As on date Articles 370 & 35A of the Indian Constitution are politically “dusted & done away with” though legal challenges remain as there are several cases with regard to the decision of the Central Government pending in the Supreme Court of India.

Dr. Karan Singh’s speaking on Maharaja Gulab Singh’s 227^th birth anniversary:

While speaking on the 227^th birth anniversary of Maharaja Gulab Singh on 21^st October 2019, Dr. Karan Singh spoke at length about the present political situation of J&K. He said that while there is a need to open a dialogue with the representatives of recognized political parties & civil society in Kashmir it is important to ensure a fair distribution of economic, administrative & political powers between the two regions (Jammu & Kashmir).

He also mentioned that he will not be able to speak on the legal matters as they are pending in the Supreme Court but since a political decision has been taken as such one should approach it with a positive mindset & move ahead.

J&K’s integration with India & regional autonomy for the provinces:

Dr. Karan Singh has the distinction of having joined the political milieu of J&K as its Regent after Maharaja Hari Singh & Maharani were exiled from J&K through the mechanizations of Sheikh Mohammad Abdullah & full support of Jawaharlal Nehru. He has been a witness to the tumults period of partition of the country & attack by the Pakistan forces under the guise of tribal invasion & the situation that unfolded thereafter. He had to deal with the colossuses like Jawaharlal Nehru, Sardar Patel & Sheikh Abdullah (who had a blatant anti-Dogra political ideology). That he was able to withstand those times & the pressures therein & still stay unblemished is a tribute to his acumen, astute foresight & understanding of the unfolding events.

In-spite of the everchanging political situation in the country Dr. Karan Singh always stood for greater integration of J&K with the mainland India. Coupled to this he has been a votary of Regional Autonomy for the three regions of the state viz Jammu, Kashmir & Ladakh.

In fact, Dr. Karan Singh was reiterating the same position at the function at Jammu on 21.10.2019 that he had been raising with Jawaharlal Nehru & Indira Gandhi regarding regional autonomy to the provinces of Jammu & Kashmir.

As early as 24.09.1952, after a trip to Ladakh, Dr. Karan Singh wrote to Jawaharlal Nehru that the people of Ladakh led by KushakBakula “were genuinely & fervently desirous of having the closest possible union with India….As a matter of fact they were pressing that India should directly take over the administration of Ladakh”. Though Dr. Karan Singh told them that it was not possible at that particular moment in time because of the prevailing national & international situation but he did write about the desire of the people of Ladakh to Nehru.

Finally, the desire of Kushak Bakula& the people of Ladakh was fulfilled on 05.08.2019, after a gap of 67 years.

Dr. Karan Singh was fully aware that while Jammuites & Ladakhis desired complete integration of the State with the Union of India, the Kashmiri political leadership (as distinct from the common Kashmiris – who truly represent all the dimensions of Kashmiriyat ) wanted a “limited nature of accession & not complete integration”. Meanwhile, Praja Parishad, a political entity of Jammu, was spearheading an agitation against conditional integration of J&K to India which found a lot of traction with the people of Jammu. Their demands ranged from flying the National Flag of India on the official buildings in J&K (which was regularly turned down by the Sheikh Government) to extending the constitution of India to the state. They also questioned the treatment meted out to Maharaja Hari Singh, a nationalist, as compared to the position accorded to the Nizam of Hyderabad in-spite of the fact that his Razakars had fought an armed war against Indian army.

Their slogan “Ek Nishan; Ek Vidhan; Ek Pradhan (one flag; one constitution & one President) became their cry during the struggle. The agitation worried Dr. Karan Singh. He wanted the Sheikh & the Central Government to meet the representatives of the agitating leaders, but Sheikh Abdullah was adamant that he would not meet the ‘reactionary & communal’ people. Jawaharlal did meet Pt. Prem Nath Dogra (the leader of Praja Parishad) once but the meeting  did not go very well & after that Nehru was not inclined to meet the leaders of Praja Parishad. Matters got complicated further as Praja Parisahd, finding no takers of their point of view either in J&K or the Central Government turned to Jan Sangh for support.

