In Conclusion:
1. The accession of J&K to India is irrevocable.
2. The temporary provision of Article 370 has become permanent and prevented integration of J&K with the rest of India.
3. The Constitutional Order of 1954 has ensured that every amendment made in our Constitution by Parliament needs ‘concurrence’ of the State Government and many laws are not or partially applicable to J&K.
4. The definition of Permanent Resident in J&K is restrictive, discriminatory and violates the basic structure of our Constitution. It has divided the State’s population into two, Indians citizens who are permanent resident of J&K and those who are not.
5. The basis for allocation of Assembly seats between Kashmir, Jammu and Ladakh regions is not explainable, be it in 1951 or post the last Delimitation Commission.
6. The disproportionate increase in the population and number of voters in Kashmir Valley smacks of manipulation.
7. Women in the state do not have equal rights as those in the rest of India.
8. Minorities do not have rights as in other parts of India.
9. Jammu and Ladakh regions are discriminated against by the Valley dominated State Government.
10. The State cannot survive without Centre’s financial support.
Q. If there is a solution to Kashmir, Pakistan would not be satisfied?
A. Excerpts from interview with South Asian political and military affairs expert Christine Fair's recent study on the Pakistan Army (Times of India 27/7/14), ‘Pakistan is actually an ideological state. The Kashmir issue is not causal, it's symptomatic. Pakistan is not a security seeking state in which we can satisfy their insecurities. The goal is simply to exhibit to India that India cannot exert its will in the neighborhood. If there were to be any kind of negotiation on Kashmir that gives up any inch of territory, it's not going to fix the situation’. (Read more) http://timesofindia.indiatimes.com/home/stoi/all-that-matters/For-Pakistan-defeat-is-that-moment-when-it-can-no-longer-resist-India/articleshow/39083550.cms
Those who like to understand the Pakistani mind should read Dr B R Ambedkar’s masterpiece ‘Thoughts on Pakistan’. It is as relevant today as it was when written in 1941. (Read excerpts here) http://www.esamskriti.com/essay-chapters/Thoughts-on-Pakistan-by-Dr-Ambedkar-1.aspx
One way of letting Article 370 exist is to restrict it to Kashmir Valley; make Jammu a separate State and Ladakh a Union Territory. This will satisfy the aspirations of people in these two regions who complain of step-motherly treatment and domination by the Valley dominated state government. It is worth mentioning that J&K was created by the unification of the ethnically, culturally and linguistically separate regional identities of Jammu, Kashmir and the frontier divisions of Ladakh and Baltistan.
Some intellectuals and residents of Valley say that dividing a state on religious lines would result in polarization. One, consequent to the manner in which Kashmiri Hindus were forced to leave the Valley in 1990, the polarization is complete. Two, both Jammu and Ladakh regions have a large number of Muslims so where is the question of division on religious lines? Three, if Christian majority states of Nagaland and Mizoram could be carved out of Assam why not J&K?
Those in the strategic affairs community and the Judiciary must reflect on how the strategy of keeping India on the edge by ensuring that J&K remains dominated by a separatist agenda has, since 1947, worked to the advantage of the nation’s opponents, within and outside India. For how long will the political class be on the defensive and display lack of political will?
The national debate should be – have the people of J&K benefitted by a separate Constitution and how long are the people of India willing to spend tax-payer’s money on a State that even, 64 years later, wants to enjoy the benefits of being part of India but still have its own Constitution?
The author is a Chartered Accountant and independent columnist. The article is based on inputs from Arvind Lavakare’s The Truth behind Article 370 and Daya Sagar’s History of Delimitation in J&K.
References
1 The Constitution of Jammu and Kashmir Its Development and Comments. Third Edition 1998 by Justice A S Anand pg 3,4,5,6,9,11,13,14,18,19,20,29.
2 History of Delimitation in J&K by Daya Sagar pg 22, 23.
3 The Truth behind Article 370 by Arvind Lavakare pg 8, 10.
4 Patel A Life by Rajmohan Gandhi pg 3.
5 My Frozen Turbulence in Kashmir by Jagmohan pg 13.
6 Article 370 by M K Teng pg 8.
7 Kashmir Crisis Unholy Anglo-Pak axis by Saroja Sundarajan pg 4.
8 Jammu and Kashmir War, 1947-1948: Political and Military Perspective’ by Kuldip Singh Bajwa pg 4.
9 Kashmir and It's People: Studies in the Evolution of Kashmiri Society by M K Kaw pg 4.
10 Solution to J&K problem lies in New Delhi by Lt Gen N S Malik pg 6, 7,9,16. http://www.indiandefencereview.com/news/solution-to-j-k-problem-lies-in-new-delhi/.
11Defending India by Jaswant Singh pg 10.
First published Click here to view
Also read -
1. What did the Kashmiri Pandits go through in 1990? To hear in their own words
2. Arms seized from Kashmiri Militants – displayed by the Indian Army at an exhibition organised in 1998 at Veer Savarkar Memorial, Shivaji Park Mumbai.
3. How many died during the Kashmiri Terrorist Movement
4. History of Jammu and Kashmir
5. Monasteries of Ladakh
6. Vaishnudevi Mandir