In the premises of the National Conference head office at Nawai Subah, security forces usually hang their garments to dry over festoon flags of Kashmirs grand old party. Office-bearers of the party say they dont ask the forces to remove these clothes. We feel hurt, but cant do anything about it. After the revocation of Article 370, regional parties are facing an onslaught. It is sad to see our flag being covered with underwear, pyjamas and shirts. If we say anything, BJP might make it a national security issue, says Imran Nabi Dar, spokesperson of the party, with a straight face.
But what does this act by the Indian security forces have to do with the larger debate on Indian federalism, and Jammu and Kashmirs position within it? To start with, it reflects the sense of powerlessness prevailing among regional political parties as well as the people of J&K.
ALSO READ: State Of The Union: How Centre-State Ties Have Fractured Over Time
On August 5, 2019, when the BJP government abrogated Article 370 amid a military siege, a communication blackout and the arrests of thousands, including three former chief ministers, the relationship of J&K with the Centre changed dramatically. Earlier, the state had a separate constitution. Now, as a Union Territory, Jammu, Kashmir and Ladakh had become separate territories under the Indian Constitution. Earlier, regional parties sought autonomy and self-rule, but now they fear to raise any such issue. There are now widespread rumours that political leaders of the states regional parties are being coerced to join other parties.
Since 1950, Kashmirs politics had revolved around the political issue of Kashmir and its resolution. National Conference would repeatedly talk of restoring autonomy to J&K as the lasting solution to the issue. Since August 9, 1953, when Sheikh Mohammad Abdullah was arrested, and J&K was relegated from an autonomous state within the Indian Union having its own PM and President, to a status equivalent to that of any other state within the Indian union, NC has been seeking restoration of the long-lost autonomy, with Article 370 acting as its bedrock. On June 26, 2000, the J&K assembly created ripples across the country, when, with Farooq Abdullah as chief minister, it passed an autonomy resolution with a voice vote.
There is democracy In other states, where Elections are held on time. But There is no federalism in case of J&K, says Harsh Dev Singh of the Panthers Party.
Prior to contesting elections in 1996, Abdullah had promised greater autonomy to the people. In 1996, there were around 6,000 to 7,000 militants operating in J&K, with no political party ready to contest polls, when Dr Abdullah jumped into the fray. Later, speaking on the autonomy debate in 1999, he had said, No one, including the NC, was ready to take up the challenge of elections then. But we were assured by New Delhi on autonomy, so we jumped into the electoral fray, putting at risk not only our lives, but also those of lakhs of people. After the resolution was passed, copies of it were handed over to the Intelligence Bureau and the Centre. However, the then NDA government rejected the resolution.
ALSO READ: Is Indian Federalism Reeling Under Burden Of One-Party Dominance?
Meanwhile, since its foundation in 1999, PDP has acted as a quasi-separatist party while seeking self-rule for J&K. Yet, in spite of their rhetoric, PDP formed the government with BJP in 2015, with Mufti Mohammad Sayeed as the chief minister, followed by his daughter Mehbooba Mufti after his death.
Now, both NC and PDP have filed petitions in the Supreme Court challenging the revocation of Article 370 and seeking restoration of statehood by giving up slogans of autonomy and self-rule.
ALSO READ: Federalism And The Idea Of Regionalism
Despite raging conflict and insurgency, J&K under Article 370, which governed the Centres relationship with Jammu and Kashmir and was seen as an essential facet of Indias federalism, was enjoying its fruits. Constitutional experts and political parties in the state, especially NC and PDP, would always describe Article 370 as a tunnel through which the Constitution of India is applied in Kashmir. In 2014, NC vice president Omar Abdullah famously said Article 370 is the only link between J&K and the rest of India.
It must be said here that Jammu and Kashmir was not the only state enjoying special status in matters of land and identity. Under Article 371A, Nagaland also enjoys a special status, and no act of Parliament is automatically extended to Nagaland in matters of religious or social practices, ownership and transfer of land and resources, unless the state legislative assembly takes a call on it. In spite of Article 370, industrialists from across the country could get land on 90-year lease in J&K. Now, political parties in the Ladakh UT are seeking full statehood for their region, along with Article 371A like guarantees.
ALSO READ: Punjab Haunted By The Past It Wants To Forget
GoIs agenda of undermining and trampling the spirit of federalism started with J&K, Mehbooba tells Outlook. Never in Indian history was a state demoted to a UT and robbed of its special status. More so, in a conflict region, centralised rule with an iron fist and obliterating the middle ground of mainstream parties is fraught with danger. Alarm bells for regional and opposition parties should ideally have rung in 2019 itself, when Article 370 was abrogated, says the former CM.
