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.
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