Everything you wanted to know about the Kashmir problem ixty-seven years after Jammu & Kashmir joined the Indian Union, all issues about S the state have got clouded in claims and counter-claims. This ebook is intended to put the facts in some perspective. -Sanjeev Nayyar 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 n 26 October 1947, the princely state *Nehru chose to go to the UN on 1 January 1948 of Jammu & Kashmir formally became on the Pakistani/Pathan aggression. O a part of the Indian Union. Pakistan never accepted the decision of Maharaja Hari *Resolutions adopted by UN Commission for Singh, who was legally empowered to sign the India and Pakistan on 13 August 1948 and 5 instrument of accession, as final. It has repeat- January 1949 provide for a plebiscite after the edly tried to use force and terrorism to change withdrawal of troops from Pakistan. the status quo, in the process muddying the issue. *The regent of J&K, Yuvraj Karan Singh, is- sued a proclamation on 25 November 1949 that Even today, whenever the issues of J&K’s acces- legally declared total oneness with the Constitu- sion to India and article 370 – which gives J&K tion of India. special status - are raised, emotions run high. Information is cherry picked, arguments are *Article 370, which gave J&K the right not to aggressive and thus, a meaningful discussion implement certain laws passed by parliament, becomes impossible. became a part of the Indian Constitution in 1950. This ebook on J&K seeks to provoke thought and does not claim to be the last word on the *Elections to the Constituent Assembly held in subject. However, it does try to be comprehen- 1951 resulted in Sheikh Abdullah becaming PM sive, covering the following aspects: the finality of the Indian state of J&K. of the accession of J&K, the geopolitical issues of 1947, the pros and cons of article 370, Sheikh *Sheikh Abdullah was arrested in 1953. Abdullah’s arrest in 1953, who is a permanent *The Kashmir Constituent Assembly confirmed resident of J&K, why refugees can vote in the the legality of the state’s accession to India in Lok Sabha but not in state polls, J&K’s popu- 1954. lation and delimitation of constituencies, the lopsided development of the state and state *The State’s Constitution came into force on 26 finances. We end up with a picture of J&K as a January 1957. pampered brat. For easy reading this essay is split into 10 parts. The J&K issue is a chakravyuh – which is an The matter covered in each part is given below. advanced battle formation. During the Mahab- This includes answers to commonly asked ques- harata war, the Kauravas decided to capture tions on J&K. Yudhishtir, the oldest of the Ppandava brothers, by engaging the Pandavas with a chakravyuh. The first part answers the following ques- Arjuna’s son Abhimanyu knew how to get into tions: Can Maharaja Hari Singh be accused this formation, but not out. He lost his life as of procrastinating on whether to join India or a result. Successive governments in India have Pakistan? Why has India not held a plebiscite not been able to get out of the chakravyuh cre- in J&K? Did the British provide tacit support ated by Jawaharlal Nehru in J&K. to Pakistan in Pakistan-occupied J&K (POJK)/ First, a brief chronology of key events in J&K Gilgit/Baltistan? Why was J&K important to since independence. Pakistan? What is the importance of Aksai Chin (a part of undivided J&K) to China? Can the Ac- *5,000 Pathan tribesmen invaded J&K starting cession of J&K to India be reversed? 21 October 1947. Part two focuses on anwers to questions *Instrument of Accession (hereafter referred to on article 370: Was J&K the only state to as IoA) was signed on 26 October 1947. draft its own Constitution? Was Article 370 promised at the time of the signing of the IoA? *The IoA was unconditionally accepted by Lord If Article 370 is repealed, would J&K cease to Mountbatten the next day. be a part of India, as the National Conference and some separatist groups are claiming today? Could Nehru have forced the state to merge Part five talks about the laws which are with the Constitution of India like the other not applicable in J&K. Does Article 370 pre- States? Could Nehru’s government have cleared vent anyone from buying property in the state? J&K of occupation by Pakistan? Is Article 370 a What about women’s rights in J&K! temporary provision? What are the provisions of Article 370 in brief? Is it correct to justify Ar- Part six focuses on who is a Permanent ticle 370 by referring to the exclusive