Amrit Bazar Patrika, July 14, 152, Calcutta.

275. Parliamentary Debates: Council of States, Vol. 1, No. 31, August 5, 1952.

141

276. A plea to understood – A pamphlet, issued by Publicity Secretary All Jammu

and Kashmir Praja Parishad, 1952, p. 8.

277. The Motherland, 25 February, 1975, New Delhi.

278. Karbel, Josef, op. cit., p. 237.

279. Teng, Mohan Krishan, Kashmir Article 370, Anmol Publication, New Delhi,

1990, p.98.

280. White paper Jammu and Kashmir, Published by Government of India,

Ministry of Indian States, New Delhi, 1950, p.52.

281. Ibid., p.53.

282. Ibid.