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
- 2024 Lok Sabha Elections: Need to pitch for Federalism and Special Status for Goa - Herald Goa - April 6th, 2024 [April 6th, 2024]
- 1999 constitution and the quest for true federalism - Nigerian Observer - April 6th, 2024 [April 6th, 2024]
- Federalism is not Apartheid The Mail & Guardian - Mail and Guardian - April 6th, 2024 [April 6th, 2024]
- Modi has delivered confrontational federalism: Congress | Siddaramaiah highlights 'injustices to K'taka | Inshorts - Inshorts - April 6th, 2024 [April 6th, 2024]
- Lebanese Pro-Federalism Activist Alfred Riachi: Prior To October 7, The Standard Of Living In Gaza Was Pretty ... - Middle East Media Research... - February 22nd, 2024 [February 22nd, 2024]
- The Potential Impact of 'Disease X' on Federalism in the U.S. - Medriva - February 22nd, 2024 [February 22nd, 2024]
- 'People's Charter' Puts Federalism at The Heart of Myanmar's Democratic Future - The Irrawaddy - February 22nd, 2024 [February 22nd, 2024]
- Siddaramaiah vs Modi: The 'cess-y' mess in fiscal federalism - Deccan Herald - February 22nd, 2024 [February 22nd, 2024]
- Ideas Of India: Devendra Fadnavis To Take A Deep Dive Into Role Of Collaborative Federalism In Nation-Building - ABP Live - February 22nd, 2024 [February 22nd, 2024]
- Potential of federalism should be realized: PM Dahal - The Himalayan Times - February 22nd, 2024 [February 22nd, 2024]
- Sensible education policy needed - The Kathmandu Post - October 9th, 2023 [October 9th, 2023]
- Both cooperative federalism and competitive federalism have their ... - Insights IAS - August 18th, 2023 [August 18th, 2023]
- Federalism to poll promises: South India CMs bring up host of local ... - South First - August 18th, 2023 [August 18th, 2023]
- Justice Mitchell (Alabama): "The New Bar Exam Puts DEI Over ... - Reason - May 20th, 2023 [May 20th, 2023]
- Season of instability - The Kathmandu Post - May 20th, 2023 [May 20th, 2023]
- Trump Indictment Tests Congress's Role in State Investigations - Bloomberg Law - May 20th, 2023 [May 20th, 2023]
- Big Business' New Plan Would Create Fifty New Immigration Policies - Federation for American Immigration Reform - May 20th, 2023 [May 20th, 2023]
- Senator decries move to block bill loosening Wisconsin abortion law - Milwaukee Journal Sentinel - May 20th, 2023 [May 20th, 2023]
- "Illegally buying time": Congress leader Abhishek Singhvi chastises ... - ANI News - May 20th, 2023 [May 20th, 2023]
- Baby Ninth Amendments Part IV: All the Rights but Not ALL the Rights - Reason - May 20th, 2023 [May 20th, 2023]
- Amid the Fight for Myanmar, Federalism Rises from the Grass Roots - United States Institute of Peace - May 18th, 2023 [May 18th, 2023]
- Lesson from Karnataka respect states and India's federalism - Deccan Herald - May 18th, 2023 [May 18th, 2023]
- Dr. Paul Nolette named director of Les Aspin Center for Government ... - Marquette Today - May 18th, 2023 [May 18th, 2023]
- Sen. Cramer Welcomes ND Witnesses, Discusses Water ... - Kevin Cramer - May 18th, 2023 [May 18th, 2023]
- Utilities, Transmission, and the Grid: An Interview with Ari Peskoe - Brown Political Review - May 18th, 2023 [May 18th, 2023]
- Six months after elections, provincial governments are still incomplete - The Kathmandu Post - May 18th, 2023 [May 18th, 2023]
- NON-FICTION: WHY FEDERALISM ENDURES IN PAKISTAN ... - DAWN.com - May 6th, 2023 [May 6th, 2023]
- Justice Scalia's Unpublished Dissent in Kelo v. City of New London - Reason - May 6th, 2023 [May 6th, 2023]
- Citizens, civil society hold the ruling party, BJP to account ... - SabrangIndia - May 6th, 2023 [May 6th, 2023]
- ED Proposes Title IX Athletics Rule Requiring Participation Based ... - The Federalist Society - May 6th, 2023 [May 6th, 2023]
- The Mysterious Case of the Imposition of Article 355 in Manipur - The Wire - May 6th, 2023 [May 6th, 2023]
- Non-BJP State Governments Not Exercising Accountability, Allowing ... - Daily Excelsior - May 6th, 2023 [May 6th, 2023]
- Two years of Stalin government in Tamil Nadu: Two steps forward - Times of India - May 6th, 2023 [May 6th, 2023]
- What is the issue of gubernatorial inaction in the legislative process ... - Insights IAS - April 29th, 2023 [April 29th, 2023]
- World Bank Approves $100 Million to Strengthen Nepal's Healthcare ... - ReliefWeb - April 29th, 2023 [April 29th, 2023]
- Canada's federal transfer payment system badly needs a tune-up - The Conversation - April 29th, 2023 [April 29th, 2023]
- 50 years of basic structure doctrine | Only safeguard against majoritarian govt: Sr Advocate Ramachandran - The Indian Express - April 29th, 2023 [April 29th, 2023]
- Federalism - Definition, Examples, Cases, processes - Legal Dictionary - February 20th, 2023 [February 20th, 2023]
- What is federalism? | State Policy Network - February 5th, 2023 [February 5th, 2023]
- UPSC Key- January 19, 2023: Learn about Annual Status of Education Report, Federalism and State Legislatures - The Indian Express - January 19th, 2023 [January 19th, 2023]
- Advantages and Disadvantages of Federalism American Government - January 6th, 2023 [January 6th, 2023]
