JAMMU: The Center is reportedly seriously considering Dr. Farooq Abdullah’s three-point formula for warding off a constitutional crisis which may grip Jammu and Kashmir if the assembly elections are not held before the expiry of the five year central rule on July 18.

Sources said the former Chief Minister, Dr. Abdullah, who heads pro India National Conference, has conveyed to the Prime Minister the need for the restoration of the pre-1953 constitutional status to Jammu and Kashmir. He has also suggested to the central leaders that in the situation that existed in the state either an emergency government on the 1947 pattern should be installed or political advisers to the Governor be appointed to renew links between the people and the state administration.

Earlier the same suggestions were rejected by the Center on the plea that any backdoor entry would prove counterproductive. But under the existing political scenario in which the atmosphere is still not conducive to holding the proposed poll the Center is said to be giving a serious thought to Dr. Farooq’s formula.

According to National Conference sources, Dr. Farooq Abdullah and his colleagues are of the opinion that either seven-member emergency government, comprising politicians of pro-India parties, or political advisers to the Governor could pave the way for the proposed assembly elections. They have argued with the central leaders that the existing administrative structure has widened the gap between the government and the people and in these circumstances a free and fair poll is not possible.

The Janata Dal leader and former Union Home Minister, Mufti Mohammed Syed, too has lent weight to the National Conference formula. The Mufti wants the present administrative setup to be revamped and politicians having some say among the people installed on important seats so that they could act as a bridge between the people and the government. Dr. Abdullah is said to have made a specific suggestion to the Center that he and his party will participate in the proposed poll if the government announced the acceptance of his demand for restoring greater internal autonomy to the state. His argument is based on the assumption that grant of greater internal autonomy can have many takers in Kashmir. This can be used as a bait for wooing back those sections of people who have become fed up with insurgency.

Since the government is aware of the plans of the militants regarding fomenting subversive violence for foiling the plan of holding the assembly poll, the Center has, for the time being, only two alternatives. First, it has to accept Dr. Farooq’s suggestions and involve pro-India politicians in the election process. Hitherto these pro-India politicians had been kept at bay because the state administration and the Center had presumed either the separatists accept government offer for negotiations within the ambit of the Constitution or insurgency would be eliminated shortly. The government has failed on both the fronts.

The second alternative before the Center is to extend the President’s rule beyond the stipulated period of five years. However, constitutional experts, including A.K. Sawhney, are pessimistic about the validity of any exercise aimed at amending Article 356 of the Constitution under Article 368.

Experts say that even if the Union Government is able to muster two thirds majority for amending the Constitution for extending President’s rule beyond a period of five years, the amendment, under Article 370 and under the state Constitution, cannot be applied to Jammu and Kashmir without the approval of the state legislature.

Even Presidential orders and notifications cannot be applied directly to the state and for this the Instrument of Accession and the state’s Constitution are a bar. Possibly, it is in the context of this constitutional hitch that the Central Government and the Chief Election Commissioner have started doing the spadework for the proposed assembly poll. Though haphazardly, the revision of the electoral rolls in the state is almost complete and instructions are being issued to complete other formalities prior to the notification from the Chief Election Commission.

Consequently, the government is faced with the ticklish constitutional and security problems in its plan for either holding the elections or for extending central rule in Jammu and Kashmir.

Separatists have already formulated a plan for kicking up subversive violence in the Jammu region so as to convey to the world that insurgency is not limited to the Kashmir valley only.

Political observers are of the opinion that minor changes in the administrative setup by way of replacing a couple of Advisers to the Governor or some bureaucrats is not the solution to the problem of maladministration. A better administrative machinery and security “bandobast” are called for to minimize the striking power of the militants.

Pro-India politicians want the system to be changed at least four months. before the poll dates which means that by the end of the current month the Center has to take some decision and make its Kashmir policy clear.

 

Article extracted from this publication >> February 24, 1995