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By:-RAHUL KUMAR MISHRA||24 - Aug - 2019

INTRODUCTION

Jammu & Kashmir has been de-organized into two Union Territories. One is Jammu and Kashmir with Legislative Assembly and second one is Ladakh without Legislative Assembly. After scrapping Article 370 and 35A, it has been integral part of Indian Constitution. As per Article 370, Legislative Assembly was its Constitution Assembly which made Separate Law for Jammu and Kashmir. It means, Indian Parliament’s Law could not be applied in Jammu and Kashmir. As per Article 35A, nobody out of Jammu and Kashmir (from any other state of India) could purchase property in Jammu and Kashmir. It was made provision in 1954 with consent of Central Government of India.

Special status was given to Jammu and Kashmir only for status quo situation in the state. But some of them misunderstood that it was a separate provision of State. Article 370 and Article 35A both were temporary provision for the State. Nobody took risk to finish this temporary provision because of vote bank politics. These two provisions were kept far away people of Jammu and Kashmir from growth and development of state. Pakistan always used Separatist Leaders to create hurdle for Indian Government. Cross-Border Terrorism was brought to unrest Jammu and Kashmir.

PARTITION AND INVASION ON JAMMU & KASHMIR

Basic rule of partition was based on population. If Hindu Population was greater than Muslim Population, State would go with India or Muslim Population was greater than Hindu Population, State would go with Pakistan. During partition of India and Pakistan, three princely states were bone of contention. Hyderabad, Junagarh and Jammu and Kashmir. All three princely states were Muslim-Populated States, but thier Kings or Nizams did not want to merge their states in India or Pakistan. These princely states wanted its own country. The Then Home Minister Mr. Sardar Vallabh Bhai Patel did army execution on Hyderabad and Junagarh and made it part of India. King of Jammu and Kashmir Hari Singh did not take interest neither Indian Side nor Pakistan Side. As per Muslim population of Jammu and Kashmir, it should have been part of Pakistan, but King Hari Singh did not want to go with India or Pakistan. In 1948, Pakistan with the help of Kabayali Pathans attacked on Jammu and Kashmir. Army of King Hari Singh was mostly dependant of Muslim Soldiers. Those Muslim Soldiers supported Pakistan. King Hari Singh became very frightened and rushed for help to India.

India assured him for security and King Hari Singh agreed and signed with condition that Jammu and Kashmir would be part of India. Indian Army entered in Jammu and Kashmir and started to push Pakistan army back. But unfortunately, The Then Prime Minister Mr. Jawahar Lal Nehru went to United Nations. First of all, United Nations passed Ceasefire Motion. Both Nations India and Pakistan agreed for ceasefire. Ceasefire point is Line of Control. 55% area of Jammu and Kashmir is with India, 30% area of Jammu and Kashmir is Pakistan and China keeps 15% area of Jammu and Kashmir. China’s 15% area is given by Pakistan as gift and some was captured by China from India in 1962 war.

UN MEDIATIONS

India took this issue in United Nations despite oppose of Sheikh Abdulla. United Nations Commission for India and Pakistan (UNCIP) was formed by United Nations Security Council. UNCIP told both nations India and Pakistan to ceasefire and called to Pakistan Government for withdrawal of its Army from Jammu and Kashmir. After UNCIP told also India to reduce its Army from Jammu and Kashmir, so an atmosphere could be created for a plebiscite. Both Nations agreed for ceasefire but failed to withdraw and reduce its Army from disputed Jammu and Kashmir by 1st January 1949.

UNCIP visited 3 times to India and Pakistan for a resolution. A two part resolution was proposed in United Nations, but it was totally rejected by Pakistan. Pakistan did not accept to withdraw its army from disputed Jammu and Kashmir, although India was ready to reduce its Army from disputed region for fair plebiscite.

Pakistan made a propaganda that King of Jammu and Kashmir Mr. Hari Singh had no authority and right for accession with India. King Mr. Hari Singh already merged Jammu and Kashmir into India, that is why Indian Army entered in Jammu and Kashmir to defend Jammu and Kashmir as per its own country. It was not accepted by Pakistan Authority. UN Mediators once again tried to resolve this issue, but all in vein. India also assured Pakistan if Pakistan Army would withdraw from there, India also reduced its Army so that Plebiscite could take place.

