Abrogation of Article 370 of the Indian Constitution (About Kashmir) Maybe the Beginning of the Country Disintegration By Mihaj Qidwai Al-Jazeerah, CCUN, August 19, 2019

Protesters shout slogans and march on a street after Friday prayers in Srinagar, August 9, 2019	Kashmiri women protesters shout slogans and march on a street after Friday prayers in Srinagar, August 16, 2019

 

Modi-The Gorbachev of India

The dissolution of the Soviet Union was the process of internal disintegration within the Union of Soviet Socialist Republics (USSR) which began in second half of 1980s with a series of national unrests. It was sped up when after his inauguration in January 1989, President George H.W. Bush ordered a strategic policy re-evaluation in order to establish his own plan and methods for dealing with the Soviet Union and arms control. With the policy review complete, and taking into account unfolding events in Europe, Bush met with Gorbachev at Malta in early December 1989. They laid the groundwork for finalizing Strategic Arms Reduction Treaty (START) negotiations, completing the Conventional Forces in Europe treaty, and discussed the rapid changes in Eastern Europe. Following two years led to the series of events culminating on 25^th December 1991, when Soviet President Mikhail Gorbachev, the eighth and final leader of the USSR, resigned, declared his office extinct and handed over its powers—including control of the Soviet nuclear missile launching codes—to Russian President Boris Yeltsin. The Soviet hammer and sickle flag lowered for the last time over the Kremlin, thereafter replaced by the Russian tricolor. People all over the world watched in amazement at this relatively peaceful transition from former Communist monolith into multiple separate nations. On 26^th December 1991, the USSR itself was voted out of existence by the Supreme Soviet, following the Belavezha Accords. Declaration number 142-Н by the Supreme Soviet resulted in self-governing independence to the Republics of the USSR, formally dissolving the USSR. The declaration acknowledged the independence of the former Soviet republics and created the Commonwealth of Independent States (CIS).

The above is a prelude to what is offing for India. With the landslide victory allowed for Modi to be in power and convert it into an extremist Hindu state the ball has been set in rolling with the revocation of the special status of Indian-administered Kashmir in its constitution. A presidential decree issued on August 5 2019, revoked Article 370 of India's constitution that guaranteed special rights to the Muslim-majority state of Jammu and Kashmir, including the right to its own constitution and autonomy to make laws on all matters, except defence, communications and foreign affairs.

At the time of division of subcontinent, there were 565 princely states. The Muslim majority were supposed to go to Pakistan and Hindu Majority to India. Regardless of this understanding, Radcliffe Commission on 17^th of August 1947 gave 13 to Pakistan and 552 to India. India signed Instrument of Accession with all except 3 (Junagarh, Hyderabad and Kashmir). However, through so called referendum Junagarh joined India, with Operation Polo Hyderabad was annexed, while Jammu and Kashmir remained Independent. Those falling in the territory of India were invited to send representatives to India's Constituent Assembly, which was formulating a constitution for the whole of India. They were also encouraged to set up constituent assemblies for their own states. Most states were unable to set up assemblies in time, but a few states did, in particular Saurashtra Union, Travancore-Cochin and Mysore. Even though a model constitution was developed for the states, in May 1949, the rulers and chief ministers of all the states met and agreed that separate constitutions for the states were not necessary. They accepted the Constitution of India as their own constitution. The position of all the states (or unions of states) thus became equivalent to that of regular Indian provinces. In the case of Jammu and Kashmir, the representatives to the Constituent Assembly requested that only those provisions of the Indian Constitution that corresponded to the original Instrument of Accession should be applied to the State. Accordingly, the Article 370 was incorporated into the Indian Constitution, which stipulated that the other articles of the Constitution that gave powers to the Central Government would be applied to Jammu and Kashmir only with the concurrence of the State's constituent assembly. This was a "temporary provision" in that its applicability was intended to last till the formulation and adoption of the State's constitution. However, the State's constituent assembly dissolved itself on 25 January 1957. According to the Supreme Court of India and the High Court of Jammu and Kashmir, the Article "acquired a permanent status" in the Indian constitution. So, what was the need for disturbing the status-quo?

The abrogation of permanent status of Kashmir may have been planned due to:

-          It was the only state having its own Constitution and a separate flag. This is not the case in other states which may have some special provision in the Constitution.

-          It is a Muslim dominant state and will lead to the foundation of a real Hindustan.

-          It will pave the way for inhabitation of Hindus in Kashmir; and

-          A reason to strike on Azad Kashmir under Pakistan.

However, this may also be a prelude to the disintegration of India. So, what are the signs that Mr. Modi will be the Gorbachev of India?

1.      Modi winning second time with the promise to make India real Hindustan. The events in Kashmir has given signal to other states for reconsidering their position in India.

2.      With the abolition of Article 370 of the Constitution, the 10 states other than Jammu and Kashmir which enjoyed special category status will also be effected. These are Arunachal Pradesh, Assam, Himachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and Uttarakhand. This (abrogation) might serve as a template for these special category states to review their accord status with India.

3.      An uprising in Kashmir will be supported by Sikhs in Khalistan and they have been demanding their independent status since a long time. Operation Blue Star only oppressed their struggle but not the desire.

4.      There is no opposition to Modi’s one party rule with an autocratic approach. Fascist rulers and parties do not survive long.

5.      India has been made a country where “COW” has gained more importance than human life. Lynching of Muslims and disrespect to women are on rise.

6.      Geo political changing situation where India is towing on the lines of Israel for turning Kashmir into Palestine.

7.      It will be difficult for India to sustain the pressure of the uprising of Kashmiris.  Palestinians do not have much support except that of Hamas, but the Kashmiris will have support from Sikhs, Pakistan and others. 

8.      With Iran in opposition to Israel, time is not far away where it may reconsider its relations with India and start supporting the struggle of Kashmiris.

9.      The abrogation of article 370 must have been discussed with UK, USA, Russians and others who have given a nod. However, China, will be ready to seize the opportunity for the division of India.

Therefore, by abrogation of article 370, Mr. Modi has fathered the disintegration of India. The Caesarean Section probably will be performed by China and the labour will be assisted by Pakistan, Nepal, Bhutan, and Sri Lanka along with the Indian states aspiring for independence.  

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