Controversy on Article 370

In the recent times often some political parties especially BJP have raised the issue of Article 370 of Indian constitution under which special protection and privileges have been given to the people of Jammu and Kashmir.The Article370 of Indian Constitution is a law that grants special autonomous status to Jammu andKashmir and it is drafted in Part XXI of the Constitution which relates to Temporary,Transitional and Special Provisions.Now controversy related to this Special Provision for Jammu and Kashmir is nothing new because time and again this issue is raised to create sensationalism in political circle.Those who are unaware of ground reality of the Kashmir issue may imagine that a single stroke is just needed to change historical blunder as they call about Article370 but any constructive and meaningful debate on Article370 requires a separation of myth from reality and facts from fiction.One has to look into the volatile situation of 1947 and criminal design of British government to disintegrate India into various parts so that in the near future their political ambition is fulfilled.The then Governor Mountbatten played a critical and crucial role in the partition of India and also pursuaded Indian leadership to go to the UNO to seek seizefire and to maintain peace in Kashmir.However it proved to be a great blunder on the part of India as it led to internationalisation of Kashmir issue.

The process of Partition of the country was fixed on the religious lines to complicate the issue further and atmosphere at that time never allowed any political thinker to take gross reality into the consideration and their views and ideas fondled and toppled according to the changing situations.As Pakistan was claiming Jammu and Kashmir to be its part and King Hari Singh was not very committal on the issue of accession into Union of India,therefore Nehru and his cabinet decided to make some concessions to both Hari Singh and Sheikh Abdullah and other members from  Jammu and Kashmir in the Constituent Assembly including Mirza  Afzal Beg and Maulana Masoodi.However Sadar Patel was not in favor of any such arrangements in which Jammu and Kashmir was becoming a part of India but not recognizing sone important provisions of Constitution such as Fundamental Rights and Directive Principles of State Policy.But situation was so tricky and volatile that tge government conceded this demand of Sheikh Abdullah that people of Jammu and Kashmir will live under a separate laws relating to Citizenship;Ownership of property and fundamental rights as compared to other Indian citizens.Only matters related to Defence,Foreign Affairs and Communication and Ancillary matters as specified in the Instruments of Accession will be applicable to Jammu and Kashmir

Now the question of Article370 and its implementation must be viewed in regards to historical back ground ,not on myths and fictions which often give a different color to the whole issue.No doubt there was divergent opinion between Nehru and Patel on this matter.Patel wanted a permanent solution to the problem of Jammu&Kashmir but Nehru was in a state of confusion and he did not want to complicate the issue so he appointed V.Ayangar an ICS official to negotiate with Sheikh Abdullah on the issue of merger of Jammu and Kashmir into India.India was facing fire on the two fronts ;from Pakistan which claimed Jammu and Kashmir as its part and internal rebellion from Sheikh Abdullah who wanted independent State of Jammu and Kashmir. Sheikh Abdullah pushed his demand to the extreme that Mr.Ayanger became frustrated and he wrote to Nehru that he is finding it difficult to meet demands of Sheikh Abdullah.At that time Nehru was in US and he rquested Patel to look into the matter.When Patel got Sheikh Abdullah settled then Contituent Assembly members outrightly rejected the proposal to give special treatment to a particular state.Somehow Patel was able to convince the members of the Constituent Assembly on the issue of Article370 and it was approved by it.After that Patel said to his PA you see Nehru will have to cry for what he has done.What we have today is not the whole Kashmir but its large parts are still under control of Pakistan and China.The tragic story of Kashmir is never ending as governments after government failed to take strong stand on this issue and merely created hype about the situation.

Much fiction prevails about autonomous status granted under Article370 as such provisions are also granted to many hilly areas of India including Himachal Pradesh.Furthermore the autonomy enjoyed by Jammu and Kashmir is a shadow if its former self as Ordinance issued by the the President have limited it to a large extent.At the same times many judgments regarding the status of women have clearly removed any doubts that a woman marrying any non Kashmiri will loose her status of permanent citizen.As regards to Iimposition of Article 356,prior approval of the State Assembly is required.There are some complications on the issues like Jammu and Kashmir having its own flag and citizenship laws.Many argue that why are these special privileges given to thisState only.Are they promoting separatist feelings?
The issue of revoking Article370 unilaterally is very complicated and it is not possible as for that we require a new Constituent Assembly of the State however the Parliament has tge power to change this situation and provision.Therefore,time and again the clamoring that the Article 370 should be removed and Jammu&Kashmir should be made a full fledged State of India like all other States may not be wise step rightnow.Historical blunders cannot be solved with another mistake as it will internationalise this issue.Rather slowly we should try to involve people of Jammu&Kashmir in the mainstream and it will weaken the influence of separatist forces .