After failing United Nations Commission for India and Pakistan, United Nations gave its responsibility to Sir Owen Dixen for resolution. Sir Owen Dixen offered DIXON PLAN for both Nations. Dixon agreed this fact that People of Jammu and Laddakh would go with India and Kashmir Valley including Gilgit - Balistan area would prefer to Pakistan. Mr. Dixen wanted region - wise plebiscite for whole State. This proposal was rejected by Pakistan after saying that India would not accept this proposal because India wanted whole Jammu and Kashmir state as per accession to India.

After that, Sir Owen Dixon that People of Jammu and Kashmir were not decisive when both nations army were present there. So Mr. Dixon pressured India to vacate Jammu and Kashmir and was ready its administration to give Sheikh Abdullah. Then a plebiscite could be done when both army would not be present. But this proposal was rejected by India saying Indian Army would present in Jammu and Kashmir for security reason if Pakistan Army would be there. After that, Mr. Dixon had been ready to vacate Pakistan Troops also. But it was not accepted by Pakistan Authority.

ARTICLE 370 & ARTICLE 35A

Article 370 of the Indian Constitution provided special status to Jammu and Kashmir. It was allowed a separate constitution along with separate flag and autonomy on the internal administration of the state Jammu and Kashmir. Constitution was to be constructed by State’s Constituent Assembly. This article was drafted in 21st part of the constitution as temporary, transitional and special. When constituent assembly of Jammu and Kashmir was constructed, took over all the internal administration except defence and foreign issues.

The Constituent Assembly recommended that the articles of the Indian Constitution should be applied to the state or to annul the Article 370 altogether. After discussing with Jammu and Kashmir’s Constituent Assembly in 1954, President of India issued an order that articles of Indian Constitution would apply to the state, when Constituent Assembly of Jammu and Kashmir dissolved itself with scrapping of Article 370. But Constituent Assembly dissolved itself in 1957 without scrapping of Article 370 and it had been a permanent feature of the Indian Constitution.

This article along with Article 35A, provided that the Jammu and Kashmir state’s natives would live under a separate sets of laws like citizenship, (Dual Citizenship as Indian and Kashmiri) ownership of property and fundamental rights. As result of this provision, Indian Citizens from other states could not purchase land or property in Jammu and Kashmir.

DOGRA AGITATION

In 1949, an agitation took place in Jammu and Kashmir. This agitation was done by Hindu Community. Jammu Praja Parishad started a movement against Jammu and Kashmir Authority for neglecting other community’s interest in the state. President of Jammu Praja Parishad Mr. Prem Nath Dogra led this movement. Administration of Jammu and Kashmir along with Central Government supressed this movement and arrested Prem Nath Dogra and his followers. After arresting Prem Nath Dogra, Mr. Sheikh Abdullah started Land Reforms. It was called that this reform “Landed Estates Abolition Act” would be very fruitful for the state. Mr. Prem Nath Dogra opposed it. Mr. Dogra said that it was against the Indian Constitution rights for implementing land acquisition without compensation. Jammu Praja Parishad supported with full integrity with rest of other indian states. National Conference Chief Mr. Sheikh Abdullah demanded a complete and separate autonomy for Jammu and Kashmir. In 1952, students connected themselves in this movement. Mr. Jawahar Lal Nehru sent Indian Army to supress this movement only for personal interest of Sheikh Abdullah. 72 hours curfew was imposed and a lot of leaders and students were arrested.

Mr. Jawahar Lal Nehru invited National Conference Chief Mr. Sheikh Abdullah for agreement. It was called “1952 Delhi Agreement”. As per this agreement, Kingship in Jammu and Kashmir had been finished and adopted Sadra – I – Riyasat (like Governer) and Prime Minister designation to Jammu and Kashmir. Jammu Praja Parishad once again opposed designation for Prime Minister of Jammu and Kashmir (Sadra – I – Riyasat and Prime Minister designation was abolished into State Governor and Chief Minister by Former Prime Minister Mr. Lal Bahadur Shastri after death of Mr. Jawahar Lal Nehru).