But perhaps the opposition didnt anticipate that this model would be replicated in other states too. Whether it was expanding the BSFs jurisdiction in Punjab and West Bengal, or the rude behaviour of BJP-appointed governors in opposition-ruled states, it is clear these are all a follow-up to what was done in Kashmir, she adds.
ALSO READ: Size Matters: Why Tiny Goa Needs To Be Heard More Often
While Mehbooba calls the abrogation of Article 370 on August 5, 2019 the root cause of the disempowerment of the people of J&K, many academics feel the former state hasnt enjoyed the fruits of Indian federalism right since 1950.
Professor Siddiq Wahid, former vice-chancellor of Islamic University of Science and Technology at Awantipora, says India has never seriously dealt with the idea of regionalism or federalism. You wont find the word federal anywhere in the Constitution of India! he says.
The reason for this is that at the time of independence, neither the domestic leadership nor foreign powers were confident that the new nation would survive. The fear of break-up was expressed by the use of the term fissiparous tendencies. This fear introduced a biaswhich still existsagainst giving regions their due. And now it has become habituated. The fate of J&K is an extreme example of this fear, but if you examine Indias post-Independence history, you will note that centralisation has always been the thrust of New Delhis agenda, Prof Wahid says.
ALSO READ: Renegotiating Indias Federal Compact
He adds that New Delhi is willing to decentralise power in states by breaking up larger ones, such as forming Chhattisgarh, Uttarakhand and Telangana, but it has never been willing to decentralise the powers of the Centre. Specific to J&K, and in particular where it concerns us in Kashmir, the Government of India has whittled away at the first contract it formed with usthe Delhi Agreement of 1952which was contravened the very next year (1953) with Sheikh Abdullahs arrest. So, Delhi has always been insincere with promises contained in things like Article 370 or the accommodation of Article 35A, while Kashmiris have been naive.
He adds that this reality will never be admitted by an Indian nationalist, be they liberal or Hindutva. It is this foundational insincerity, of which all political parties at the Centre have been guilty, that has led to a collapse of trust between Delhi and Srinagar, he says.
ALSO READ: Right In The Centre: The New Power Structure In Dilli Durbar
Right now, fear and a sense of disempowerment prevails across both Kashmir and Jammu. But it is predominantly within the political class. Speaking at her Fairview residence on Gupkar Road earlier this week, Mehbooba reflected on the mood within regional parties. Since the abrogation of Article 370, everyday life is being made complicated for people. Every other day, orders are issued to usurp even those rights of the people of J&K that they were enjoying under the Indian Constitution, Mehbooba says. It has become difficult to figure out who is the worst sufferer in Kashmir. You chose any fieldpoliticians, journalists or the youtheveryone is being made to suffer. It is the only place where journalists are made to flee, she says.
NC spokesperson Imran Nabi Dar says J&K was not the only place enjoying some guarantees under Article 370. We were given rights by the Constitution of India. They took those away by locking us in jails, lock, stock and barrel, Dar says. Federalism in J&K can only be rescued by the Supreme Court. Let it hear petitions challenging Article 370. We believe the court will restore Article 370 and with it, confidence in federalism not just in J&K, but across the country, says Dar. The majority of the people in J&K, though, are sceptical. In J&K, people are being treated like insects. There is no hope. There is fear everywhere. Nobody is talking. It has been almost four years since the assembly was dissolved, we still dont have elections, says former minister and Panthers Party leader Harsh Dev Singh. In other states, there is democracy. Elections are held on time. We have a proxy rule in J&K. There is no federalism when it comes to J&K, says Singh.
