Abrogating special constitutional provisions would, in effect, take out the very raison d’être of some political segments and the space in which they operate would be squeezed out
Monday, August 5, 2019 would go down as a politically significant day, the day Jammu and Kashmir—India’s only Muslim majority state—got split into the Union Territory (UT) of Jammu and Kashmir (with a legislature) and the UT of Ladakh (without a legislature). It would also mark the day Article 370 (providing for special status for undivided J&K) got watered down in substantial measure and Article 35A (providing special rights and privileges to permanent residents) got done away with.
Now that the state has been geographical sliced, the political space has been much constricted. There is a big question over the fate and future of the regional political parties and the dynastic clans that ran the political show in the Kashmir Valley till now.
Abrogating special constitutional provisions would in effect, take out the very raison d’être or reason for existence of these political segments and the space in which they operate would be squeezed out. It was Sheikh Abdullah’s promise of an attractive and advantageous deal with India that lured Kashmiris to his side.
But in the cramping of political space, there is a danger of further triggering of insurgency. Common people seek to give outlet to their grievances through normal political tools. And when they do not exist, other tools including insurgency are sought. That, combined with the growing influence of the Wahhabi school of Islamic thought in Kashmiri society, adds a terrifying dimension.
To top it all, given the massive presence of security personnel in the Valley districts at the moment, the number of encounters and skirmishes are bound to grow in the near future, as would the alienation. The soft and hard approaches of the administration therefore will have to go adroitly hand in hand.
With Ladakh being made a UT, there is not much cheer in Kargil as it is in Leh. It is likely that the relations between the Buddhists from Leh and the Shia Muslims from Kargil may not be as easy and comfortable as it has been. The Shia Muslims find more grounds of commonality with the Sunnis from the Kashmir Valley.
Not to forget that Kashmir is indeed a geostrategic flashpoint. Located in the vortex of belligerent neighbours, a Chinese highway snaking its way across Pakistan-Occupied Kashmir and a forever troubled Afghanistan, it is a drawing magnet for the powers that be.
Not for nothing has US President Don Trump of late been mouthing about his keenness to mediate between India and Pakistan over Kashmir. A toehold is Kashmir would greatly facilitate much access to the US in both India and Pakistan.
But at the same time, Article 370 and 35A would continue to resonate in the corridors of the court and indeed a big bad judicial battle is in the offing.
Congress leader P Chidambaram has already sounded the bugle: “Passing an order under 370 to amend 370(d) to substitute legislative assembly for the words constituent assembly. Some wise men in the law ministry may have told the government that is possible. You cannot modify 370 under 370. It’s beyond comprehension”. The former home minister said a fatal legal error has been made, which the government will discover in due course.
Another senior Congress leader and eminent lawyer Kapil Sibal said: “There was no consultation with the Opposition, the people of J&K, the Assembly. In lieu of this are we meant to accept you will walk alone and act unilaterally because you have a manufactured majority?…Congress will protect the Constitution no matter what.”
Questioning the procedure adopted in Parliament, prominent lawyer Prashant Bhushan tweeted: “Bifurcation of J&K requires consent of the elected assembly of the state. Also any amendment through 370 to the subjects the Union can deal with in J&K, also requires consent of the J&K assembly. Can’t be done by just President or Governor’s consent. Unconstitutional.” In other words, the battle has ended, the war—which in the troubled Valley is one for the hearts and minds—may have just begun.