SACRIFICE OF JAN SANGH PRESIDENT SHYAMA PRASAD MUKHARJEE & OUTCOME

Jammu Praja Parishad accused Mr. Sheikh Abdullah for favouring Muslim Community. The Jan Sangh, The Hindu Mahasabha and The Ram Rajya Parishad also supported Mr. Prem Nath Dogra and his organization Jammu Praja Parishad. They agitated in Delhi to reverse “1952 Delhi Agreement”. In may 1953, Founder of Jan Sangh (Now BJP) Mr. Shyama Prasad Mukherjee made a truce to enter in Jammu and Kashmir but it was prohibited. Whoever wanted to come in Jammu and Kashmir, first permission would be allowed by Jammu and Kashmir Government. Mr. Shyama Prasad Mukherjee entered in Jammu and Kashmir citing his rights as an indian citizen to visit any part of country. Mr. Mukharjee was arrested and almost 10000 activists were imprisoned in Jammu and Kashmir, Punjab and Delhi. Many of them were Member of Parliament. Unfortunately Mr. Shyama Prasad Mukharjee was died on 23rd June, 1953. Prime Minister of Jammu and Kashmir Mr. Sheikh Abdullah became upset and started to give threat to Indian Government that he would merge Jammu and Kashmir into Pakistan. Officially he joined hands with United States of America to conspire with Pakistan against India. The then Prime Minister of India Mr. Jawahar Lal Nehru’s dream for referendum on Jammu and Kashmir had been shattered by his friend Mr. Sheikh Abdullah.

At last, on 8th August, 1953 Mr. Sheikh Abdullah was dismissed as Prime Minister of Jammu and Kashmir by Sadr – I – Riyasat Mr. Karn Singh (Son of King of Jammu and Kashmir Mr. Hari Singh).  Mr. Sheikh Abdullah was arrested and imprisoned. Mr. Bakshi Ghulam Mohammad was appointed as the new Prime Minister of Jammu and Kashmir.

FAILURE OF FORMER PRIME MINISTER Mr. JAWAHAR LAL NEHRU

Mr. Jawahar Lal Nehru was totally failure in his Kashmir policy. Merger of all Princely State was done by The Then Home Minister Mr. Sardar Vallabh Bhai Patel except Jammu and Kahmir. This Princely State was look after by Mr. Jawahar Lal Nehru. There were three blunders done by Nehru Jee:-

TO GO TO UNITED NATIONS:

Nehru Jee made Jammu and Kashmir as an international issue after ringing bell to United Nations. It was totally bilateral issue. After long time, this stance was changed and not accepted resolution from United Nations.

DESIGNATION OF PRIME MINISTER OF JAMMU AND KASHMIR:

Nehru Jee should have never been designated Prime Minister of Jammu and Kashmir. It gave a separate state policy for Kashmiri People. Although it was revoked by Former Prime Minister Mr. Lal Bahadur Shastri.

SPECIAL STATUS FOR JAMMU AND KASHMIR:

Nehru Jee provided special status to Jammu and Kashmir with  Article 370 and Article 35A. This step was cut out Jammu and Kashmir from rest of India.

CONCLUSION

Whatever National Conference President Mr. Sheikh Abdullah wanted, Nehru Jee gave all to him. Mr. Nehru did not provide such things like Article 370 & Article 35A, Designation of Prime Minister, etc to People of Jammu and Kashmir, but only for Sheikh Abdullah. It must be found out what reason was. If Sardar Patel would handle Kashmir issue like Princely State Junagarh and Hyderabad, Jammu and Kashmir would not be a graveyard for Jan Sangh President Mr. Shyama Prasad Mukharjee and other Nationalist Leaders along with Military Personnel’s. Once Sardar Patel suggested Nehru for dwelling people in Jammu and Kashmir who came from Pakistan after partition of India & Pakistan, but Nehru did not agree saying “If it  happens so, Kashmiriyat would be finished.”

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Awesome information.👍 After reading 1st part,I am desperate for 2nd part....

Samidha Mishra

behatarin jankari

prem