provisions Resident of J&K. What are benefits conferred of Article 371? to Permanent Residents and implications there- of? Part seven talks of the population and delimitation of constituencies. What is the region-wise population since 1951? What are the comparisons of population and census numbers post-2001? Have assembly seats been manipulated to give Kashmir valley control of the legislature? Part eight looks at lopsided development of Jammu and Ladakh. We also ask, why are some separatist leaders against the return of the Pandits to the Valley? Why are Kashmiri Part three seeks to answer questions Pandits reluctant to return to the Valley? It also on the first elections in J&K and Sheikh gives details of how residents of Jammu and Abdullah’s’s arrest in 1953: Was any Cen- Ladakh regions are discriminated against. sus conducted in 1951 before deciding the Part nine talks of the state’s finances. We Electoral Districts? What was the basis for can look at questions like these: is the state of allocating seats between Jammu, Kashmir and J&K discriminated against by the Centre? What Ladakh regions? What were the results of the do the state’s budget numbers for the years 1951 elections? What about the 1952 agreement 2009-10 to 2014-15 suggest? What is the break- and Sheikh Abdullah’s arrest? Why was Sheikh up of Revenue Expenditure for the years 2009- Abdullah arrested along with 25 others in 1953? 10 to 2014-15? What about the new Constitution and the 1957 elections? Part 10 is a summary and conclusion and seeks to answer the question: Is there a so- Part four tells us about the order of 1954. lution to the Jammu & Kashmir, Pakistan would It asks which parts of the Indian Constitution not be satisfied? apply to J&K, and raises an important question on whether Article 35A forms part of the Consti- tution. Accession: Some History The State of J&K had an area of 2,22,236 sq km in 1947. Of this only 46 percent is in India’s pos- session today; the balance is under forceful occupation of Pakistan and China (see table 1). Regions Sq Km* % of 4 % of 8 1.Kashmir Valley 15,948 16 7 2. Jammu Region 26,293 26 12 3.Ladakh Region 59,146 58 27 4.State of Jammu and Kashmir 1,01,387 100 46 5.Pakistan Occupied J&K (Mirzapur, Muzzafarabad 78,114 35 13,297 sq km, Gilgit-Baltistan 64,817sq km) 6.Area ceded by Pakistan to China in 1963. 5,180 2 7.Forceful occupation by China 37,555 17 8.Area covered by Instrument of Accession 2,22,236 100 Table 1: Area ruled by Shriman Indar Mahander Rajrajeshwar Maharajadhiraj Shri Hari Singh Ji Jammu and Kashmir Naresh Tatha Tibet adi Deshadhipathi, Ruler of Jammu and Kashmir (King’s title). * http://www.jammu-kashmir.com/basicfacts/tour/figures_ii.html Prior to partition in 1947, British rule over India come independent. Facing the state’s rulers comprised two separate categories of geographi- on 11 July that year, Lord Mountbatten, the cal regions. One comprised various provinces Viceroy, said: “The Indian Independence Act administered by the Viceroy of India (constitut- releases the states on 15 August from all their ing more than 60 percent of the land area of the obligations to the Crown. The states have com- country referred to as British India). The other plete freedom - technically and legally they are comprised provinces ruled by Maharajas, Princ- independent’. At a meeting held on 25 July es, Nawabs, etc. There were 562 princely states 1947, Mountbatten advised the princes that of which 327 were petty states. All of these were they should accede to one of the two dominions, collectively designated as "Indian States”. For keeping in mind the ‘geographical contiguity these states the British looked after the areas of their states’, while surrendering power over of defence, foreign policy and communications three specified subjects, without any financial while they were allowed governance in internal liability. matters such as law and order, civil liberties, health, education and economic development. By 14 August, most states had signed the instru- The state of J&K was one of them. ment of accession (IoA) – either with Pakistan or India. On 20 February 1947, His Majesty's Govern- ment announced that British India would be- On 12 August the Maharaja of Jammu & Kash- mir proposed a Standstill Agreement with India Q: Why did Nehru dislike the Maharaja? and Pakistan on matters, pending (existing A: Briefly KS Bajwa wrote, “Abdullah launched arrangements to continue) his final decision re- the ‘Quit Kashmir Movement’ against Dogra garding the future of the state.