news details |
|
|
| Dr B R Ambedkar, Article 370 and Reservation in Jammu and Kashmir State | | | Er. H.R Phonsa | 2/19/2013 12:16:36 AM |
|
In the final draft nearly 7635 amendments were moved out of which 2473 were replied. The total xpenditure on framing the Constitution was worked out officially to be Rupees 63,96,729.
In the draft constitution Article 306 provided for some temporary provisions to frame laws in respect of certain matters falling in the state list for the first 5 years as it they were in the concurrent list. In the article 306 sub clauses (A) and (B) were made during draft Constitution discussions .These 306(A)and 306(B) were again re-drafted as 370 and 371 in the final Draft of the Constitution. During the drafting of the Constitution between 30th August 1947 to 26th Nov, 1949 many other things were reeling under compelling circumstances. Although India gained independence on 15th August, 1947 and the rulers of princely states were given three options to decide their future. They were given the choice either to merge with India or Pakistan or to remain independent. Some rulers like Hyderabad, Junagadh (now in Gujarat) and J&K were hoodwinking to join any of the two sovereign countries created by the partition meeting fully the spirit of the partition norms. For Hyderabad police action was taken. The J&K Maharaja Hari Singh also did not exercise his option of joining any of the two domains and was thinking to remain independent by maintaining cordial relations through treaties with both domains being his neigh-borers. He even had written to both the Domains to enter a stand still agreement. Pakistan had even conveyed its agreement to Maharaja's proposal but also started creating strangulation of supplies like food salt and petrol to J&K state. Also in plain cloths but with modern weapons rajakars (armed invaders) aided by the Pakistan regular forces started infiltration from across the border. This coupled with other political development made the Maharaja Hari Singh to sign the Instrument of Accession on October 26th,1949 (72 days after his given choice to sign it or not) in respect of only three subjects - defence, foreign affairs and communications. This Instrument was accepted next day by Lord Mountbatten the Governor-General of India. The Maharaja made an Order on October 30, 1947 appointing Sheikh Abdullah the Head of the Emergency Administration, replacing it, on March 5, 1948, with an Interim Government with the Sheikh Mohd. Abdullah as Prime Minister. It was enjoined to convene a National Assembly "to frame a Constitution" for the State.
Indian troops started landing in Srinagar and other locations to repel the armed invaders. A complaint was also lodged in the UNO Security Council to this effect which resulted in cease fire between India and Pakistan forces on 27th July 1949.
A large number of Indian States were represented in the Indian Constituent Assembly and though it was conceived that the States would have separate Constitutions for their internal administration, but the idea of a separate Constitutions with such provision had no place in a democratic set-up as this arrangement could create more problems than serving as solution for united India. So, the Rulers and Raj Pramukhs had issued Proclamations making the Constitution of India operative in their States too well before 26th November 1949 the date of adoption of the final Draft Constitution Of India.
The State of J&K was represented in the National Level Constituent Assembly by four members namely Sheikh Mohd. Abdulla, Mirza MA Beg,Maulana MS Masudi,and Moti Lal Bigra. However the joint photograph of all members of National Constitution Assembly also carries photograph of Bhagat Chhajju Ram showing him sitting in the front row..
The Para (7) of the Instrument Of Accession which reads as " Nothing in this instrument shall be deemed to commit me in any way to acceptance of any future Constitution of India or to fetter mydiscretion to enter into arrangements with the government of India under any such future constitution". It was exploited by the Kashmiri leaders by thinking in terms of autonomy of the State with separate Constitution. Some Indian leaders including Pt. Jawahar Lal Nehru were thinking favorably to wards Kashmiri leaders as they had rejected the two Nation theory of dividing British India and put their lot with India despite the fact that Kashmir had majority Muslim population. In the prevailing circumstances it was though to make certain temporary provisions in respect of J&K State in the Indian Constitution. During discussion by Sheikh Sahib with Pt. Jawaharlal Nehru on the subject. Pandit Ji suggested to Sheikh Mohd. Abdulla to discuss it first with Dr Ambedkar the Chief Architect of the Constitutuition making. Since Dr Ambedkar had the conviction of mind that when deciding destinies of nations ,personnel dignities of people, parties or leaders ought to count for nothing. He was against hero worship particularly in politics. He maintained it during all his life. When Sheikh Sahib came to discuss the proposal with Dr. Ambedkar,he plainly refused to toe with the line of thinking of Sheikh Sahib and Pt. Jawaharlal Nehru in the National interests.
Professor Balraj Madhok as reported in the Deepavali Special issue of 'Organiser' November14, 2004, on the basis of his talk with Dr Ambedkar on this topic. Dr Ambedkar told Sheikh Sahib"Mr. Abdullah, you want that India should defend Kashmir, India should develop Kashmir and Kashmiri 's should have equal rights as the citizens of India, but you don't want India and any citizen of India to have any rights in Kashmir. I am the Law minister of India. I cannot betray the interest of my country."
