Sir,
So much has been written on the state of Jammu and Kashmir after August 5, 2019 especially the constitutional aspects. Both for and against. It was debated in Parliament and in newspaper columns about the Constitution of Jammu and Kashmir as passed on 17 November 1956. This came into force on 26 January 1957. But what was the constitution of the State of Jammu and Kashmir till 26 January 1957?
Nobody spoke or wrote about it. The answer was hidden in the archives of your esteemed paper Daily Excelsior. Way back Daily Excelsior issue of 10 April 1994, carried an article “On the eve of Independence Good Intentioned Maharaja comes to grief”. The author was late Om Saraf.
The relevant extracts from otherwise very interesting article are reproduced below:
… On September 7, 1939, i.e., within a week of the German invasion of Poland which triggered off the Second World War, Maharaja promulgated the J&K Constitution Act which marked an important milestone in the constitutional development of J&K. Of course, this fell short of the expectations of both the National Conference and the Muslim Conference two rival political parties, which stood for the establishment of “full-fledged responsible government under the aegis of Maharaja Bahadur”. It was, however, this Constitution that remained in force till January 26, 1957, when the present Constitution which was adopted, by J&K Constituent Assembly on November 17, 1956, came into force.
(Note: This constitution also ceased to exist on 6 August 2019 when Indian Parliament amended Article 370)
Of interest is the passage of Naya Kashmir, it’s adoption and Maharaja’s quick reaction tells about the situation then.
… “Naya Kashmir had been of course adopted duly by the National Conference Working Committee. But it was only after submitting it to the Maharaja that it was passed at the plenary session of the party in Shahi Masjid premise in Srinagar on September 29, 1944 with great enthusiasm, huge gathering standing and thunderous applause – along with a ‘national declaration’ reading “we the people of Jammu and Kashmir, Ladakh, frontier districts and Poonch and Chenani illaqas, known as the people of Jammu and Kashmir in common parlance, pledge ourselves to endorse and support this Constitution with a view to…” Om Saraf, then 22 years old, attended the session as a delegate from Jammu.
The Maharaja could not just shut his eyes towards the important developments taking place at home and abroad. Literally within hours of the adoption of the “New Kashmir” he significantly chose Gandhi Jayanti in 1944 to launch his historic plan of dyarchy “with a view to giving further effect to my policy of associating my subjects – with the administration of the State” the Praja Sabha was called upon “‘to nominate a panel of six (three -Muslims) of its members, three from Jammu and three from Kashmir (including the Frontier districts) – the official members taking no part in the proceedings. Out of the panel so nominated, I shall appoint two (one of whom will be a Muslim) as my Ministers”
Om Saraf very significantly concludes the article thus:
In retrospect it is possible to see how all of us have proved no better than pawns on the chess board of circumstances.
Very true all the times.
Prof. Suresh Chander
Jammu
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