Kashmir-Pakistan Isolated: RSTV – Big Picture

Rajya Sabha TV programs like ‘The Big Picture’, ‘In Depth’ and ‘India’s World’ are informative programs that are important for UPSC preparation. In this article, you can read about the discussions held in the ‘Big Picture’ episode on “Kashmir- Pakistan Isolated” for the IAS exam.

Kashmir- Pakistan Isolated: RSTV – Big Picture:- Download PDF Here

Anchor: Frank Rausan Pereira

Guests: Maj Gen (Retd.) Ashwani Kumar Siwach, Defence Expert; S.R. Tayal, Former Ambassador; Prof. Harsh V Pant, Distinguished Fellow and Head of Strategic Studies ORF  Strategic Studies.

Context:

• Pakistan Prime Minister Imran Khan has been raising the Kashmir issue in every forum possible. He admitted that there were, however, no takers of the Kashmir issue from the International community. 
• In an interview with DW, a German state-owned public international broadcaster, Pakistan Prime Minister Imran Khan said that there has been a “lukewarm response” to the Kashmir issue and said that “commercial interests are more important for the Western countries”.
• The Prime Minister Imran Khan made the comments days an informal closed-door consultation on the Kashmir issue was held in the UN Security Council in New York.

Larger Background: A brief look at the history

Kashmir had always had a conflicted status. One would need to understand its history to better understand the events that followed.

• • During Independence, Kashmir was a princely kingdom ruled by the Dogra Dynasty. Being a princely state, Kashmir was given the option of choosing to join the Indian dominion, Pakistani dominion or to remain independent according to the Indian Independence Act, 1947.
  • Kashmir chose to remain as an independent province, without realizing the gargantuan military resources they would require to exist as an independent province. Shortly after this, Pakistan seized this opportunity to capture parts of Kashmir. 
  • Realizing the gravity of the situation, king Hari Singh had requested India’s help. India agreed to help, however on a conditional basis.
  • The king of Kashmir had to then sign the Instrument of Accession (IoA) in 1947, and make Kashmir an integral part of India. 
  • On October 17, 1949, Article 370 was added to the Indian constitution, as a ‘temporary provision’, which exempted Jammu & Kashmir, permitting it to draft its own Constitution and restricting the Indian Parliament’s legislative powers in the state.
  • Article 370 was introduced into the Indian Constitution under Part XXI with respect to the state of Jammu and Kashmir.
    • Part XXI of the constitution consists of Articles on Temporary, Transitional and Special Provisions.
  • Article 370 restricts the Parliament’s legislative powers with respect to the state of J&K and limits it to the matters of Defence, External Affairs and Communication.

• Article 370:
• • Exempted J&K from the provisions of the Indian Constitution and the laws passed by the Parliament except in matters of defence, external affairs, and communication.
  • It allowed J&K to have a constitution of its own and a Constituent Assembly was elected in 1951, to formulate the constitution of Jammu and Kashmir.
  • The Indian Constitution and the Laws passed by the Parliament were extended to Jammu and Kashmir only with the concurrence of the State Government.
• A president’s rule was declared in Jammu and Kashmir until the State came up with its own constitution. The Constituent Assembly was formed in 1951 and the new constitution was adopted in 1956. 
• Article 370 was supposed to be revoked by the Constituent Assembly after the adoption of their constitution, however, the Constituent Assembly dissolved itself in 1957 without revoking the temporary provision and hence it started acquiring a permanent nature.
• According to the special privileges offered by Article 370, a Presidential Order can be modified by the President only after obtaining the consent of the Sadar-i-Riyasat (Head of the State) or after obtaining the consent of the Constituent Assembly.  
• However, the Constituent Assembly was dissolved in 1957 and the office of Sadar-i-Riyasat was abolished and replaced by the office of the Governor.

How did the Indian Government supersede the Presidential Order of 1954?

• The Indian government was able to supersede the Presidential Order of 1954 and make Article 370 inoperative by using the provisions of Article 370 itself. 
• A new interpretation of Article 370 was provided by amending Article 367.
  • Article 367 provides various guidelines about how the Constitution may be interpreted.
• New clauses had been added to Article 367 in all matters of Jammu and Kashmir.
  • All references to the Sadar-i-Riyasat would henceforth refer to the Governor of Jammu and Kashmir.
  • All references to the State Government of Jammu and Kashmir had been replaced by the Governor of Jammu and Kashmir.
  • And all the references to the Constituent Assembly in Article 370 (3) had been replaced with the Legislative Assembly.
• Due to the new interpretations given by Article 367, the State Government of J&K would henceforth refer to the Governor of J&K. Thus, while issuing the new Presidential Order, the President had obtained the consent of the Governor of the State, as the State was under the President’s rule.

