KASHMIR -19

Democracy in Kashmir

1.         Sheikh Abdullah, in his role as the most popular leader representing the people of the state, was appointed head of the Emergency Administration. Land reforms were instituted and administration was strengthened. On 2 March 1948, Sheikh Abdullah was installed as Prime Minister and the Maharaja was obliged to relinquish control of the state. Hari Singh died in Bombay in 1962 and the Dogra dynasty, which lasted nearly a century, came to an end.

2.         Even though Sheikh Abdullah professed his loyalty to India, he had been showing his leanings towards an ‘Independent Kashmir’. Kashmir was accorded a special status (under Article 370) in the Indian Constitution due to the restrictive clauses in the instrument of Accession. In 1951, Kashmir’s first ever elections were held and the National Conference won seventy-five seats unopposed. The elections were boycotted by the Praja Parishad. Important clauses in Article 370, which was accepted as part of the Delhi Agreement in 1952, are as follows :-

 (a)        The state of Jammu and Kashmir was to be allowed its own flag, but the Indian flag would be supreme.

          (b)        Kashmiris would be citizens of India.

(c)      The President of India would be the head of state of the whole of India, including Jammu and Kashmir. 

     (d)   The Governor of Jammu and Kashmir (Sadar-i-Riyasat) would be elected by the state legislature (as opposed to nominee from Delhi) but he could not assume office without the consent of the President of India.

           

3.           During the 1950’s various efforts were undertaken by the International community to resolve the dispute in Kashmir. Notable among these missions were the following :-

       (a)        Sir Owen Dixon, a distinguished Australian Jurist, was appointed as United Nations representative in India and Pakistan, with many of functions and powers of the UNCIP. On 15 September 1950, he presented a report to the United Nations. Commenting on the document a historian has noted ‘it is a fascinating document, one of the very few pieces,  which claims to a measure of literary elegance and wit to emerge from the sorry Kashmir story’. It did not, however, indicate any easy solution to the problem. Sir Owen Dixon met the respective Prime Ministers, Jawaharlal Nehru and Liaquat Ali Khan between 20 and 24 July 1950. He now advanced what came to be known as the idea of “regional plebiscites”. His proposal was rejected by both India and Pakistan.

       (b)        Dr. Frank P. Graham, a former United States Senator for North Carolina, succeeded Sir Owen Dixon, as United Nations Representative with instructions to go to the sub- continent and further explore, the possibilities for the de-militarization of the state of Jammu and Kashmir and the holding of a plebiscite.  Between 1951 and 1953 Dr. Graham submitted five reports to the United Nations in which he described his endeavours to find a satisfactory formula.  These attempts, also met with little success.

       (c)        After the failure of Dr. Graham’s mission, Gunner Jarring of Sweden, the then President of Security Council was sent to India in February 1957.  Jarring, submitted his report on 29 April 1957 and this also was not accepted by any of the parties involved.

           

(d)       On 2 December 1957, the Security Council made its Resolution based on the Jarring report, which restrained both Governments ‘from making any statements and from doing or causing to be done any acts,  which  might  aggravate  the  situation  and  to  appeal  to  their 

respective people to assist in creating an atmosphere favourable to the promotion of further negotiations and that the United Nations representative for India and Pakistan make recommendations to the parties for further appropriate action with a view to making progress towards the implementation of the resolutions of the United Nations Commission for India and Pakistan of 13 August 1948 and 5 Jan 1949 and towards the peaceful settlement’.  

       (e)        Dr. Graham, between 12 January and 15 February 1958 visited Kashmir yet again. His report of 28 March 1958 only highlighted his failure in recommending any acceptable settlement of the issue.