Harsh Dev Singh
The State of J&K created by the dogra rulers and warriors with their countless sacrifices stands dismantled. Not only the status of J&K changed after August 5, 2019 decision but its nomenclature as well. Earlier a State, now a Union Territory. Something unheard and unseen in the history of Independent India. We often talk of promotion and advancement but what we actually got in the name of reformation is demotion. Our constitution provides a specific procedure for creation of new states but nowhere does it provide for conversion of a State into a Union Territory. But then everything is possible in BJP regime. As they say, “Modi hai to Mumkin hai”. No bars, No red lines. Decisions can be taken in the middle of the night and implemented in the wee hours of the morning deliriously unmindful of the public sentiment. After all the people of J&K have to fall in line. For it is the saffron rule. And when saffron speaks you have to listen. Listen and to obey. My way or the Highway. The law of the rulers is very clear.
August 5, 2019 was a fateful day. None was aware of the proposed re-organization of J&K when the bill was suddenly introduced on this day in the Parliament and passed the very same day. Not only the common masses but even the political leadership including parliamentarians were mystified and befuddled by the impromptu introduction of the most significant bill, affecting the destiny of 13 million people of J&K, without any prior notice or information. Its passage was also ensured in the Parliament in the very same speed in which it was introduced. And before the political leadership of J&K could realize what had been done to their state, they were behind the bars. In the winking of an eye, the historical dogra state of J&K was dismantled and reduced to the status of UT.
The transition of state to UT has had its own repercussions. It’s not merely demotion but disempowerment as well. The fallouts are too many to recount. In the first instance the Democratic values would get weakened and debilitated as the elected members, if at all the elections are held in J&K, would lose most of the powers which are usually 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. 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. For instance, 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 anti-thesis 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. Pertinent to note that 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 is being justified in the name of National Interests by BJP, the downgrading of a 200 years old Dogra state was an absurd act of histrionics which could not be justified by any stretch of imagination. It is being termed as a sinister move that has not only lowered the morale of the people of J&K but caused huge disenchantment in their hearts and minds. 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 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 not only unprecedented in the history but amounted to huge disparagement of the patriotic Dogras of Jammu region.
The last few years have etched several creases on our faces. Even a seriously attempted smile fails to deliver the punch that it once carried. Fear psychosis has gripped the incarcerated land of J&K. There is a kind of confusion writ large on the faces of people in general. Is this the realization of something terribly going wrong with the erstwhile state of J&K? Or is this a feeling of guilty conscience for remaining mute spectators in the wake of multiple dents being inflicted upon the very dignity and pride of the people of erstwhile State. Whatever it may be, the situation surely calls for a deep introspection and soul searching by the saner elements, academicians and civil society members. With their role fast squeezing in the socio-politico landscape of the new UT, the political parties except the ruling party too seem to be fast becoming irrelevant in the new set up. Despite having been the oldest state, we are getting demeaned and diminished with each passing day and invariably reduced to a sort of incorporated borough.
Sad but true.
(The writer is Advocate, Former Education Minister & Chairman Aam Aadmi Party J&K State Co-ordination Committee)
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