PDP admits Self Rule design may appear constitutionally/legally incomplete

03 Feb 2018 13:54:16


Daya Sagar

SELF Rule paper of PDP says (i) “The PDP accepts that the essence of this document lies in trying to suggest a creative framework for resolution of the issue without compromising the sovereignty of the 'two nation states involved (ii) “The centre piece of the governance structure under self-rule is the cross-border institution of Regional Council of Greater Jammu and Kashmir.”

 

It further says...(iii)“Moreover, such an institutional structure will provide a framework within which certain matters between the two parts of the State and their respective mainland, that need to be sorted out to infuse in people a sense of empowerment and a feeling of belonging. This will require devising an improved constitutional, political and economic relationship between the two parts of the State and their respective main lands” (iv) “Conceptually, the challenge in J&K is to integrate the region without disturbing the extant sovereign authority over delimited territorial space.

 

There is no need to negate the significance of the line of control as territorial divisions but it is imperative to negate its acquired and imputed manifestations of state competition for power, prestige, or an imagined historical identity. The idea is to retain the former and change the latter. Therein lies the key to the solution of J&K dispute.(vii) and the like. The quotes made here from the Self Rule Doc may not appear that elusive to a common man busy with earning his two meals but intrinsically surely the totalness / validity 1947 accession of J&K with India is questioned. The terms like and expressions (i) their respective mainland, (ii) sovereignty of the 'two nation states involved, (iii) devising an improved constitutional, political and economic relationship between the two parts of the State and their respective main lands, (iv) delimited territorial space and, (v) no need to negate the significance of the line of control as territorial divisions , do matter  from technical / international  view points when references are made to issues raised by the separatist / anti 1947 accession arguments.

 

PDP professes that India and Pakistan have to resolve the very difficult problem of “domestic” integration within a split international political and economic structure. PDP accepts that its basic premise is the search for solution to the issue of Jammu & Kashmir through an inter-nation state institutional arrangement that preserves sovereignty of the two nation-states but still has a supranational basis.

The document says that PDP's basic premise is that the time has come to work out some form of integration & move forward; but admits that the proposed PDP's integration design may appear to be constitutionally and legally incomplete and politically premature (pleading that a start has to be made simply because the cost of not doing it will be much higher than the cost of implementing it). This means that PDP does not see any normalcy in immediate future since what to talk of “separatists' as per PDP even the democratic government in J&K may not find it constitutionally and legally workable.

 

PDP document admits that “Self-rule cannot sustain itself without a fair and realistic degree of self-reliance and hence a reliable and substantial fiscal support by the centre would be needed for valid reasons and on legitimate equitable grounds.

 

Simultaneously PDP suggests the two UNITS of Greater Jammu and Kashmir doing trade independently with India, Pakistan and other world. PDP does talk of certain regional issues that have the potential of snowballing into a dangerous situation like occasionally voices are raised from Ladakh and Jammu for trifurcation of the State. I shall not discuss it here.

 

And above all, PDP at para 132 of SELF RULE document says that “Once this formulation of Self-Rule is accepted in and by India, it can be discussed with Pakistan for seeking a similar dispensation for the people living in Pakistan” Administered Kashmir and Northern Areas.  So, PDP itself has accepted that its Self Rule concepts would need a further test for similar acceptance by Pakistan after it is accepted (constitutionally and legally) with in India and BY India. Process will not end there, after that bilateral negotiations will be needed between India and Pakistan. Then it will also be desirable to have institutional arrangements between the two parts of Kashmir (PDP does not mention J&K) to work out a durable supra-national institutional structure.

 

So, the PDP proposals are more a rhetoric than a solution. Such proposals and talks surely appear pushing the innocent masses of J&K into more and confusions, the inter-regional contradictions in J&K would grow; of course even the legitimate Indian interests would be jeopardized. It could be alleged that the Kashmiri leaders are more interested in disturbed / conflicted situations in J&K so that they could ride the power cart.

 

 

[This article is an extract from the book “A Look Through the Mist : PDP Self Rule” authored by Sh. Daya Sagar. Further chapters of this book will be covered later in a series.]

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