Dr. Karan Singh's letter to Indira Gandhi on provincial autonomy:
Dr. Karan Singh took up the issue of provincial autonomy once again with Indira Gandhi vide letter dated 10.07.1967 in which he clearly states that “the present political structure of the state does not fulfill the genuine & democratic aspirations of the people of the people of its 3 regions – Kashmir, Jammu & Ladakh. One of the approaches could be to proceed with linguistic reorganization of the State, as has been done elsewhere in India. As this presented certain difficulties, it was suggested that a solution within the framework of the present State should be considered”.
Dr. Karan Singh was, in fact desirous of granting autonomy to all the 3 Regions of the state but he was taken aback because of a press conference on 26.06.1967 in Srinagar by Mr. Ghulam Mohammad Sadiq (Chief Minister of J&K) expressing that “…the idea of regional autonomy is completely against the interest of the State. It is rather a mischievous move”. Dr. Karan Singh also mentioned in his letter that the State Government through its Field Survey Organization was trying to “completely distort the whole idea of regional autonomy & arouse caste & communal prejudices against it”.
Hence, it can very safely be concluded that the Kashmiri political class, of whichever political grouping or ideological dispensation, was not interested in resolution of regional disparities even within the framework of the State constitution.
In the note attached to the letter dated 10.07.1967 titled “Regional Autonomy in Jammu & Kashmir” Dr. Karan Singh mentions as under:
“A) One political fact has now to be squarely faced. If Jammu continues to feel that its legitimate rights cannot be ensured within the framework of the present State, the demand for a complete breakaway from Kashmir is certain to grow. There are 3 clear alternatives open at present:
i) To maintain the status quo;
ii) To reorganize the State on a linguistic basis, extending to it that same principle that has been applied throughout the country;
iii) To work out a political arrangement whereby, retaining the unity of the State, each of its three regions is given political satisfaction.
The 1st alternative is evidently unsatisfactory, because continuance of the status quo will only lead to increasing political frustration, resulting ultimately in an explosive situation which we must seek to avoid. Statesmanship lies in meeting a genuine demand well before it reaches a point of ignition, and it will be tragic if vested interests are allowed to veto any proposal for improvement. Leaving aside the 2nd alternative for the time being, although there are strong arguments in its favour, the attached paper attempts to explore the broad features of the 3rd.
B) The main objectives of such a scheme must be:
I. to ensure that on a clear recognition of Jammu's personality & problems, its people enjoy the satisfaction of a genuine sharing of political power, a fair share of services broadly commensurate with their population within the State, & adequate attention to their economic & developmental problems – specially irrigation, power & communication.
II. to ensure that Kashmir benefits equally from the new changes, so that the sum total of political satisfaction in the State is substantially increased.
III. To ensure that Ladakh, with its peculiar geographical & strategic situation, receives the special attention that it deserves.
Some of the suggestions recorded in the attached note to the letter by Dr. Karan Singh could be a way forward, beyond 05.08.2019, for equi-distribution of power, resources & development between the two regions of the UT of Jammu & Kashmir, as mentioned by him on 21.10.2019, during the function in Jammu. As mentioned above, Dr. Karan Singh once again reiterated on 21-10-2019 during the function in Jammu that “It is important to ensure a fair distribution of economic, administrative and political powers between the two regions (Jammu and Kashmir)”.
In short the position of Dr. Karan Singh has remained unchanged for over last 70 years regarding provincial devolution of powers. This position becomes more relevant after abrogation of Article 370. Provincial devolution of powers together with delimitation of Assembly Constituencies can become a corner stone for proper and efficient governance of the UT.
