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'Erosion of autonomy is the primary cause of Kashmir discontent'

Mukhtar Ahmad in Srinagar

The Jammu and Kashmir Autonomy Committee wants amendments in the Union and state constitutions to restore the 'pre-1953' status to the state.

The Committee recommended that all subjects for governance except defence, foreign affairs and communications be restored.

Headed by Public Works Minister Ghulam Mohi-ud-din Shah, the Committee called for "another pact between the Union and the State to set right the wrongs of 40 years and for repealing all orders which were not in conformity with the Constitution (application to Jammu and Kashmir) Order, 1950 and the terms of the Delhi Agreement of 1952."

Stressing the need for such a pact, the report advocated cementing the relationship between the Centre and the state by declaring a "constitutional understanding" that Article 370 or any other provisions of the Indian Constitution will not be applied to the state beyond the understanding of the Delhi Agreement,1952. This, the report says, could be embodied in a new article specifying the agreement as part of the unamendable basic structure of the Constitution.

"Such constitutional understandings have been formulated in democracies. The complexities of our situation render it the best, perhaps the only, course for removing the debris of an unhappy past and building, in its place, a relationship between the State of Jammu and Kashmir and the Union of India, which reflects the most vital aspect of federalism, mutual trust and respect," the report says.

In respect of legislative relations, the committee recommended that matters in the Union list not connected with defence, external affairs and communications be made applicable to JK. "All modifications made in Article 246 in its application to the state subsequent to the 1950 order be rescinded," the report says.

The Committee stated that the erosion of autonomy "is the primary cause of Kashmir discontent".

About changes in the Jammu and Kashmir constitution, the committee recommended that all amendments made through the Constitution of Jammu and Kashmir Act, 1959 relating to the superintendence, direction and control of elections to the state legislature and to the state high court, and through the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965 relating to the change of nomenclature of the head of the state and state executive, the mode of appointment of the head of the state and such consequential amendments, be repealed and original provisions restored.

With regard to emergency provisions, the report states that "provided the request for concurrence of the government of the state is subject to whatever decision the assembly may take within two months of declaration of emergency, and failing any such decision, the proclamation of emergency shall be deemed to have been revoked."

The committee, earlier headed by Dr Karan Singh and formed by the National Conference government in 1996, said that finance, property, contracts and suits be discussed between the representatives of the state and the Union government as per the Delhi Agreement.

Referring to the erosion in the special status the state granted under Article 370, it said that the trouble started after the "unconstitutional" dismissal of state prime minister Shiekh Abdullah and, later, his arrest. The next government, the report says, was installed through "questionable exercises."

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