Abrogation of Article 370:

• • The Union Home Minister had tabled two resolutions in the parliament:
    • The first resolution notified a Presidential Order which superseded the Presidential Order of 1954. The Presidential Order was notified after the Governor’s concurrence was obtained to render the provisions irrelevant.
      • Article 370 was rendered inoperative under article 370 (1). 
    • The second resolution was to reorganize and bifurcate the state of Jammu and Kashmir into two new Union Territories:
      • Union Territory of Jammu and Kashmir
      • Union Territory of Ladakh
    • The Presidential Order, 2019 states that all the provisions of the Indian Government would apply to the Jammu and Kashmir. It also rendered the J&K Constitution inoperative.

Interpretation of Prime Minister Imran Khan’s statements:

• Pakistan Prime Minister Imran Khan tried to make abrogation of Article 370 as an international issue that was capable of disrupting the peace. However, the world acknowledges J&K to be an internal issue of India.
• There are, however, no takers of Pakistan’s perspective, especially in the United Nations Security Council (UNSC). 
  • Ministry of External Affairs (MEA) spokesperson Raveesh Kumar said that the overwhelming majority of the UNSC believed that the world body was not the right forum to discuss the Kashmir issue. 
• Pakistan is planning on raising the issue in the Organization of Islamic Conference (OIC) and they might raise the issue in the United Nations Human Rights Council (UNHRC) too.
  • The biggest failure for Pakistan came from the OIC, which raised its rhetoric objection to “human rights violations” in the Kashmir Valley but refused to get drawn in the diplomatic battle of Pakistan with India over the abrogation of special status to Jammu and Kashmir.
  • The OIC members value India more for economic engagement and strategic partnership than to pay heed to Pakistan’s knee-jerk reaction to an internal matter of India.
• His statement on western countries favoring commercial interests brings to light Pakistan’s credibility.
  • Pakistan had overhyped India’s action as the perpetration of genocide and religious majoritarianism. There was a large disparity between the actual situation and Pakistan’s statements.
  • Pakistan is also battling the possibility of being “Blacklisted” by the Financial Action Task Force (FATF). The FATF had issued warnings that Pakistan would be put on the Black List if it does not control terror funding by February 2020.
  • All of this is amidst the economic crisis that Pakistan is currently facing.

Analysis of the current scenario:

• The UK has backed out of supporting Pakistan as according to it Pakistan represents the “fundamentalist and divisive forces.”
• The ban on the internet and social media in J&K has left the sleeper cells and terrorists directionless. This has reduced incidents of terrorism.
• There is an effective implementation of Government Schemes and Panchayat elections, as the administration is functioning at the grassroot levels.
• This move was an attempt by the Government of India (GoI) to directly reach the people of J&K by sidelining the mainstream politicians and separatist elements.  It was also intended to empower the people of J&K through local democracy.
• Corruption has been curtailed to a large extent in J&K as a result of better governance and delivery of services.
• There is a pressure building up on Pakistan due to mis-governance in Pakistan occupied Kashmir (PoK) which is threatening to initiate revolts and protests from the citizens residing there.
• There is an ever present threat of Pakistan trying to spread false information in the valley.

India’s success at UNSC: 

• India is pro-actively engaged in the issue. The Indian diplomats are talking openly about Kashmir and good governance. 
• India is following the policy of aggressive and open diplomacy. India has been aggressive in its economic diplomacy. E.g with Turkey and Malaysia.
• Setting up clear limits with China.

Would China’s involvement be a problem for India?

• China is also illegally occupying parts of Jammu and Kashmir. The abrogation of Article 370 has not changed the status-quo on LOC. 
• China may feel threatened by the abrogation of Article 370 with respect to the huge investments (62 million dollars) the country has made in the China- Pakistan Economic Corridor. China is threatened by the possibility that India might reclaim the territories under Pakistan also. 

Way Forward:

• Normalcy restoration should be brought about in phases without coming under the pressure of the International Community.
• Social media regulation in J&K is of utmost importance, as it can result in the spread of misinformation.
• Radicalization in South Kashmir is still a problem and hence the deployed security forces should be stationed there for some more time.
• Good Governance should also be maintained and the government should reach out to the public for support while involving them in local democracy.

Conclusion: 

• The Government of India has been very successful in changing the past narrative of Kashmir. It has brought about a radical departure from the past, and India has put its best foot forward by sidelining the separatists and fundamentalists. It should however ensure that it maintains good governance in the valley.

Kashmir-Pakistan Isolated: RSTV – Big Picture:- Download PDF Here

Related Links:

Read previous RSTV articles here.