- fiscal federalism | public finance | Britannica - December 26th, 2022 [December 26th, 2022]
- About ALEC - American Legislative Exchange Council - December 12th, 2022 [December 12th, 2022]
- Canadian federalism - Wikipedia - November 23rd, 2022 [November 23rd, 2022]
- U.P. bags top honours at PMAY-U Awards 2021 - The Hindu - November 23rd, 2022 [November 23rd, 2022]
- Political Line sc views on conversions rajiv convicts and federalism and more - The Hindu - November 21st, 2022 [November 21st, 2022]
- Byron Williams: The court is poised to rewrite federalism - Winston-Salem Journal - October 17th, 2022 [October 17th, 2022]
- Why Hindi may set the tone for 2024 - Deccan Herald - October 17th, 2022 [October 17th, 2022]
- A Myanmar roadmap: Charting the path to federal democracy - International IDEA - October 17th, 2022 [October 17th, 2022]
- Next generation of reforms should focus on reducing cost of doing business - Economic Times - October 17th, 2022 [October 17th, 2022]
- Nigeria And The Intrigues Of Insecurity -By Kene Obiezu - Opinion Nigeria - October 17th, 2022 [October 17th, 2022]
- Trudeau's aggressive federalism may leave Ottawa weaker than before - The Globe and Mail - October 15th, 2022 [October 15th, 2022]
- What is Federalism? | CSF - October 15th, 2022 [October 15th, 2022]
- Kerala Against Hindi Imposition; Terms Recommendations Attack on Federalism and Diversity of Nation - NewsClick - October 15th, 2022 [October 15th, 2022]
- 2023: Well Vote for Candidate Committed to Federalism, Diversity, Says UPU - THISDAY Newspapers - October 15th, 2022 [October 15th, 2022]
- Attorney General Knudsen fights Biden administration rule requiring states to reach net-zero highway emissions - Montana Department of Justice - October 15th, 2022 [October 15th, 2022]
- How Scotland can learn from Quebec's third way on constitution - HeraldScotland - October 15th, 2022 [October 15th, 2022]
- Federalism and Why Presidents Fail - THISDAY Newspapers - September 22nd, 2022 [September 22nd, 2022]
- Vedanta and the missing spirit of federalism - The New Indian Express - September 22nd, 2022 [September 22nd, 2022]
- Federalism Most Suited Idea For India In View Of Its Diversity, Centralising Whole Things Will Lead To... - Live Law - Indian Legal News - September 22nd, 2022 [September 22nd, 2022]
- Urging the Use of One Federal Decision Rule to Speed Up Bipartisan Infrastructure Law Projects - Kevin Cramer - September 22nd, 2022 [September 22nd, 2022]
- Constitution Day 2022: Celebrating the right to govern ourselves - Yellowhammer News - September 22nd, 2022 [September 22nd, 2022]
- From Augusta Constitution Day: What does it mean to you? - Press Herald - September 22nd, 2022 [September 22nd, 2022]
- Explained | The office of the Governor: its origins, powers, and controversies - The Hindu - September 22nd, 2022 [September 22nd, 2022]
- Geography Professional Speaker Series kicks off with alumnus from Ohio EPA on Sept. 23 - Ohio University - September 22nd, 2022 [September 22nd, 2022]
- Vector-borne diseases trouble Nepal every year as there is not a single entomologist - Online Khabar (English) - September 22nd, 2022 [September 22nd, 2022]
- The Gujarat factor in the development project - Hindustan Times - September 22nd, 2022 [September 22nd, 2022]
- The downslide in federal relations - The Indian Express - September 22nd, 2022 [September 22nd, 2022]
- Competition between states to attract investment will boost Indias economy - Moneycontrol - September 22nd, 2022 [September 22nd, 2022]
- For state of the nation, look at states of the nation: Niti Aayogs new chief says it will help states learn - Times of India - September 22nd, 2022 [September 22nd, 2022]
- Letters to the Editor: Queen injected vitality, vigour into lives of many - The Kingston Whig-Standard - September 22nd, 2022 [September 22nd, 2022]
- Climate action that runs on cooperative federalism - The Hindu - September 15th, 2022 [September 15th, 2022]
- The spirit of federalism - The News International - September 15th, 2022 [September 15th, 2022]
- Javier Perez Sandoval Receives the 2022 William Anderson Award - - Political Science Now - September 15th, 2022 [September 15th, 2022]
- A new Constitutional Convention is a very bad idea | Opinion - Knoxville News Sentinel - September 15th, 2022 [September 15th, 2022]
- Rodney Hero Receives the 2022 Barbara Sinclair Lecture Award - - Political Science Now - September 15th, 2022 [September 15th, 2022]
- Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; 20222023 Seasons for Certain Migratory Game Birds - Government... - September 15th, 2022 [September 15th, 2022]
- Increasing Threat To Federalism From Centrally Sponsored Schemes- Need To Form A Federal Front - Countercurrents.org - September 3rd, 2022 [September 3rd, 2022]
- Breakenridge: Supporting federalism is the only way Alberta can be a partner in LNG exports - Calgary Herald - September 3rd, 2022 [September 3rd, 2022]
- Two tools for tracking the American Rescue Plans local and national impacts - Brookings Institution - September 3rd, 2022 [September 3rd, 2022]