Harsh Dev Singh
People of J&K woke up on August 5, 2019 only to find that they were no longer residents of a State widely known since decades as a Dogra State the nation over. The BJP govt at the centre moved the Re-organization Bill on the fateful day for division of historic State and its conversion into two UTs. As a consequence, the state of J&K became a Union Territory. Something unseen and unheard in the history and democratic jurisprudence of the country. This great nation had witnessed the progressive posturing of successive central govts of the country in the past honouring the peoples’ aspirations for promotion and advancement and up-gradation of the existing administrative units to higher levels. Downgrading of state was, as such, an unprecedented act of retrogression, of degeneration. But then J&K is known to have been used as a workshop, a laboratory to conduct experiments. It therefore happened for the first time that a state was dismantled, downgraded and consequently converted into a UT. The people were taken aback. The decision was full of shock and offence. Something totally unexpected. The intelligentia, the civil society, the saner elements retaliated. Whose demand was it and whose interest was proposed to be served by reducing the state in rank? The people questioned. There was however none to respond. Questions are hardly entertained in saffron rule. A govt which believes in one way communication and monologues. And though the saffron may not be the colour of your choice but when it speaks you have to listen. To listen and to abide. There is not to make reply, there is not to reason why. There is but to accept what is dictated as per new concept of democracy enunciated in the BJP rule.
It’s not that the people did not raise their voice against the ill conceived, retrograde move of the BJP led govt. For, who on this earth would be happy on his demotion? Except of course those termed as “Andh-bhakts” in common parlance. The political parties and others opposed the move. Some vociferously and vigorously while others feebly. Obviously, it is difficult for all to confront BJP howsoever devious or sinister its designs may be. And therefore many heads were made to bow before its decision. Not because of acceptability for its policies but out of fear and panic. My way or the Highway. This has been the signature slogan of the saffron regime which has to be followed by all with respect to its policies. All those who had the temerity to question the highly retrograde and most abhorrable move of demoting the state were not only treated with derision and contempt but hammered through the iron fist of Police. The author too remained under houses arrest for 58 days for opposing the demotion of the state to UT with the entire govt machinery trying to crush all other critical voices at the instance of the power intoxicated rulers.
When the state was converted into UT, the govt tried to pacify the people by saying that it was a temporary phase and that statehood would ‘soon’ and ‘shortly’ be restored. Only God knows what is the length of this ‘soon’ and ‘shortly’. For the govt is now organising an iconic week to commemorate the conversion of state into UT which actually materialized on October 31, 2019. It further baffles the mind on seeing the BJP leadership in a celebration mode over the downgrading of the historic princely state. It was further astonishing, rather ludicrous to find the cheer leaders of BJP indulging in drum beating and rejoicing the demotion of 200 year old Dogra State.
The conversion of state to UT has adversely affected the interests of J&K and its people besides creating a feeling of having been belittled and demoted. It has further debilitated and weakened democracy. In a UT, the elected members of legislative lose most of the powers that are conferred upon regular members of a state legislature. While the new arrangement in the UT would witness disempowerment of the MLAs and Ministers to a great extent, the union govt and its nominated functionaries would have an enhanced role in the affairs of the new set up. This means giving precedence to outside bureaucrats over legitimate local elected representatives. Not only the role of political executive in the affairs of state would get diminished in the new UT, but the legislative powers of the legislators would also be prejudicially affected. To illustrate the point, a bill passed by state legislature can be returned once by the Governor for re-consideration of the legislators and if it is again passed by them in the same form, the Governor can’t decline assent to the bill. In a Union Territory, however, the Lt. Governor is empowered not only to propose amendments but can decline to give approval to the bill and send any bill to the President of India for his consideration. Further there are certain bills which have necessarily to be presented to the President of India for his assent and approval. The law making powers of the elected representatives therefore also become subjective and restrictive in a UT.
Making the political executive subservient to bureaucracy was most likely to prove counterproductive besides adversely impacting the administrative functioning in a political system. It is an antithesis to the very spirit of democracy. The MLAs, Ministers and the Chief Minister would lose not only in terms of powers but in position and stature as well with several constitutional authorities and bureaucrats attaining positions higher than them in the administrative hierarchy as enunciated in the warrant of precedence. Keeping the political executive at a lower level vis a vis the bureaucracy and other constitutional functionaries was against the essence and spirit of democracy and could have adverse fallouts. The state of J&K was earlier an independent state with a Maharaja. It was followed by a Prime Minister and Sadar-e-Riyasat for the state which eventually made way for CM and Governor. And now with a lame CM’s post and Lt. Governor to take over, it had got reduced to a glorified municipality.
While abrogation of Art 370 and allied provisions could be a part of BJP’s election manifesto, the downgrading of a 200 year old Dogra state was an absurd act of histrionics which could not be justified by any stretch of imagination. Such a move had not only lowered the morale of the people of Jammu region but caused huge disenchantment in their hearts and minds. At the cost of repetition, it may be asserted that J&K was the only Dogra State in the country which was conceptualized and created by Dogra rulers with countless sacrifices made by the warrior clan. History bears the testimony that J&K State was acceded to Union of India in 1947 which was only due to the historic decision taken by then Maharaja Hari Singh despite all pressures. The demotion of the state to the level of Union Territory was therefore not only unprecedented in the history but amounted to huge disparagement of the patriotic Dogras of Jammu region.
Not only has the state of J&K been cut to size but its economy has also plunged into a deep abyss. It has witnessed a massive slow down with development taking a back seat and growing unemployment having become more pronounced. The trade and tourism have also been badly impacted with a fast dissipating economy and stalled development being the only notable features of the new administrative set up. The saner elements in the system and all political parties irrespective of political ideology, therefore, need to take the call. The August 5, 2019 decision pertaining to downgrading of historic Dogra State of J&K to UT level needs to be reversed. Do you endorse?
(The writer is Former Education Minister & Chairman J&K National Panthers Party)
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