(This appeared in the print edition as "State of Exception in Paradise")
Centre-State Relations: Has The Concurrent List Outlived Its Utility
Mumbai Muddle: Why Maharashtra And Delhi Are Frequently At Loggerheads
How Dravidian Politics Acts As Bulwark Against Centralism
Ladakh Battling Centralisation To Save Identity Culture
How Regional Parties Are Becoming The Voice Of Small Communities
Manipurs Love-Hate Relations With Delhi
The Coalition Instinct: Bihars Manual Of Survival
Shifting The Goalposts: A Young Politicians Battle To Save Goa And Its Way Of Life
Naseer Ganai in Srinagar
The rest is here:
Constitutional Federalism: State Of Exception In The Paradise Of Kashmir - Outlook India
- With Padilla's election to Senate, is it time to talk about federalism again? - Philstar.com - June 11th, 2022
- The Swiss constitution a mix of democracy and federalism - SWI swissinfo.ch in English - June 11th, 2022
- What's the matter with the IAA? Taking a Closer Look at the Alberta Court of Appeal's Constitutional Analysis - Lexology - June 11th, 2022
- Why Is Federalism Important? - The Freeman Online - June 7th, 2022
- God Save the Queen! The Special Relationship and US Federalism - AMAC - June 7th, 2022
- 'I want to be the premier of all Quebecers,' Dominique Anglade says - Montreal Gazette - June 7th, 2022
- Political Line | Technology and Hindutva; dog walkers and federalism; Nitish turns the tables on the BJP - The Hindu - June 5th, 2022
- 2023 Presidential election: Issues and concerns - Part 2 Opinion The Guardian Nigeria News Nigeria and World News - Guardian Nigeria - June 5th, 2022
- Could overturning Roe end the abortion wars? Yes, thanks to federalism - Washington Examiner - May 21st, 2022
- Federalism and the failed pandemic response | Columnists | hampshirereview.com - Hampshire Review - May 21st, 2022
- Op-Ed: Leave abortion law to the states? Just look at the Fugitive Slave Act to see how that will go - Los Angeles Times - May 21st, 2022
- Panic-Driven Crypto & Stablecoin Regulation Would Create Further Instability - Forbes - May 21st, 2022
- UPSC CSE Key May 20, 2022: What you need to read today - The Indian Express - May 21st, 2022
- The Concurrent List is a hindrance to good federalism - Business Standard - April 29th, 2022
- Federalism in India - Federal Features & Unitary Features ... - April 27th, 2022
- Understanding Federalism | National Archives - April 27th, 2022
- First Five Years of Federalism in Nepal - Myrepublica - April 27th, 2022
- Reinstated Trump Water Rule Could Help Economy Grow - Heritage.org - April 22nd, 2022
- Technical support to teachers: Mentoring as an intervention - The Himalayan Times - April 22nd, 2022
- Rafael Nuez, the man who has been president of Colombia the most times - AL DIA News - April 22nd, 2022
- Chapter 3: Federalism and the Separation of Powers ... - April 13th, 2022
- Global federalism is necessary to solve world problems - The Cougar - The Daily Cougar - April 13th, 2022
- Opinion: In Quebec, the only thing deader than sovereignty is federalism - The Globe and Mail - April 13th, 2022
- Kejriwals meeting with Punjab officials in Manns absence draws flak, Oppn calls it breach of federalism - The Financial Express - April 13th, 2022
- 'Pro-choice' is not the same thing as 'pro-Roe' - Washington Examiner - April 9th, 2022
- Federalism And The Idea Of Regionalism - Outlook India - February 19th, 2022
- Size Matters: Why Tiny Goa Needs To Be Heard More Often - Outlook India - February 19th, 2022
- Centre-State Relations: Has The Concurrent List Outlived Its Utility? - Outlook India - February 19th, 2022
- How Regional Parties Are Becoming The Voice Of Small Communities - Outlook India - February 19th, 2022
- A federalism issue, a political necessity - Deccan Herald - February 17th, 2022
- CPI(M) against TMC's plan to forge alliance in fight against BJP's 'onslaught' on federalism - Deccan Herald - February 17th, 2022
- Education and Federalism in Myanmar - The Irrawaddy News Magazine - February 17th, 2022
- Tamil Nadu CM MK Stalin opposes one nation one registration, says BJP posing threat to federalism - The Indian Express - February 17th, 2022
- Federalism and the Nigeria of our dreams (III) - NIGERIAN TRIBUNE - February 17th, 2022
- Only BJP can save Punjab from the scourge of drugs, says Prime Minister Narendra Modi - The Tribune India - February 17th, 2022
- How Federalism Settled States vs Federal Rights - HISTORY - February 7th, 2022
- 15 Advantages and Disadvantages of Federalism ConnectUS - February 7th, 2022
- The India Fix: How big a force is federalism on the ground in Indian politics? - Scroll.in - February 7th, 2022
