Wg Cdr Mahesh Chander Sudan
We, the people of India, have witnessed recently electioneering for two Assemblies of Haryana and Jammu and Kashmir for equal number of Legislative seats but with varying status of State and Union Territory. The Election Commission of India and the people of both the federations deserve appreciations for enabling electoral process to complete largely in a fair and free environment and the results are now in public domain for each one of us to analyze and audit the processin the contemporary world. In democracy, mandate to govern public resources is cast through ballot in a constitutionally established method; however participating political parties form Government with majority mandate either singularly or in alliance. In the instant cases, the Governments are likely to be formed possibly by mid of the month. As regards the union territory of Jammu and Kashmir, the elections are held after a gap of ten years and especially after abrogation of Article 370 and 35A that provided special status to the people of Jammu and Kashmir as established through constitutional provisions on accession with Indian Union post-Independence. It is an accepted historical fact that altered territorial size of the princely State of Jammu and Kashmir along with modified status of UT remains a point of controversy politically and it echoed throughout the electioneering compelling senior leadership of ruling dispensation including PM/HM to announce at various platforms for early restoration/revival of the statehood.
It is observed that Article 2 of the Indian Constitution allows Indian Parliament to admit or establish new State but it singularly cautions about forming Union Territory and subjects it to constitutional amendment as regards Union Territory. Though, Article 3 gives Parliament power to form new states by separating territory from another state, uniting states or joining any area to another state. According to this explanation, Parliament can form a new Union Territory by separating a part of a state. That means territory of a state can be separated to form new Union Territory but the whole state cannot be converted into a Union Territory. In the same lines, the Supreme Court of India upheld the Jammu and Kashmir Reorganization Act 2019, which created the Union Territory of Ladakh from the State of Jammu and Kashmir and therefore statehood is to be revived/restored at the earliest failing which it would contradict the Article 3 of the Constitution of India.
It may also be appreciated that the necessity to adopt such constitutional provisions especially when the affected territory is adjoining international borders, Actual Line of Control and Line of Control with another country requires serious tactical considerations rather than political aspirations of the political party in power. The State of Jammu and Kashmir presented an example of Unity in diversity for ages. Three different regions with variety of cultural and social living pattern maintained harmonious relations and excelled uniquely in Arts, culture, trade and other facets of life. History has not spared any ruler for his failings and will prevail in recording all events for last four decades including forced migration of the innocent Kashmiri Pundits, displaced persons of POJK and all other ill-fated events. It is difficult to comprehend the compelling reasons for not holding democratically established electoral process for forming popular government, the basic spirit of democracy, besides abrogating solemnly pledged special status, division of territory and above all revocation of Statehood status compromising with Article 3 of the Indian Constitution. Recent denial of electoral mandate by the people of Jammu and Kashmir to BJP and its valley based allies speaks volume about the unilateral decision taken by Union Government led by BJP and reaffirms will of the people in an established democratic manner.
The State of Jammu and Kashmir joined Union of India as a full-fledged princely State and not as a Union Territory and the people of Jammu and Kashmir are averse to the narratives like Statehood would be restored at appropriate time. Parameters indicating appropriate time are not specified and are blended in political statements delivered for electoral dividends. Statements and counter statements by the political leadership of either block is unwelcome especially when the people of Jammu and Kashmir have very definitely conveyed their mandate, their enriched faith in democracy, the Constitution of India and established judicial system. It is their proprietary right to hold Statehood and should not be dealt as remuneration for peaceful participation in the solemn exercise of established electoral process as per law of land. India is a democratic country and practices democratic values unbiased throughout the territorial limits and the State of Jammu and Kashmir occupies a very prominent place in geographical map of India. The people of Jammu and Kashmir suffered unparalleled, unprecedented and avoidable blood shed of the Century and such political tilts played on them merely to achieve political ends unsupported by democratic practices would not augur well.
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