In a letter addressed to Jawaharlal Nehru on 22.12.1952 Dr. Karan Singh writes:

“With particular reference to Jammu problem (Praja Parishad agitation), very close attention must be paid to framing this Constitution (J&K Constitution) in a manner in which all sections of the State feel secure that their culture, rights, & interests are fully safeguarded, & that there is absolutely no chance for the exploitation of one area of people by another. This is the clearly expressed & oft-repeated intention of Sheikh Sahib & must be practically put into effect by working out a satisfactory system of provincial autonomy”.

An agreement had been reached between the Sheikh & the Govt of India on 24.07.1952 in which broader understanding was reached about the special relationship of the J&K State with that of Indian Union. This agreement was supposed to get reflected in a separate constitution of the J&K State.The Sheikh got proposals like abolition of hereditary rulership, land reforms & a new flag for the state approved from the State Constituent Assembly first & started dragging feet on the others. The intentions of the Sheikh came under cloud especially after he met members of US administration & started speaking in public & private about the option of independence for the State.

Consequently, Sheikh Abdullah was dismissed from the Prime Minister-ship of J&K & arrested on 08/09.08.1953.

In another letter dated 04.01.1953 to Nehru, Dr. Karan Singh again stresses the need for provincial autonomy to ameliorate the strained relations between the provinces. He mentions that though the agitation in Jammu has been going on for more than one & a half months, but the State Govt. has not taken any “positive or concrete” steps to generate confidence in the people. He further mentions that the first step should be to implement “the remaining provisions of the Indo-Kashmir Agreement & reducing them as soon as possible to constitutional form, & secondly, the granting & working out of a system of provincial autonomy”. Dr. Karan Singh also suggests that Nehru should use his influence with the Sheikh when he meets him in Hyderabad during 58^th session of Indian National Congress (the Sheikh was invited to this meet) & persuade him to “implement the Delhi agreement fully” & also make him “agree in principle to provincial autonomy for Jammu province”.

In another letter dated 23.02.1953 Dr. Karan Singh again reiterates to Nehru that “a committee consisting mostly of people Jammu, should be set up to study & work out a system of provincial autonomy for Jammu”. He says that the committee could submit their report within two months & this report should be “put before the Assembly &should become the basis of clauses regarding provincial autonomy in the Constitution”.

Time & again Dr. Karan Singh took up this matter with Nehru, but nothing really came out of it. It is possible that Nehru was never able to broach the matter with the Sheikh in right earnest as he was afraid of annoying him. Dr. Karan Singh, in a record of talks with Jawaharlal Nehru dated 21.04.1953 writes that “regarding the political deadlock, it does not seem that he will do anything at all about bringing about a settlement. He stressed that the whole international case rested upon Sheikh Abdullah”.Dr. Karan Singh further confesses in the same note that “I failed to find any considerable keenness or sense of urgency (in Nehru) in bringing this to a close. He seemed to be leaving all to Sheikh Abdullah”.

In a fast-changing political scenario the constitution of J&K was adopted by the constituent assembly on 17.11.1956 & it came into force on 26.01.1957.The idea of provincial autonomy, for which Dr. Karan Singh was regularly pursuing with Nehru in particular & Union Government in general was completely eclipsed. It is worth noting that the proclamation for Constituent Assembly was signed by Dr. Singh on 21.04.1951 but because of the intransient attitude of the Sheikh it took so many years to pass though the broader guidelines were frozen in the Delhi declaration of 24.07.1952.

Dr. Karan Singh’s letter to Indira Gandhi on provincial autonomy:

Dr. Karan Singh’s took up the issue of provincial autonomy once again with Indira Gandhi vide letter dated 10.07.1967 in which he clearly states that “the present political structure of the state does not fulfil the genuine & democratic aspirations of the people of the people of its 3 regions – Kashmir, Jammu & Ladakh. One of the approaches could be to proceed with linguistic reorganization of the State, as has been done elsewhere in India. As this presented certain difficulties, it was suggested that a solution within the framework of the present State should be considered”.

