Daily Times

During the time of Raja Gulab Singh, the official language of the court was Persian. Jammu region had accepted the impact of Urdu quickly. With the passage of time Urdu became a literary language than Persian. An influx of urdu speakers mostly Punjabi Muslim from across subcontinent came to Kashmir and took up different jobs/appointments at the court. This step of Maharaja created bitterness among pundits and they started a agitation for securing the rights of state subjects. As a result of this agitation in 1926 during the time of Maharaja Hari Singh, a state subject definition committee was formed. In 1927 a proposed new definition was accepted by Maharaja Hari Sing.

As a result of this none from outside Kashmir was appointed in Kashmir. The 1927 Hereditary State Subject Order granted to the state subjects the right to government offices and the right to land use and ownership which was not available to non state subjects. After occupation of Kashmir by Indian army, Sheikh Abdullah negotiated future of Kashmir with prime minister Nehru which led to the creation of article 370 of Indian constitution. Sheikh Abdullah was considered architect of article 370 along with Nehru. The principle draft of 370 was made by Gopalaswami Ayyangar who helped and pleaded the article 370. He had been prime minister of Kashmir for six year with Maharaja Hari Singh. Article 370 gives special status to occupied Jammu and Kashmir and giving India powers over three areas, defence, foreign affairs and communication. Under article 370, the Indian parliament cannot increase and reduce borders of occupied Jammu and Kashmir. Under 1952 Delhi agreement between Sheikh Abdullah and Nehru, some of the provisions of Indian constitution were extended to occupied Jammu and Kashmir through presidential order. Accordingly article 35A was also included then. Article 35A was inserted through a constitutional order of 1954 issued by president Rajendra Prasad under article 370 on the advice of Nehru. Occupied Jammu and Kashmir so called constitution was formed in 1956 and it retained the definition of state subject of 1927. Permanent residents law prohibits non permanent resident from settlement in the state, acquiring property and government jobs etc. According to former Chief Justice of Indian Supreme Court Justice Dr AS Anand in his book “Constitution of Jammu and Kashmir, its Development and Comments” links the creation of article 35A in accordance with the agreement between the representatives of Pakistan and India. According to a Kashmiri legal expert in Srinagar it amounts to an act of state over which the Supreme Court of India lacks Jurisdiction.

Within BJP there is a revolt, a member of legislative assembly from RS pura, Gagan Bhagat opposed the abrogation of the article 35A and warned the government if done, people of Jammu and Kashmir would take up guns and pelt stones. Pakistan has also warned any attempt to abrogate the article will be a blatant violation of International law and relevant United Nations Security Council resolutions which prohibit introducing material changes to the disputed territory

A writ petition has been filed in the Supreme Court of India in 2014 by a NGO “We the Citizen” sponsored by BJP and RAW, challenging the validity of both article 370 and 35A. According to petition article 370 was a temporary provision to help bring normality to occupied Jammu and Kashmir. According to them article 35A is against the very spirit to oneness of India as it has created a class within class of Indian citizen. The central government of BJP is also supporting the idea to put an end to provisions which gives special status to occupied Jammu and Kashmir. The government is also considering the option of promulgating an ordinance to scrap the provisions which gives special status to occupied Jammu and Kashmir through article 370. According to BJP president Amit Singh that removing article 35A has been in our manifesto since 1950 and it is our commitment to people of the country. There are 20 more petitions filed in Supreme Court challenging the article that is has been derived from a presidential order rather there a law made by parliament which alone has the power to make and change.

A three member bench of Indian Supreme Court under chief justice Dipak Misra is hearing a number of petitions challenging the validity of article 35A. Incase if decision is given in favour of petitioners then Indian occupied Kashmir will lose its special status under Indian constitution and occupied Jammu and Kashmir can be annexed to Indian territory. Former chief minister of occupied Jammu and Kashmir Mahbooba Mufti has said any attempt to temper with the special status of Kashmir will render the accession of the state with India null and void. Another former chief minister Farooq Abdullah has warned that the abrogation of article 35A will like playing with fire and can trigger a bigger revolt. Within BJP there is a revolt, a member of legislative assembly from RS pura, Gagan Bhagat opposed the abrogation of the article 35A and warned the government if done, people of Jammu and Kashmir would take up guns and pelt stones. Pakistan has also warned any attempt to abrogate the article will be blatant violation of International law and relevant United Nations Security Council resolutions which prohibit introducing material changes to the disputed territory.

Pakistan has condemned such attempts as these are clearly aimed at bringing about demographic changes in the occupied Jammu and Kashmir. There is a requirement to stop India from taking such steps to alter the demography of occupied Jammu and Kashmir which may escalates further tension between Pakistan and India in the currently charged situation.

The writer is a retired brigadier and currently commissioner of the Afghan Refugees Organisation, Balochistan