Easy solution of Kashmir problem – J.G.Arora


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19 Responses to “Easy solution of Kashmir problem – J.G.Arora”

  1. Sushri
    May 24, 2017 at 2:32 pm #

    Necessary action to repeal Article 370 must be taken by the Central Government as per Clause (3) of Article 370 immediately for the complete integration of the State of Jammu and Kashmir with the rest of India.

  2. Gopal
    May 24, 2017 at 3:08 pm #

    Since like all other princely states which had joined India, Jammu and Kashmir too became the irrevocable part of India in October, 1947 because of Instrument of Accession signed by its ruler on October 26, 1947, there was absolutely no need of Article 370. At least now, Article 370 should be repealed by the BJP-led Central Government by issuing the necessary Presidential Notification as per Clause (3) of Article 370.

  3. May 24, 2017 at 6:15 pm #

    India’s Unity is undermined by a constant process of political appeasement with no concern for India’s vital, national security interests. No part of Indian Constitution can be allowed to pose threat to Republic of India.

  4. Jai Sri Ram
    May 24, 2017 at 9:01 pm #

    Dr Ambedkar was against Article 370: Subramanian Swamy

    BJP leader Subramanian Swamy stated that Dr BR Ambedkar, father of Indian Constitution, and most of the Congressmen were against Article 370 and it was only Prime Minister Jawaharlal Nehru who imposed it.

    Addressing a gathering at Sai Sabhagraha, Swamy said, “Nehru’s decision was illegal. He did not take permission from the cabinet. When the issue came up for discussion in constituent assembly, Dr Ambedkar was so disgusted that he did not take part in it.”

    The BJP leader said that India had no compulsion to carry on Nehru’s illegal legacy and immediate steps should be taken to abrogate Article 370. “It is a misconception that it has to be passed by the Parliament. The Constitution clearly states it can be scrapped just by a notification issued by the President. Modi cabinet just needs to send a proposal to him,” he said.


  5. Hiren
    May 24, 2017 at 9:12 pm #

    Article 370: The untold story
    ByMaj Gen Sheru Thapliyal
    IssueVol 26.1 Jan-Mar 2011| Date : 27 Dec , 2014