Dr. Karan Singh was, in fact desirous of granting autonomy to all the 3 Regions of the state but he was taken aback because of a press conference on 26.06.1967 in Srinagar by Mr. Ghulam Mohammad Sadiq (Chief Minister of J&K) expressing that “…the idea of regional autonomy is completely against the interest of the State. It is rather a mischievous move”.

Dr. Karan Singh also mentioned in his letter that the State Government through its Field Survey Organization was trying to “completely distort the whole idea of regional autonomy & arouse caste & communal prejudices against it”.

Hence, it can very safely be concluded that the Kashmiri political class, of whichever political grouping or ideological dispensation was not interested in resolution of regional disparities even within the framework of the State constitution.

In the note attached to the letter dated 10.07.1967 titled “Regional Autonomy in Jammu & Kashmir” Dr. Karan Singh mentions as under:

“A) One political fact has now to be squarely faced. If Jammu continues to feel that its legitimate rights cannot be ensured within the framework of the present State, the demand for a complete breakaway from Kashmir is certain to grow. There are 3 clear alternatives open at present:

1. To maintain the status quo;
2. To reorganize the State on a linguistic basis, extending to it that same principle that has been applied throughout the country;

• To work out a political arrangement whereby, retaining the unity of the State, each of its three regions is given political satisfaction.

The 1^st alternative is evidently unsatisfactory, because continuance of the status quo will only lead to increasing political frustration, resulting ultimately in an explosive situation which we must seek to avoid. Statesmanship lies in meeting a genuine demand well before it reaches a point of ignition, and it will be tragic if vested interests are allowed to veto any proposal for improvement. Leaving aside the 2^nd alternative for the time being, although there are strong arguments in its favour, the attached paper attempts to explore the broad features of the 3^rd.

1. B) The main objectives of such a scheme must be:
2. to ensure that on a clear recognition of Jammu’s personality & problems, its people enjoy the satisfaction of a genuine sharing of political power, a fair share of services broadly commensurate with their population within the State, & adequate attention to their economic & developmental problems – specially irrigation, power & communication.
3. to ensure that Kashmir benefits equally from the new changes, so that the sum total of political satisfaction in the State is substantially increased.

• To ensure that Ladakh, with its peculiar geographical & strategic situation, receives the special attention that it deserves.

Some of the suggestions recorded in the attached note to the letter by Dr. Karan Singh could be a way forward, beyond 05.08.2019, for equidistributional of power, resources & development between the two regions of the UT of Jammu & Kashmir.

As mentioned above Dr. Karan Singh once again reiterated that “it is important to ensure a fair distribution of economic, administrative & political powers between the two regions (Jammu & Kashmir)” on 21.10.2019, during the function in Jammu.

In short the position of Dr. Karan Singh has remained unchanged for over last 70 years regarding provincial autonomy for the provinces of Jammu & Kashmir. This position becomes more relevent after abrogation of Article 370. Regional autonomy, together with delimitation of assembly constituencies can become a corner stone for faithful & efficient governance of the Union Territory of Jammu & Kashmir.

Governance structure suggested by Dr. Karan Singh to Indira Gandhi for J&K:

Before going into the governance structure suggested by Dr. Karan Singh, in his letter to Indira Gandhi, he tries to put the Jammu region in a proper perspective. The note reemphasizes the following:

1. Jammu & Kashmir is the only State in India, which is bifocal by definition, the seat of Government moving between Jammu & Srinagar for six months every year……Although several other States in India have regional pulls, the position of Jammu is entirely different because its separate personality forms a basic feature of the State itself…..In 75 member Legislative Assembly, Jammu has 31, Kashmir 42 & Ladakh 2 seats.
2. Since the state of Jammu & Kashmir was founded in 1846, right up to independence in 1947, Jammu had a predominant position in view of the fact that it provided ruling class. This undemocratic situation came to an end with Independence; unfortunately, it was replaced not by a rational sharing of power between the two provinces but by the reverse domination of Kashmir over Jammu, which was as unfair & unacceptable as the earlier position. The situation today is that political consciousness is steadily growing in Jammu & with it the predominant feeling that if the State is to remain as one unit this can only be on the basis of both provinces getting a fair deal. Discontentment over the present set up has been long simmering & has erupted violently from time to time…..