Upon this Pt Nehru asked Gopalaswami Ayyangar Minister with out portfolio in his Cabinet to draft the necessary Legislation and piloted it in the National Constitution Assembly. While piloting the bill Ayyanger is reported to have said "Till India became a Republic, the relationship of all the States with the Government of India was based on the Instrument of Accession. In the case of other Indian States, the Instruments of Accession will be a thing of the past in the new Constitution; the States have been integrated with the Federal Republic in such a manner that they do not have to accede or execute a document of accession for becoming units of the Republic. It would not be so in the case of Kashmir since that particular State is not yet ripe for this kind of integration due to special conditions prevailing in Kashmir. In the first place there has been a war going on within the limits of Jammu and Kashmir State - part of the State is still in the hands of the enemies, and in the second place, the Government of India has committed themselves to the people of Kashmir in certain respects. They have committed themselves to the position that an opportunity will be given to the people of the State to decide for themselves the nature of their Constitution".
This legislation was numbered 306-A and was passed with out any further amendments in it. It was virtually a decision of Pt Jawaharlal Nehru with the reported support of Moulana Azad another Cabinet Minister . Even Home Minister Patel the Iron man of India had his reservations but he did not like to oppose the Prime Minister, taking the Art.306-A as his child. According to the speech made by Dr. Shyama Prasad Mookerjee at Kanpur on 29th December 1952 Ayyangar had made a statement in the Constituent Assembly that in order to keep the door open for the day when Jammu & Kashmir State would merge with India and fully accept the Constitution of India, he had labeled Article 370 as a 'Temporary' provision. But discussions in support and to against Art. 370 are continuing since then.
During the second revision of the draft Constitution ,the National Assembly for Constitution had a break of 15 days in September 1949 when Dr Ambedkar spent a few days at Srinagar Kashmir to have little rest. Surely he might have met some people there to assess the impact of the new developments in the country then . He is reported to have reached back Delhi on October 3, 1949.
Owing to his differences with Congress and Pt Jawaharlal Nehru for backing out of promise to get passed Hindu Code Bill as drafted by Dr Ambedkar on the intensions of the Prime Minister, he tendered his resigned from the Union Minister as Law on 28th September 1951. The Modern Manu sacrificed his Cabinet Minister's post for the cause of women of India, who were treated even worst than untouchables. While resigning Dr Ambedkar sighted five sounding reasons for doing so . In the third reason he wrote that the Congress 's Kashmir policy was wrong. He said that Hindu and Buddhist part of Kashmir be made part of India and Muslim dominated part be given to Pakistan. He also suggested to have a strong Indian centric Forign Policy, which India was lacking.
The concessions Maharaja Hari Singh granted concessions to the Scheduled Caste in 1931 were after attending the Round Table Conference where Dr.Baba Sahib Ambedkar's speeches had shaken the conscious of right thinking Indians and British.Dr Ambedkar when explained the plight of 20% of Hindu Population in India even worst than animals and repitiles.Maharaja Hari Singh granted permission to allow use of public wells and tanks to the Scheduled Castes. He ordered opening of temple doors to them. He accorded sanctions to give scholarships to their school going children. He nominated Sh. Jagat Ram Arayan and Bhagat Mangat Ram, two SC members to Praja Sabha and ordered not to discriminate any SC on the basis of their low caste tags. The Untouchable students were allowed to attend class room cases along with the other high caste students.
Dr Ambedkar a democrat to the core was a great visionary. He never supported the Art.370.The state of Jammu and Kashmir State Governments by banking on the support of Art. 370 have made selective application of the Laws passed by the Parliament. It has created more problems than solving them. The reforms carried by Sheikh Sahib in "abolishing Big Landed Properties, abolishing Baniya money lending traps" were taken much before this article came into application. There after his political heirs has only diluted those revolutionary provisions.
The worst suffers of the selective application of rules passed by the Parliament in J&K are the poor Reserved Categories people such as Scheduled Castes, Scheduled Tribes and OBC's particularly in matter of Reservation in recruitments and promotions. These rules came into force in Union of India except in J&K even before Indian independence. A number of hunger strikes,dharnas,agitations,resolutions by scheduled caste peoples have failed to get their rightful share in services or promotions. Even Bhagat Amar Nath Laid his life for the denied rights of the SC's in the state. The first government SRO in 1971 was issued 25 years after India got independence. This has now been given the shape of an act after lapse of another 35 years. But practically against 8% fixed quota in services has not crossed even 4% mark. Recently nearly a lakh of recruitments were made in different department under the garb of Rehbere Talim and other such flimsy names throwing share of Reservation claims of SC's to winds. Even in the matters of nominations in the Legislative Councils from 1952-1996, out of 172 nominations only 6 were members of SC's. In the Indian Parliament from 1952-1998 as many as 78 MP's ( RS30 &LS48) were elected or nominated but none from the SC's. Since 1952 not even a single person belonging to SC communities have seen the Parliament from with in as its member. Host of Govt. department including Education universities being run on the Government funds do not bother to give practical effects to the reservation rules. These universities have either H.E. the Governor of the State or the Chief Minister as Vice Chancellor. If they are helpless or unmindful to the grave injustice to the poor SC,ST, OBC persons then one does not know ,where to appeal for justice. These anomalies would have been avoided had the opposition to Art.370 by Bharat Ratana Baba Sahib Bhimrao Ambedkar been acceded to by then political masters. The integration of minds not of words matters which is lacking. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