    It is often not realized that among the causes of Kashmir problem – inclusion of plebiscite in the Instrument of Accession, reference of Kashmir to UN, halting Indian offensive when it was poised to drive out the invaders from Kashmir, Article 370 has played no less a part in preventing J&K from becoming an integral part of the Indian Union. Not many people are aware as how and why this Article was formulated and included in the Indian Constitution despite grave misgivings of Sardar Patel and indeed a large number of the members of Congress Working Committee and Constituent Assembly.
    Article 370 was worked out in late 1947 between Sheikh Abdullah, who had by then been appointed Prime Minister of J&K by the Maharaja and Nehru, who kept the Kashmir portfolio with himself and kept Sardar Patel, the home minister, away from his legitimate function. Hence Nehru is answerable to all acts of commission and omission, consequences of which we are suffering till date as far as J&K is concerned.
    “Why should a state of the Indian Union have a special status? It conveys a wrong signal not only to Kashmiris but also to the separatists, Pakistan and indeed the international community that J&K is still to become integral part of India, the sooner Article 370 is done away is better.”
    While it was Mountbatten who persuaded Nehru to take the J&K issue to the UN, it was Sheikh Abdullah, who, driven by his ambition to be ruler of an independent Kashmir and his hatred for the Maharaja, persuaded Nehru to give special status to J&K. Among his reasons were – occupation of one third of J&K by Pakistan, reference to the UN and plebiscite. The most sinister aspect of proposed Article 370 was the provision that any changes could be brought about in it only by the concurrence of J&K assembly. Nehru’s promise that Article 370 was a temporary provision and will get eroded over a period of time has turned out to be a chimera. The first thing that Sheikh Abdullah got done was to abolish hereditary monarchy and redesignate him as Sadar-e-Riyasat who was to be elected by the Assembly. The accession of J&K State into Indian Union was approved by J&K Assembly only in 1956.
    Dramatis Personal
    Jawahar Lal Nehru The handsome Harrow educated aristocrat who gave up a life of luxury to join the freedom movement. Babu’s choose heir and darling of the masses, he had a fatal flaw. He cared for personalities rather than issues and institutions, be it selection of Lord Mountbatten as the first Governor General of free India, retaining a senior British officer as the Commander-in-Chief of India Army or backing Sheikh Abdullah to the hilt – his choices were unfortunate. Finally the Chinese aggression of 1962 shattered his image of a world statesman.
    Sardar Patel The Iron Man of India — silent, strong and pragmatic with a complete hold on congress party organization — rightly credited with creating a unified India by integrating 565 princely states in it — he would have included Kashmir also in it if allowed to do so by Nehru. The only blot on him was the insinuation that he failed to protect his beloved Bapu. The slur only hastened his end in Dec 1950.
    Nehru’s promise that Article 370 was a temporary provision and will get eroded over a period of time has turned out to be a chimera.
    Sheikh Mohammed Abdullah Charismatic Kashmiri leader who never let go of his dream of ruling an independent Kashmir even while masquerading as a secularist — architect of Article 370 along with Nehru. He must share with Nehru the grave consequences. Lion of Kashmir brought Nehru under his spell from 1938 onwards to the extent that in May 1947 when he was arrested by the Maharaja for sedition, Nehru represented Sheikh as his lawyer and was even arrested in Jun 1947 by the Maharaja while trying to enter J&K. Finally Nehru had to eat the humble pie by arresting Sheikh Abdullah for sedition on 9 Aug 1953.
    Maharaja Hari Singh The Maharaja saw an opportunity at the end of British Raj to keep Kashmir as the Switzerland of the East. Trying to repeat history when his ancestors – Maharaja Gulab Singh and Ranbir Singh gained handsome dividends by keeping aloof during the Sikh War and Great Mutiny, Hari Singh tried to sign a standstill Agreement with India and Pak at the time of independence, Pakistan signed, India declined. Maharaja died a lonely man, forced to abdicate and exiled from his beloved land.
    The Drama Unfolds
    Having finalized the text of Article 370 with Sheikh Abdullah, Nehru brought in Gopalaswamy Ayyangar, IAS, as a minister without portfolio to help him deal with Kashmir portfolio and plead the case of Article 370 in the Constituent Assembly. Gopalaswamy Ayyangar had been prime minister of Kashmir for six years with Maharaja Hari Singh. When Sardar Patel expressed his misgivings, this is what Nehru had to say on Dec 27, 1947.
    “Gopalaswamy Ayyangar has been especially asked to help in Kashmir matters. Both for this reason and because of his intimate knowledge and experience of Kashmir, he had to be given full latitude. I really do not know where the States Ministry (Sardar Patel’s ministry) comes into the picture except that it should be kept informed for the steps taken. All this was done at my instance and I do not propose to abdicate my functions in regard to matters for which I consider myself responsible. May I say that the manner of approach to Gopalaswamy was hardly in keeping with the courtesy due to a colleague.”
    It speaks volumes of Patel’s loyalty to a colleague that despite his own and others misgivings, he managed to convince the members of Constituent Assembly and Congress Party Executive. But to V Shankar he said “Jawaharlal Royega”.
    The Sardar thereupon resigned and the matter fell in Gandhiji’s lap to bring the two colleagues together. During this period, V Shankar, IAS was the personal secretary to Patel and had maintained a record of all events. It is clear from these records that Nehru finalized the draft of Article 370 alongwith Sheikh Abdullah without even informing Patel. Thereafter it fell to Gopalaswamy Ayyangar to get the draft passed in the Constituent Assembly discussions. The proposal was torn to pieces by the Constituent Assembly and also Congress Party Executive.
    Nehru, who was abroad at the time, swallowed his pride and rang up Patel and requested him to get the Article 370 approved It speaks volumes of Patel’s loyalty to a colleague that despite his own and others misgivings, he managed to convince the members of Constituent Assembly and Congress Party Executive. But to V Shankar he said “Jawaharlal Royega”. V Shankar, in his record has described the meeting of the Congress Executive Committee “The meeting was one of the stormiest I have ever witnessed barring the party meeting which discussed the proposition relating to Rajaji becoming the first President of Indian Republic. The opinion in opposition to Gopalaswamy’s formula was forcefully and even militantly expressed and the issue even brought in the sovereignty of the Constituent Assembly to draw up the Constitution without being tied down to the apron-strings of the Kashmir State Constituent Assembly. In such a situation even Maulana Azad was shouted down.
