Constitution of India was still to go through a continuous process of restatements and amendments even after January 26, 1950. It would be quite relevant to quote some exerts from the STATEMENT of OBJECTS and REASONS to the Constitution (Seventh Amendment) Act, 1956 that among other things included Amendment of Article 1 and First Schedule to the Constitution : “In order to implement the scheme of States reorganisation, it is necessary to make numerous amendments in the Constitution with effect from the October 1, 1956…Clause 2- The reorganisation scheme involves not only the establishment of new States and alterations in the area and boundaries of the existing States, but also the abolition of the three categories of States (Part A, Part B and Part C States) and the classification of certain areas as Union territories. Article 1 has to be suitably amended for this purpose and the First Schedule completely revised. ”
But the way the State of J&K has been placed in the text of Constitution of India has provided enough of opportunities to anti-India nation ideologies and the adversaries of India republic over the years. No doubt improper handling of the Indian affairs at local and international levels during 1946-1947 and after October 26, 1947 by the then Indian leaders / Governments has provided enough of support points to those who tried to project the accession of J&K with India as a dispute. But had the provisions regarding J&K been drafted in the Constitution of India in another Part of Constitution of India like Part- VI or VII or VIII or IX & Part-XI (Relations between the union and the states) and not in the form volume of J&K Constitution outside the text of Constitution of India and had the GOI/ Parliament of India cared to apply timely constitutional dressings as regards the Article-370 (temporary provisions for J&K ) in included in Part- XXI along with other articles, it would not have provided opportunity to some to say that J&K is a constitutionally ‘separate’ State of India..
May be it was for such like apprehensions that some wise elders in 1949, who were not in favour of leaving certain subjects undecided and were not in favour of the style in which Constitution had been drafted in 1950, had debated/suggested for not keeping the provisions/drafts in fashion they have been placed fearing that some people may later misinterpret the contents and style of their placement. And that is what has been attempted with some success by some anti-elements all these years. And to add to the misfortunes the governments and leaders in Delhi did not provide timely proper clarifications/interpretations to the people J&K and or did not apply the constitutional dressings that were required to be done as regards the temporary provisions kept for J&K. So, the apprehensions expressed by some leaders in 1949 and 1950s have come true.
But one would ask, when:
1. In 1947, the Princely State of Hyderabad too had (though symbolic) also her own currency, also own postal stamps, her own army as well as her own airlines. Nizam of Hyderabad Mir Usman Ali Khan had even sent his representative in August 1948 to UN Security Council , it was only in September 1948 that his army surrendered before independent Bharat and it was after one year of that in November 1949 that the Nizam of Hyderabad had expressed total confidence /acceptance for the future Constitution of India that was near final drafting at that time. No confusion was left with Hyderabad;
2. As soon as it was known that Britain had accepted demands for Independence of India (British India) the Prince / King of Native State of Travancore, Chithira Thirunal Balarama Varma, is said to have issued a declaration of independence on June 18, 1947 but still decision for accession with Indian Union was taken by state in July 1947 itself and the State of Travancore-Cochin was established on July 1, 1949 (with the king of Travancore as the Rajapramukh); and State of Kerala came into existence on November 1, 1956 with appointed Governor after reorganisation in 1956.
(The writer is a columnist of Kashmir affairs and can be contacted at [email protected])