Real tributes can be paid to Dr. Mookerjee by uprooting all myths about J&K not being Total India

 

 

Daya Sagar Patron JKSC : Sr Journalist & known analyst of J&K affairs

 

 

With the political environment as it exited in Indian territories immediately after 15 August 1947, the uncertainties about future course that the erstwhile princes may take  and the delayed accession of the princely state of J&K with India Dr. Syama Prasad Mookerjee was of the opinion that no any confusions , doubts, incompletenesses, expressions worth misinterpretations and any apparent constitutional infirmities should left even a bit unclarified in Constitution of India , particularly in relation to the  erstwhile princely State of J&K, so that at no moment of time in future any individual or group could make use of the same to misinform our people or and give rise to controversies detrimental to the interests of India nation state. Such apprehensions in Dr. Mookerjee’s wisdom did stand to fair logics  particularly since (a) message was even wrongly going / was being inferred that ARTICLE 370 embodies  special provisions/ status  for Jammu and Kashmir (Clause 1b-i) in constitution of India  and  that Article 370  { Clause1(b-ii)} exempted the State from the provisions of the Constitution  of India by providing a Separate Constitution for  the State of J&K (b) 1952 Delhi Agreement could be seen/ promoted at later date by some as an agreement giving status like that of a separate country to J&K in terms of a Separate State Flag. Dr.Mookerjee in a way advised  Government of India to remove all such constitutional & administrative infirmities lacuna that could be any time used for disturbing peace & stability.

 

It was in May 1953 that not convinced with the apparent approach of Government of India and the way the then local government in J&K was handling related affairs including movement of the people from and out side the State to other states Dr. Mookerjee entered the State of J&K from Punjab side without the permission ( permit as it was called ) defying the orders of the local government and was arrested on 11th May 1953 at Lakhanpur and later shifted to Srinagar where on 23rd June 1953 his leaving for heavenly abode in mysterious circumstances was the greatest of the great shocks that the Nation had after the sad demise of Mahatma Gandhi. Mukherjee’s mother wrote to Prime Minister to hold an enquiry. But still the mystery is unsolved/ questions are unanswered..

 

Mukherjee’s sacrifice had surely made many immediate reformative things to happen thereafter like Articles like 238, 379.—391 were repealed by the Constitution (Seventh Amendment),1956, s. 29 , drafting of 16 Nov1956 J&K Constitution with roots in Constitution of India in 1956 with Section- 3 of J&K Constitution laying down that the State of J&K is and shall be an integral part of the Union of India and the J&K Preamble clearly saying :-“WE, THE PEOPLE OF THE STATE OF JAMMU AND KASHMIR, having solemnly resolved, in pursuance of the accession of this State to India which took place on the twenty sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof, ….” where in the authors had made it amply clear that J&K Constitution was not an sovereign separate Constitution to Constitution of India. Permit system too was demolished.

 

 

 

Notification / consent issued by the Regent Karan Singh on 25 November 1949 had formally accepted the spirit and jurisdiction of Constitution India over J&K as integral part thereof. The Article 370 was incorporated (26 Jan 1950) much before the Regent of J&K issued (1-05- 1951) proclamation for elections to the Constituent Assembly of J&K. Even the much talked about 1952 (July/August) Delhi Agreement was made later.

 

No doubt no separatist links as regards J&K were kept in Constitution of India but the fears that Sh. Shyama Prasad Mukherji had expressed and advice he had been giving to the then Indian leadership / Parliament while in Nehru government / while out of government did prove right since many people even from within the political parties recognized as mainstream political parties have been using the presence of Article -370 in constitution of India, the part of constitution of India dealing with operating tools as regards state specific subjects of Indian state of J&K kept in the form a J&K Constitution and not as a part in main constitution of India , the reference of state flag in Delhi Agreement 1952 / Section 144 Constitution of J&K and like for projecting that J&K is not an Indian state as good as Punjab or UP. Where as all these inferences have been mis quoted and wrong. But so unfortunately the National leadership / government of India too has not handled the affairs that seriously there by allowing the myths to get cultivated and mislead innocent people..

 

Not only that even after Government of India in a written reply made in Rajay Sabha to Q 137 on 11 March 2015 having clearly said that in Constitution of India Art-370 gives no special status to J&K still even after that many seniors were talking of “special status of J&K”. Some very senior leaders have even claimed on the floor of Parliament that J&K had only acceded to India whereas other states had followed by merger after accession but they have still gone not corrected by GOI.

Hari Singh’s Instrument of Accession had clearly said “whereas the Government of India Act, 1935, as so adapted by the Governor General, provides that an Indian State may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof. Now, therefore, I Shriman Inder Mahinder Rajrajeswar Maharajadhiraj Shri Hari Singhji, …, in the exercise of my Sovereignty in and over my said State do hereby execute this my Instrument of Accession and……” his Instrument no where talked of any conditional accession & as regards sovereignty. . And the Constitution of J&K that was made effective 26 Jan 1957 had to be drawn with in the scope of COI and was also drawn.

 

 

 

 

 

Some opine that J&K has not merged with India like other Princely States that is why ‘we’ have a special status, our own constitution and the state flag’. In 1950 there was art-370 wrt to J&K that had been named temporary where as in the same constitution there was also Article -238 ( Part-VII) in 1950 to deal with the particular constitutional needs prevailing at that time with respect to 8 ( excluding Sr.2 J&K ) Part- B States of 1st Schedule where head of state was then named as Rajpramukh instead of Governor as was in Part-A states. There were Part-C and Part-D states also. With seventh Constitutional Amendment Act 1956 the 1st Schedule to Constitution was modified in view of States Reorganization Act,1956 keeping only two categories i.e States & Union Territories.

 

Another Mis quoted ‘Anomaly’ but well cultivated was that J&K has her own Flag like Indian National Flag where as it is no parallel / has no equivalent status / RIVAL to Indian National flag even as per Delhi Agreement 1952,It is still not understood how government of India has been making it stand parallel to Nation flag even before August 2019. Ofcourse same has been the case for not correcting those who have been professing that J&K “has” a separate Constitution than COI where as the roots of J&K Constitution lied in Constitution of India and no way J&K had a separate Constitution.

 

And above all it has to be carried to common man( of J&K in particular ) that the President of India has made THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 2019 C.O. 272 on 5th August 2019 , in exercise of the powers conferred by Clause (1) of Article 370 of the Constitution of India & with the concurrence of the Government of State of J&K and ORDER C.O 273 of date 06-08-2019 a DECLARATION UNDER ARTICLE 370(3) amending Art-370 with in the provisions of COI and Art-370 is very much there in amended form and has been only operated upon as provided in constitution. Nothing has been snatched from J&K people ( Kashmiries in particular ) as some are mis propagating.

 

Real tributes to Lt Sh Shyama Prasad Mookerjee would be to work for eradicating the Myths already cultivated in J&K and being cultivated after August 2019.