    The Party was in uproar. The Sardar had to plead that because of the international complications, a provisional approach alone could be made leaving the question of final relationship to be worked out according to the exigencies of the situation and mutual feelings and confidence that would have been by then created. Once the Sardar had taken charge, all opposition to the draft was silenced” And how Nehru responded to this great act of loyalty on part of Sardar? On 24 July 1952, after Sardar was no more, Nehru made a detailed statement on Kashmir in the Parliament on slow integration of Kashmir into India Union and mentioned that “Sardar Patel was all the time dealing with these matters.” Even Gopalaswami Ayyangar was dismayed at this blatant lie and mentioned to V Shankar “It is an ill return to the Sardar for the magnanimity he had shown in accepting Panditji’s point of view against his better judgment.”
    Consequences of Article 370
    Article 370 has been the biggest impediment to integration of J&K State into Indian Union. That it was incorporated in the Indian Constitution by the machination of two individuals – Shiekh Abdullah and Nehru is all the more regrettable. Nehru had to eat the humble pie when he had to arrest the Sheikh for his divisive and anti national stance on 8 Aug 1953 but he did not let go of his concept of keeping J&K a separate entity. In 1957, some top leaders of National Conference led by Mr Qasim split the party and formed a group called Democratic National Conference (DNC).
    Article 370, included in the Constitution on a temporary provision should have been gradually abrogated. This has not happened in sixty years.
    It had abrogation of Article 370 on its agenda. Nehru would not brook any opposition to his policy of keeping J&K a separate entity. He told the leaders that a new threat (China) is emerging and it is an inopportune time to raise this issue and forced them to drop their demand. Nehru thereafter decided to withdraw the Kashmir conspiracy case against Sheikh Abdullah. This case had been going on since May 21, 1958. The formal orders however were issued by Govt of India on 8 April 1964.
    It is often forgotten that J&K state is not a homogeneous entity. Apart from Valley Muslims, Jammu has a predominantly Hindu population while Ladakh has a mix of Buddhist and Muslims. Then you have the Gujjars & Bakarwals. Why is Article 370 detrimental to the full integration of J&K state into Indian Union. Firstly the Central Govt can make laws only with concurrence of the State govt, practically giving it the Veto power. Article 352 and 360 for declaration of national and financial emergency respectively cannot be applied in Kashmir. While a citizen of India has only Indian citizenship, J&K citizens have two citizenships. Anti Defection Law is not applicable to J&K. No outsider can buy property in J&K state.
    The beneficial laws such as Wealth Tax, Gift Tax & Urban Land Ceiling Act and intermarriage with other Indian nationals do not operate in J&K State. Even Article 356 under which President of India can impose his rule in any state cannot be enforced in J&K without consent of the Governor who himself is an appointee of the President. State of J&K can refuse building of any cantonment on any site or refuse to allot land for defence purposes.
    Article 370, included in the Constitution on a temporary provision should have been gradually abrogated. This has not happened in sixty years. In fact whenever someone mentions this, vested interests raise an outcry that legitimate rights of Kashmiris are being trampled upon. Stated agenda of National Conference is return to pre 1953 status. Why should a state of Indian Union have a special status? It conveys a wrong signal not only to Kashmiris but also to the separatists, Pakistan and indeed the international community that J&K is still to become integral part of India, the sooner Article 370 is done away is better.
    Article 370 of the Constitution of India
    Temporary Provisions with respect to the State of Jammu & Kashmir
    1. Notwithstanding anything in this constitution:
    (a) The provisions of Article 238 shall not apply in relation to the State of Jammu & Kashmir.
    (b) The power of Parliament to make laws for the said state shall be limited to
    (i) those matters in the Union List and the Concurrent List which in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State and
    (ii) Such other matters in the Said Lists as, with the concurrence of the Govt of the State, the President may, by order specify.
    1. Explanation. For the purposes of this Article, the Govt of the State means the person for the time being recognized by the President as Maharaja of Jammu & Kashmir acting on the advice of the council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifty day of March 1948.
    (c) The provisions of Article (1) and of this Article shall apply in relation to this State;
    (d) Such of the other provisions of this Constitution shall apply in relation to that State Subject to such exceptions and modifications as the President may by order specify;
    Provided that no such order which related to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub clause (1) shall be issued except in consultation with the govt of the State.
    Provided further that no such order which relates to matters other than those referred to in the last proceeding proviso shall be issued except with the concurrence of the Govt of the State.
    (2) If the concurrence of the Govt of the State referred to in para (ii) of Sub Clause (b) of Clause (1) be given before the Constituent Assembly for the purpose of framing the Constitution of the State is concerned. It shall be placed before such Assembly for such decision as it may take thereon.
    (3) Notwithstanding the anything in the foregoing provisions of the article, the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may notify.
    Provided that the recommendation of the Constituent Assembly of the State referred to in Clause (2) shall be necessary before the President issues such a notification.
    1. India Betrayed – The Role of Nehru -Brigadier BN Sharma
    2. Lost Decades -Nani Palkhiwala
    3. Atish-E-Chinar -Sheikh Abdullah
    4. Partition Plan -Alan Campbell Johnson
    5. Correspondence of Sardar Patel -Durga Das
    6. Kashmir 1947 – Rival Versions of History -Prem Shankar Jha
    7. My Frozen Turbulence in Kashmir -Jagmohan
    8. My Reminiscences of Sardar Patel -V Shankar
    9. Appendix A – Article 370

