After the division of British India, Rulers of Princely States were encouraged to accede their States either to India or to Pakistan, taking into account factors such as geographical contiguity and the wishes of their people. The Maharaja of Kashmir delayed his decision in an effort to remain independent. Being a Muslim majority State and adjacent to Pakistan, Kashmir was expected to accede to Pakistan; since the Maharaja acceded instead to India, resulted in a dispute. During the course of time Kashmir was taken to the United Nations and the scenic region was recognized as disputed region, between the two big blocks India and Pakistan. These years saw Kashmiri leaders raising their voice against the accession under the leadership of Sheikh Abdullah. In subsequent years things changed and Sheikh Abdullah took oath as Prime Minister of Kashmir on March 17, 1948. Unfortunately, this joy of new independent Kashmir was short lived; when on August 8, 1953 he was dismissed as Prime Minister by the then Sardr - i - Riyasat Dr. Karan Singh. Sheikh was jailed for eleven years; According to Sheikh Abdullah his dismissal and arrest were engineered by the Central government headed by Prime Minister Nehru. On 8 April 1964 the State Government dropped all charges in the so-called "Kashmir Conspiracy Case". Sheikh Abdullah was released and returned to Srinagar where he was accorded an unprecedented welcome by the people of the valley". By then the State Constituent Assembly ratified the accession of the State to the Union of India on February 6, 1954 and the President of India subsequently issued the Constitution Order under Article 370 of the Indian Constitution extending the Union Constitution to the State with some exceptions and modifications. In February 1975, Sheikh took oath as Chief Minister of Kashmir under the Union of India.

Having said this, Article 370 is something, which is unique to the State of Jammu and Kashmir. It gives more powers to the state as opposed to the other states of India. But how many of us are of the opinion that Article 370 gives more powers to the state. Is it just a document or does it hold any moral practicality in present day Kashmir? Had this Article been respected by the Union of India how would have things been? These are few questions, which strikes our minds now and then. Does this article in true sense give any more power to the State Chief? The present Kashmir’s political scenario reveals that this Article has been stuck somewhere on the shelves of national archives in New Delhi, with a thick layer of dust on it and been waiting since years let some one come and open me.

Any Indian national will refer to this article as something unique to the State of Jammu and Kashmir. Had it been unique would it have made any significant difference to the developments in Jammu and Kashmir? This could be a topic of debate but let us look it from a different perspective. What do Kashmir’s Pro-Indian political leaders feel about it, do they feel that Chief Minister of J&K has some special powers or not, and if he has why is he unable helpless in bring normalcy to Kashmir in present crisis. An honest answer to all this will be NO. The State Law Minister Ali Muhammad Sagar recently said that State has no power in controlling CRPF. Sagar went on to say that CRPF is the main cause of the present unrest, as they open fire now and then on protesters, adding fuel to their anger. Not only Sagar but the young Chief Minister, Who heads the unified command also, said that orders have been passed to security agencies that they should maintain maximum restrain while dealing with the protesters. Now the point is, if any such orders where passed to security agencies? If yes, then what lead to 16 innocent deaths? What is more surprising part of this whole debate is that Rajya Sabha Member of ruling National conference Party in one of the debates on the national TV channel NDTV (Big Fight) on the record said, Chief Minister of Jammu and Kashmir does not have much powers.

Where does this power lie then? The situation reveals that it lies within the hands of Babus in New Delhi who has a list of do’s and do not’s for the young Chief Minister. It would be unfair on my part if I blame the present CM for all this. It has been a strategy of GoI to pass do’s and do not’s to who so ever sits on the host seat, be it Mufti Syed or Dr. Farooq. Aricle 370 which renders the special states to the State, gives more powers to State CM as opposed to other States has been disregarded repeatedly at the hands of both White Babus and Khaki Babus of New Delhi. The only significance, which it holds, is, it becomes an instrument for every Indian Politician, that State achieves a greater freedom. The much vocal Home Minister not only becomes more authoritative than much candid Prime Minister of India but hovers over the mind and head of young CM, forcing him to surrender to his might.

The Article 370, which restricts the jurisdiction of Union of India to three areas; Defense, Foreign Affairs and Communication over the years have been widened by the successive governments in New Delhi. Democracy, which India says it is and the state administration backs is been restricted to Civil Secretariat of Jammu and Kashmir. Democracy may be practiced in and around 10-Janpath but it is not practiced on; the streets of Srinagar, banks of beautiful Dal Lake, nooks of Dardpora, streets of Kunan Poshpora, by lanes of Basant Bagh, compounds of S.K Colony, corners of Bijbehara and so many to count. The morality of State Government has diminished over the years, betrayal and deceit is what common Kashmiris have faced at the hands of successive governments of State. The best was the candid submission of Peoples Democratic Party President, Mehbooba Mufti, when she acknowledged that Political parties have lost their relevance in Kashmir, as we (Political Parties) have not come up with our promises. In such a situation the moral and important duty of the State Administration is to, first gain what they have lost to Union of Indian and then what they owe to their people. The second issue is debatable and I don’t want go into the genesis of that. If the government is for the people let them show the honesty to the people and share and own their sentiments. But the first priority should be to gain what they have lost, so that this prostitution of political power is put to an end, and rebuilt what is at stake.

(Masrook A Dar is from EFL University, Hyderabad. Feedback at masrook@gmail.com)

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