- The Victims of The So Called Federalism Battle-cry - Burma News International - February 7th, 2022
- All EAOs invited to Diamond Jubilee Union Day celebration, preliminary peace talks - Eleven Myanmar - February 7th, 2022
- Rebecca McQuillan: The real threat to independence that could save the Union - Yahoo News UK - February 7th, 2022
- The Extreme Difficulty of Diplomatically Resolving the Ethiopian War - The McGill International Review - February 7th, 2022
- Why federation reform should be an urgent priority - The Saturday Paper - February 7th, 2022
- The Republic Day is a reminder of the spirit of federalism and why it is under strain - The Indian Express - January 21st, 2022
- Should Democrats look to the states? - The Week Magazine - January 21st, 2022
- Peace talks will be held if the NCA and the constitution do not affect the building of a union based on democracy and federalism: SAC's Chair - Eleven... - January 21st, 2022
- PDP ready to shove APC out of power at the centre Agbaje - New Telegraph Newspaper - January 21st, 2022
- The Constitution's Basic Principles: Federalism ... - January 19th, 2022
- Proposed amendment to IAS cadre rule 1954 'against spirit of cooperative federalism': Mamata Banerjee writ - Economic Times - January 19th, 2022
- Nepal`s ruling coalition parties agree to hold local elections in April - WION - January 19th, 2022
- Beyond the Accord and beyond India's reach - NewsIn.Asia - January 19th, 2022
- What US Gets Wrong About Vaccines That Other Countries Get Right - UT News - UT News | The University of Texas at Austin - January 19th, 2022
- Letters: Let's lance the Indy boil with a fully informed vote - HeraldScotland - January 19th, 2022
- Uttar Pradesh Assembly polls | Mamatas campaign for SP will help BJP: Adhikari - The Hindu - January 19th, 2022
- More could be done to restore peace as invitation already extended for peace talks resumption: Snr Gen Min Aung Hlaing - Eleven Myanmar - January 19th, 2022
- Biden's Higher Education Agenda, One Year In - The Dispatch - January 19th, 2022
- Federal control of elections, and getting the filibuster out of the way - Bluefield Daily Telegraph - January 19th, 2022
- How Ghana lost its federalism -- and lessons for others - The Conversation CA - January 11th, 2022
- Opinion | Why the politics of blame avoidance shouldn't be working in Canadian federalism - NiagaraFallsReview.ca - January 11th, 2022
- Extending GST compensation as a reform catalyst - The Hindu - January 11th, 2022
- Administrative federalism - The News International - January 9th, 2022
- Federalism and the Value of Institutional Experience During a National Disaster: Identifying Determinants of Rapid Emergency Medicaid Waiver Adoption... - January 9th, 2022
- 'Local control' of government is a hallowed idea in Wisconsin. Here's what we can do to give it real meaning again. - Milwaukee Journal Sentinel - January 9th, 2022
- Lowry: The left supports the Constitution until it doesnt - Boston Herald - January 9th, 2022
- Governors are the last adults standing in American politics | TheHill - The Hill - January 9th, 2022
- Time to remove insincerity from resource control Opinion - Guardian - January 9th, 2022
- Sorry, Democrats: Civil War isn't likely even if you're trying to provoke one - New York Post - January 9th, 2022
- Opinion: It will be a dreary Christmas in Ethiopia this year, and here's why Americans should care - Iowa City Press-Citizen - January 9th, 2022
- Indian Origin Tamils and Muslims refused to ink Tamils' joint letter to Indian PM - NewsIn.Asia - January 9th, 2022
- What is Federalism? - Definition & Factors of U.S ... - December 29th, 2021
- Masari: Power rotation will strengthen our federalism - TheCable - December 29th, 2021
- Nagaland To Lakhimpur Kheri: Rights, Regimes And Restitutions in Times Of Turbulence - Outlook India - December 29th, 2021
- Poland accuses Germany of trying to form 'Fourth Reich' - DW (English) - December 29th, 2021
- Federalism is the answer, after all - Part 61 Opinion The Guardian Nigeria News Nigeria and World News - Guardian Nigeria - December 23rd, 2021
- PREP Act Preemption: There is no COVID-19 Exception to Federalism - JD Supra - December 23rd, 2021
- What the Pandemic Has Taught Us About American Democracy - The Nation - December 23rd, 2021
- Combatting air pollution in Northern India: Cooperative federalism is the way forward - Observer Research Foundation - December 23rd, 2021
- Ethiopia: A regressive vision spells the end of the republic - The Africa Report - December 23rd, 2021
- New Federalism - Wikipedia - December 7th, 2021
- Federalism: Basic Structure of Government | United States ... - December 7th, 2021