  6. sushri
    May 24, 2017 at 11:08 pm #

    Many thanks to Patriots Forum for publishing this piece. Though Article 370 itself states that it is a ‘temporary provision’, and though it was inserted in the Constitution in 1950, it is shocking that it is still in the constitution even in 2017.

  7. Gopal
    May 24, 2017 at 11:13 pm #

    Facts of life are stranger than fiction. It is a strange fact that Article 370 is still there in the Constitution. Nationalists must do their best to get this temporary provision repealed. Sincere and sustained efforts made in this regard are bound to succeed.

  8. May 25, 2017 at 9:45 am #

    The post and the comments are well meaning.

    However there is no reason to doubt the sincerely of BJP about solving Kashmir problem.

    While we should keep on reminding the public about the subject through such blogs and related comments we must appreciate the achievements of the NDA including the latest humiliation of Nawaz Shariff in Saudi Arabia.

  9. Kedar Gadgil
    May 25, 2017 at 10:22 am #

    Excellent article. Modi govt has completely forgotten about its election manifesto. They are only working to stay in power in 2019. There has been no visible action from this govt on abolishing article 370; obviously no efforts are being made.

  10. arbsan
    May 26, 2017 at 7:01 am #

    what will be the consequences of repealing article 370? civil war in J & K??
    if it’s so easy to do, BJP govt would have done it.

  11. sushri
    May 29, 2017 at 5:24 pm #

    Since Article 370 has all along generated separatism and terrorism, the repeal of Article 370 will make Kashmir a normal and a peaceful State like all other States of India.

  12. Upendra Dave
    May 30, 2017 at 12:10 am #

    Dear sir
    Grateful for detailed historical facts. I would appreciate if you would contact me possibilities to work to gether. Kind regards. My T.No 0044 7855950969