Governance structure suggested by Dr. Karan Singh to Indira Gandhi for J&K:
Before going into the governance structure suggested by Dr. Karan Singh, in his letter to Indira Gandhi, he tries to put the Jammu region in a proper perspective. The note reemphasizes the following:
a. Jammu & Kashmir is the only State in India, which is bifocal by definition, the seat of Government moving between Jammu & Srinagar for six months every year……Although several other States in India have regional pulls, the position of Jammu is entirely different because its separate personality forms a basic feature of the State itself…..In 75 member Legislative Assembly, Jammu has 31, Kashmir 42 & Ladakh 2 seats.
b. Since the state of Jammu & Kashmir was founded in 1846, right up to independence in 1947, Jammu had a predominant position in view of the fact that it provided ruling class. This undemocratic situation came to an end with Independence; unfortunately, it was replaced not by a rational sharing of power between the two provinces but by the reverse domination of Kashmir over Jammu, which was as unfair & unacceptable as the earlier position. The situation today is that political consciousness is steadily growing in Jammu & with it the predominant feeling that if the State is to remain as one unit this can only be on the basis of both provinces getting a fair deal. Discontentment over the present set up has been long simmering & has erupted violently from time to time…..
Thereafter Dr. Karan Singh goes on to outline Governance structure that would facilitate autonomy to the two provinces – Jammu & Kashmir & create a political & administrative mechanism that would restore dignity & faith amongst the people. Ladakh, he envisaged, should be the “special responsibility of the Governor” (Ladakh has now been carved out as a separate UT).
Other measures suggested by him in the said letter are as under:
Legislature:
The note envisages that there should be one State Legislature & two Provincial legislatures for Jammu & Kashmir provinces. The Provincial Legislature should consist of the members from the respective Provinces & the Chief Minister of the State may attend their meetings but shall not vote (in my understanding in the Provincial Legislature where he is not a member).
ii. The Provincial Legislature shall exercise powers & functions as per powers delegated to them & legislation passed by them shall go directly to the Governor for assent.
Provincial Executive Council:
i. Besides the State Council of Ministers, there shall be an Executive Council for each Province under a DyCM to aid & advise the Governor in exercise of these functions which are delegated to the Provincial Legislature.
ii. The Provincial Executive Council shall be collectively responsible to the respective Provincial Legislature.
iii. The DyCM & other members of the Provincial Executive Council shall hold office during the tenure of the Governor.
Conduct of Provincial Council's Business:
i. The Governor shall make rules for the more convenient transaction of business of the PEC & for the allocation among the Members of the said business.
ii. It shall be the duty of the DyCMs:
a. To communicate to the Governor & CM all decisions of the respective EC relating to the administration of the affairs of the province & proposals for legislation;
b. To furnish such information relating to administration of the affairs of the province & proposals for legislation as the Governor or the Chief Minister may call for; &
c. If the Governor so requires, to submit for the consideration of the PEC any matter on which a decision has been taken by a member, but which has been considered by the council.
iii. All executive action of the PC shall be expressed to be taken in the name of the Governor or the EC of the province concerned
The note further states that the Administrative set up of each province should be under a Joint Chief Secretary & Govt Departments should have provincial heads functioning under the authority of the PEC. It also lays out the procedure for recruitment of people to the state & provincial departments & structure of public Service Commission. It also speaks about a State planning Board under the chairmanship of the Chief Minister with both the DyCM as Vice Chairmen of the Board. This framework, as communicated by Dr. Karan Singh to Indira Gandhi way back in 1967 is relevant even today. Of course, it may require some modifications because of the changed circumstances but the core of the idea remains the same.
Post 05.08.2019 Jammu & Kashmir is once again at the crossroad of political evolution. A misstep can make or mar the future of the people of the two provinces as well as their relationship. At the same time many of the ideas (not all, for obvious reasons) that Dr. Karan Singh spelt out through his letter to Indira Gandhi way back in 1967 seem to be relevant even today. Some of these ideas especially with respect to devolution of political and financial powers between the provinces, delimitation of assembly constituencies, if implemented with political honesty may enable creation of a system of governance through which the people of Jammu & Kashmir could lead a life of respect, dignity & mutual understanding for all times to come.
You may reach the author at jagmohansharma1602@gmail.com
