This refers to Dr. Nyla Ali Khan’s article ‘Evaluating INC'(GK 3rd June 2019), with regard to unitary concept of nationalism. That thenational political parties have subscribed to the challenges of basic principleof democracy is partially true. Indian constitution is basically unitary in character with littlefederal touch. We have three lists, such as central, concurrent and state list.On the central list only the parliament makes the legislation and on the statelist, the state legislature is empowered to pass the law where as both centreas well as state make laws on the concurrent list. Therefore it is not the political organizations orparties who are responsible for making our system of democracy as unitary incharacter but it is the father of the constitution who has made it like thatwhile framing the draft of constitutionafter proper thought.
I do not agree withthe author’s views blaming only Jawahar lal Nehru for “financial and fiscal integration of thestate and making Supreme court as the undisputed arbiter in J&K and theapplication of the fundamental rights that the Indian constitution guaranteedto its citizens to the populace of J&K as well but with stipulation” Shein other words makes INC responsible forweakening the Article 370. Actually it is not the national political partiesalone but our state mainstream leaders particularly from Kashmir who are wholly and solely responsible for makingArticle 370, which used to give us themaximum autonomy, an empty shell. G.M. Sadiq tops the list of state leaders whoapplied central laws and jurisdiction of Supreme Court through the statelegislature by making amendments in the J&K constitution. But it is also ahard fact that democracy in J&K has never been allowed or promoted to growits roots, right from the formation of state constituent Assembly.
The members of state constituent assembly were nominated andnot elected when SMA headed the state government as PM. And even when G.M.Bakshi took the reigns after SMA was arrested, the democracy suffered to thehilt. It was during that period that the Dy. Commissioner of district wouldplay a decisive role in selecting the MLA’s by rejecting the nomination papersof other opposite candidates on one pretext or other. Even some legislators wouldbe known as Khaliq made MLAs. During Sadiq Saeb’s time the situation did notimprove but even got worsened. It is a historical fact that once Mir Qasim wentto Delhi along with some MLA’S to meet P.M of time Mrs. Indira Gandhi andrequested her to change C.M of the time G.M. Sadiq as he had lost theconfidence of the majority of MLAs. The PM rebuffed Mir Qasim and said that sheknows how MLAs of JK assembly are elected and turned down his request. He returned to Kashmir disappointed. After socalled 1975 accord, SMA was appointed as CM by Indira Gandhi, with the supportof MLA’s of Congress party. There is no doubt that the 1977 and 1983 electionswere fairly conducted. The mainstream political leaders are themselvesresponsible for weakening the structure of democracy as they all want to occupythe CM’s chair by hook or crook. Take the example of G.M Shah, he with fewMLA’s of NC formed the government with the support of congress by dislodgingthe duly elected government of Dr. Farooq Abdullah unconstitutionally.
The rigging of fewseats in 1987 elections destroyed the basic fabric of the democratic set up in Kashmir. After 1990,the fate of democracy is well known and how with small percentage of votes, thesuccessful candidates for parliament or state legislative assembly are electedis no secret. This also puts a question mark on the very basic principle ofmajoritarian rule in democracy by thepeople. In Kashmir the democracy has never thrived and also the governance hasfailed due to inefficient handling and rampant corruption in administration.All the state political parties have been harping only on the slogan of protecting the Article 370 which has remainednothing but an empty shell. It is better not to blame centre and the governorbut ourselves and our leaders. The democracy has no doubt been strengtheningand flourishing day by day in other parts of J&K state like all districtsof Jammu province and Ladakh division.
The INC is not alone to be blamed but has always beensupported by the National Conference in dismantling the very structure of thedemocratic set up whether it is 1985 or 1987. In recently concluded Parliamentelections, the NC and INC fought the elections on common platform, having madeseat adjustments in Srinagar and Jammu parliament constituencies. In Kargilboth NC and PDP had common candidate for Ladakh constituency. It will be better if the national partiestake measures to further strengthen the unitary system of democratic setup so that very less scope is left forstate political leader to siphon the federal funds and play with emotions ofinnocent people of Kashmir.
Abdul Rashid Khan (IPS) is a former IGP