  13. Sharad Savadi
    May 30, 2017 at 1:45 am #

    The main article by Shri J. G. Arora on the issue of Article 370 of the Constitution and replies by some enlightened readers cover extensively the historical blunder committed and the resultant havoc it has created by its existence over the years. There is no doubt that this piece in the Constitution undermines the national integration and is a boon for seperatism. It is a deliberate self goal by the then captain of our country. Be that as it may, what has happened in the history cannot be altered whether one likes or not. Now the million( did somebody say trillion) dollar question is from here to where and how. For a person who is fed by the daily news about Kashmir and the violence there, either through press or through e – media, the situation appears beyond any control and redemption. The news channels have created such an impression on the commen man through their prejudiced coverage of the news that there is only one way for the Kashmir solution and that every passing day is nearer to its D day.
    Though the situation is grave and cannot be worse that what it is these days, It is yet not as bad either, if the entire state of Jammu and Kashmir is considered. The state has three geographical divisions. One is the Kashmir valley where almost the entire population, post the purging of Hindu population by the majority Muslims in the late 80s and 90s, has become radicalised Wahabi Muslim following Sunni sect. This area covers the districts of Shrinagar, Anantnag, Bandipora, Kulgam, Shopiana, Badgam, Baramulla, Kupwara, Pulwama , Ganderball, with a total geographical area of 15,948 Sq. K.Ms and a population of nearly 69 lakhs as per the 2011 census. These are the districts where the daily quota of violence is reported in the news channels almost everyday. Jammu Division has an area of approximately 26000 Sq. K.Ms.( more than Kashmir Valley) covered by 10 districts. The majority population out of total population of approximately over 53 lakhs is Hindu. The third is Ladakh division which consists of only 2 Districts, namely Leh and Kargil. The are of this division is nearly 59,000 Sq. K.Ms.( far more than Jammu Dn and Kashmir Valley put together) and the population which is predominantly Buddhist, and Shia Muslim is approximately 3 lakhs. This division is free from any disturbance.The disturbances are however prevailent in most of the districts of Kashmir Valley and a couple of districts in Jammu division. Thus it is not the case that entire state of J& K is on fire.
    Having said that, a question that naturally comes to mind is what is holding the present Modi led government in repealing the Article 370 from the Constitution, particularly when BJP was shouting hoarse against its continuation prior to coming to power. Is Mr. Modi playing a waiting game? To me, it appears so. One can expect Mr. Modi to take a bold decision of repealing Article 370 since he has already proved his mettle on several other issues including demonetisation. Perhaps he is waiting for the nominee of his party’s choice to get elected as the new President of India since the approval by the President is crucial on the Cabinet decision in repealing the most hated Article in the constitution. Maybe perhaps, Mr. Modi is not confident of convincing the present incumbent in Rashtrapati Bhavan for obvious reasons. It is likely that before the completion of the fourth year in office and much before the process for the next general election starts, the wish list of the entire country,minus the separatists, should be fulfilled. If it does not happen before the completion of the tenure of this government, it may not happen at all or may not happen for a very very long time.
    Assuming that the Article under discussion is repealed, is that panacea for the ills of that state? I would say definitely not. The Government and the people would have lot to do to bring that state on par with any other state in India.For this to happen my suggestions are as under.
    1. Trifurcation of the state : Jammu and Kashmir would be two separate states with separate assemblies and governments.
    2. Ladakh should be made Union administered territory with local government. This is specifically suggested in view of the fact that Ladakh shares its boundary with China.
    3. The Central Government should provide additional incentives in the form of free housing and increased pension to all the retiring persons from Armed forces including BSF, CRPF, to settle in Jammu and in Kashmir after retirement till the rest of their life.
    4. Provide incentives, including tax holidays, to industries in the manufacturing sector to open new units in Jammu and in Kashmir.
    5. Waiver of Stamp duty etc. on purchase of immovable property in Kashmir to those persons who are not residents of Kashmir for certain specific number of years so as to attract outsiders to settle down in Kashmir.

    These are just few of the proposals. The real integration of the state in India would take years and years in view of Seperatist mentality that has been nurtured and encouraged by the vested interest for the last nearly 70 years. Emotional integration is more important than political integration which naturally would take at least one generational period to accept it mentally. On positive side , let us hope that when the country would be celebrating its one Hundredth Independence Day, there will be only one flag as the national flag and the people of the present J&K would proudly unfurl and salute only that flag as in the rest of the country.

  14. May 30, 2017 at 3:40 pm #

    The writers of the article 370 various other articles in the constitution of India had never ever taken public consent before imposing their rules and idealogy on a large hindu population which was already in a state of shock consequent to hindu genocide on India’s east and west borders during 1947_1948.
    In fact the leaders responsible for partition of India and the writers of our. Constitution them selves were not elected representatives of people of India and therefore should not have been asked to do this job.

  15. May 30, 2017 at 3:46 pm #

    This indeed is one of the finest contributions on the subject. The solution to this problem provided by you appears to be practical.
    The writers of the article 370 various other articles in the constitution of India had never ever taken public consent before imposing their rules and idealogy on a large hindu population which was already in a state of shock consequent to hindu genocide on India’s east and west borders during 1947_1948.
    In fact the leaders responsible for partition of India and the writers of our. Constitution them selves were not elected representatives of people of India and therefore should not have been asked to do this job.

  16. Srinivas Bhat
    May 31, 2017 at 4:23 pm #

    After presidential election, am sure Article 370 will be scraped from constitution. Just we waiting for electing of BJP candidate as president. Jai hind..

  17. Prem Gupta
    June 2, 2017 at 5:03 am #

    Great article with lot of clarity.Thanks

  18. sushri
    June 11, 2017 at 11:50 am #

    As rightly mentioned by the author in the article, “The injury India is suffering in Jammu and Kashmir is self-inflicted”. Article 370 which was inserted in the Constitution in 1950 only as a “Temporary provision” has been made a permanent disability for the nation. Accordingly, Article 370 must be abolished immediately.

  19. sushri
    June 12, 2017 at 4:40 pm #

    In keeping with its Election Manifesto issued before Parliamentary elections in 2014, BJP-led government must take the necessary follow-up action to repeal Article 370 at the earliest.

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