Thereafter Dr. Karan Singh goes on to outline Governance structure that would facilitate autonomy to the two provinces – Jammu & Kashmir & create a political & administrative mechanism that would restore dignity & faith amongst the people. Ladakh, he envisaged, should be the “special responsibility of the Governor” (Ladakh has now been carved out as a separate UT).

Other measures suggested by him in the said letter are as under:

Legislature:

1. The note envisages that there should be one State Legislature & two Provincial legislatures for Jammu & Kashmir provinces. The Provincial Legislature should consist of the members from the respective Provinces & the Chief Minister of the State may attend their meetings but shall not vote (in my understanding in the Provincial Legislature where he is not a member).
2. The Provincial Legislature shall exercise powers & functions as per powers delegated to them & legislation passed by them shall go directly to the Governor for assent.

Provincial Executive Council:

1. Besides the State Council of Ministers, there shall be an Executive Council for each Province under a Dy Chief Minister to aid & advise the Governor in exercise of these functions which are delegated to the Provincial Legislature.
2. The Provincial Executive Council shall be collective responsible to the respective Provincial Legislature.

• The DyCM& other members of the Provincial Executive Council shall hold office during the tenure of the Governor.

Conduct of Provincial Council’s Business:

1. The Governor shall make rules for the more convenient transection of business of the Provincila Executive Council & for the allocation among the Members of the said business.

1. It shall be the duty of the DyCMs:
   1. To communicate to the Governor & CM all decisions of the respective EC relating to the administration of the affairs of the province & proposals for legislation;
   2. To furnish such information relating to administration of the affairs of the province & proposals for legislation as the Governor or the Chief Minister may call for; &
   3. If the Governor so requires, to submit for the consideration of the PEC any matter on which a decision has been taken by a member, but which has been considered by the council.

• All executive action of the Provincial Council shall be expressed to be taken in the name of the Governor or the Executive Council of the province concerned

The note further states that the Administrative set up of each province should be under a Joint Chief Secretary & Govt Departments should have provincial heads functioning under the authority of the PEC. It also lays out the procedure for recruitment of people to the state & provincial departments & structure of public Service Commission.

It also speaks about a State planning Board under the chairmanship of the Chief Minister with both the DyCM as Vice Chairmen of the Board.

This framework, as communicated by Dr. Karan Singh to Indira Gandhi way back in 1967 is relevant even today. Of course, it may require some modifications because of the changed circumstances but the core of the idea remains the same.

Post 05.08.2019 Jammu & Kashmir is once again at the crossroad of political evolution. A misstep can make or mar the future of the people of the two provinces as well as their relationship. At the same time many of the ideas (not all, for obvious reasons) that Dr. Karan Singh spelt out through his letter to Indira Gandhi way back in 1967 seem to be relevant even today. Some of these ideas, especially with respect to devolution of political & financial powers between the provinces, delimitation  of assembly constituencies, if implemented with political honesty may enable creation of a system of governance through which the people of Jammu & Kashmir could lead a life of respect, dignity & mutual understanding for times to come.

PS: Sheikh Abdullah, the Prime Minister of J&K, was arrested on 08/09.08.1953 for activities detrimental to the interests of the country.

Acknowledgements:

1. Karan Singh, Autobiography
2. Jammu & Kashmir (1949-64); Select correspondence between Jawaharlal Nehru & Karan Singh; edited by JawaidAlam
3. An Examined Life; Essays & Reflections by Karan Singh; edited by Raghav Verma
4. My Frozen Turbulence in Kashmir by Jagmohan
5. Indian Summer – The secret History of The End of an Empire by Alex Von Tunzelmann