Dr. Faroog Abdullah’s National Conference which won a two third’s majority in the Kashmir Assembly last week has assumed office. It is perhaps for the first time that a political party based in Kashmir contested and won elections independently of any Indian National party. To that extent, it could be argued that the elections in the disputed state were reasonably fair and free although the Indian State did not allow any international observer to be posted to oversee the process. Remember the time when Sheikh Abdullah’s national Conference in 1951 had won 71 out of 73 seats uncontested. What is of immediate interest is whether Dr. Faroog Abdullah will exercise powers granted to the State Assembly and the state government, both by the Jammu & Kashmir Constitution and the Indian Constitution, namely declaring all Indian laws applied to Kashmir after November 1956 as null and void. Will Dr. Abdullah be content to appoint a committee headed by Dr. Karan Singh to suggest framework of autonomy for Kashmir, a plank on which the National Conference was returned with such an impressive majority? Dr. Abdullah’s main thrust on the eve of elections had been on the restoration of constitutional powers to Kashmir that existed prior to 1953. It may be recalled that Dr. Abdullah’s father and Jawaharlal Nehru had entered into an agreement in 1952 which provided for the following: * No financial integration with the Union of India, Taxes which in other cases are collected by the Union will remain exclusively under State Control. * No transfer of resources from the Center to the state government. * A customs barrier between India and the state of Jammu and Kashmir, * Governor shall be elected by the state legislature and not appointed by the President as in other states. * J &K representatives to the Lok Sabha and Rajya Sabha shall not be elected by appointed by the President of India in consolation with the Government of the Jammu and Kashmir. * All residuary powers of Legislature rest with the State Government. * Article 356 will not apply to the state of Jammu and Kashmir. * Fundamental rights enshrined in the Constitution of India will not be conferred on the residents of Jammu and Kashmir. * No amendment to the Constitution of India will apply to J &K Article 392 which will be applicable only in case of “external aggression “, not on grounds of? Internal emergency”. * Article 360 of financial emergency does not apply to J & K. * The Election Commission’s jurisdiction in J&K applies only to the elections of the President and the Vice President. * Elections in the State legislative assembly to be governed by the laws of the State. * The Supreme Court has limited jurisdiction, * All India services IAS and IPS, Comptroller and Auditor General, Control Excise, Posts and Telegraph have no jurisdiction in the state. * Executive head of the state will be called the Sadari Riyasat (President) and the head of the government will be called Wazireazam (Prime Minister).

It is worth recalling that Sheikh Abdullah’s party had won a two thirds majority in the Kashmir Assembly in 1977 and had quickly appointed a committee, and then headed by D.D. Thakur, to devise a framework for autonomy. That committee’s report was never acted upon by Sheikh Abdullah. Will the history repeat itself? Dr. Abdullah has talked of unemployment of Kashmir youth and has indicated the need to employ more and more youth in the Kashmir government, there is hardly any surplus money with the state government to accommodate youths in services. Almost the entire money paid to the state’s bureaucracy comes from Delhi. Kashmir’s main industry tourism is a shambles. Is Dr. Abdullah in a position to build up excise barriers around Kashmir to retain the state’s financial autonomy? It has to be admitted that the state over the decades has been gold chained by India leaving hardly any scope for Abdullah to think of financial of political autonomy.

Otherwise, the Indian polity is in no position to grant any measure of autonomy to Kashmir. The Indian prime minister announced a few weeks ago that the central government was in favor of “maximum autonomy” to Kashmir and that talks would be with the representatives of the State’s elected Assembly. It appears the prime minister was merely biding for time as he is in no position to take any meaningful steps in Kashmir towards autonomy. In any case, the Indian central government’s own stability is in doubt. Even if certain steps are finally taken to grant autonomy to Kashmir, the extent of autonomy may turn out to be far from maximum.

The Kashmir developments in any case will have bearing on Punjab. The success or failure or Dr. Abdullah to deliver the goods will have an impact on the Akali politics as well. The Punjab issue cannot be kept under wraps for long. Its political problems will have to be addressed one day, Parkash Singh Badal’s model of development of Punjab on the basis of his concept of Hindu Sikh unity has close correspondence with Dr. Abdullah’s program for Kashmir, Both seem to be not too serious about autonomy. They cannot afford any confrontation or serious arguments will the central government. Both the states are shacked in India’s golden chains. Even then let us keep or fingers crossed.

Article extracted from this publication >>  October 9, 1996