The only dispute is illegal occupation of its territories by Pakistan & China Prof. Bhim Singh

The so-called dispute vis-à-vis Jammu and Kashmir has two aspects to be analyzed

historically and scientifically. Firstly, the external factor which involves Pakistan and

China both though Bangladesh as a splinter off Pakistan is also a shareholder in the so-
called dispute. Secondly, the internal insecurity prevailing in the Indian State of J&K

because of the regional imbalances and discrimination at various levels of politics,

recruitments and development.

The entire State of J&K as it existed on 26th

Maharaja Hari Singh acceded to the Union of India when the Governor-General of India,

Lord Mountbatten accepted the Instrument of Accession which was signed by the

Maharaja on 26th

of J&K with its internationally established area of 84,471 sq. miles comprised of entire

Jammu Pradesh, Kashmir Valley, Ladakh region & Baltistan-Gilgit region (under illegal

occupation of Pakistan) including Hunza & Chitral. Pakistani-sponsored invasion of J&K

took on 20th

the Govt. of the Maharaja. Pakistan continues to occupy 33,958 sq. miles of our territory

in utter violation of UN Resolution of 13th

Menon who exposed Pakistani claims on the floors of the General Assembly of the

United Nations in 1957. Indian leadership failed to take a cognizance of several violations

of the UN Resolutions by Pakistan vis-à-vis J&K. Indian leadership as well as its mighty

Army under the leadership of General Kariappa was capable enough to liberate all

occupied territories immediately after J&K acceded to India. Another unforgiveable

blunder was committed by the Congress by piloting Article 306A as a draft proposal vis-à-

vis J&K. This proposal was piloted by Shri Ayyangar who was Incharge of J&K Affairs. This

was most unfortunate that there was not a single representative in the Constituent

Assembly from Dogra land nor from Ladakh or Gilgit. This proposal which was inserted in

the Constitution of India as Article 370 recognized Shri Hari Singh as the Maharaja of J&K,

though, for ulterior motives to ensure a platform for Sheikh Abdullah’s dynasty. Another

blunder committed by the Congress leadership in Delhi was that the Govt. of India kept

silent when Pakistan signed Karachi Agreement with China leasing out J&K’s territory in

Karakoram measuring 4500 sq. miles on 99 years’ lease to build a National Highway

connecting Beijing (China) with Peshawar (Pakistan). This was another grave violation of

the UN Security Council Resolution. Earlier, Pakistan had refused to withdraw J&K’s

occupied territories as per mandate of the UN Resolution, 13th

not care to withdraw its Armies from the occupied areas of J&K. On the other hand

Pakistan had occupied Mirpur (former District of Jammu) and Kotli, presently included in

the so-called ‘Azad Kashmir’ (POK). On 25th

Accession of the State, Mirpur fell in the hands of Pakistani Army. India stood helpless.

October, 1947 under the rule of Dogra

October, 1947 at his residential Amar Singh Palace in Jammu. The State

October, 1947 a month after Pakistan had signed Standstill Agreement with

August, 1948. It was the only Mr. Krishna

August, 1948. Pakistan did

of November, 1947 exactly a month after the

Gilgit-Baltistan fell in November, 1947.

China had grabbed 9,171 sq. miles of J&K’s territory in 1962 and continued

expanding its occupation. Roughly, 20,000 sq. miles of our territories is under the

Chinese occupation. The national leadership irrespective of political affiliations and

status in the Parliament have literally ignored these hard facts. There is no public

awareness either. Thanks to the political parties and the politicians who are more

interested in power game and revenue collection than attending to the national issues

confronting Bharata today. Pakistan has been bluffing the entire world vis-à-vis J&K.

Pakistan has illegally grabbed 28,000 sq. miles of J&K’s territory in Gilgit region which is

integral part of the Union of India by virtue of J&K’s Accession to the Union in accordance

with the Act of British Parliament. Indian leadership failed to create awareness in the

international fraternity on the grave violation of UN Resolutions by Pakistan. This was

also a tragedy of the time that Anglo-American Bloc joined hands together to destabilize

India. Pakistan was a strategic partner of the Anglo-American Bloc. USSR had highly

important role in the United Nations regarding J&K. The international situation has taken

a very important turn with the emergence of new, pragmatic and courageous leadership

in Russia after Vladimir Putin took over as President of the Russian Federation. Syria

would have turned into Iraq had Vladimir Putin not acted promptly and boldly for the

sake of peace in the Middle-East.

Minister Nawaz Sharief to wake up the so-called J&K ‘dispute’ in the White House during

his recent visit, this has to be accepted that the extremist elements have a powerful

voice within Pakistan to create a situation disturbing democracy in Pakistan. Equally, this

is very important for the politicians in the sub-continent to understand that the White

House leadership has undergone a sea-change during four decades, may it be,

Afghanistan or Persian factor or US internal situation which does not allow the US to take

a further plunge abroad. The economy of the US has been sinking and the leadership is

not unified. The US has discovered India as its most profitable market in all respects. The

US needs profitable customers and a growing market to sell their outdated stuff. Dr.

Manmohan Singh’s closing international voyage to China via Moscow on the eve of

elections to the Parliament of India deserves a special attention of the politicians,

intellectuals, historians, critics as well as friends and foes of India. The external factor

relating to J&K needs a strong, committed, courageous, secular and nationalist

leadership at the Centre. Pakistani Army has been over ambitious and tasted power

without any responsibility towards its people. General Kayani is not happy to retire on

November, 2013. It is the Army which is looking for any excuse to take over power.

That is possible only if there is a reason to create a national emergency. Prime Minister

Nawaz Sharief has no control over General Kayani. Nawaz Sharief might have pleaded

with US President Obama to save his government from the wrath of his own Army. The

J&K external factor has to be addressed by the Indian leadership. India needs a uniform

foreign policy and a common policy vis-à-vis Jammu and Kashmir. Nobody can separate

J&K from rest of the country. After all J&K forms integral part of the Union of India.

The internal factor that is caused insecurity rather disturbed the internal security

from time to time needs to be addressed by the Parliament of India. The internal conflict

Whatever may be the reasons, soft or compelling for Pakistan Prime

is created by the blunders of Indian leadership. The Parliament of India is fully competent

under Article 368 of the Constitution to amend any part of the Constitution. Article

370 is a temporary provision. Is there any example in the Constitutional history of any

democratic country in the world that temporary would last for more than half a century?

Article 370 recognizes Maharaja Hari Singh as the ruler or head of the Govt. of J&K. The

provision of Article 370 became infructuous, the day, the Constituent Assembly of J&K

terminated Monarchy in J&K on 20th

it before the Constituent Assembly of India to introduce Article 370 was to contain the

ruler of J&K as desired by Sheikh Mohd. Abdullah. Those who have been arguing to retain

Article 370 as permanent feature in fact are advocating for the restoration of Monarchy

in J&K. The latest claim of the J&K Chief Minister that J&K had acceded to the Union of

India and not merged is highly mischievous and reactionary for the reason that whatever

powers Maharaja Hari Singh had retained for himself and allowed by the Constituent

Assembly for ulterior purpose came to an end with the termination of the powers of

Maharaja Hari Singh on 20th

as the Parliament committed one more blunder by abdicating its authority to legislate in

respect of defence, foreign affairs, communications etc., the subjects which were

expressly transferred to the Union of India by Maharaja Hari Singh. For 63 years, the

Parliament has never cared for the people of J&K to legislate in respect of the Central

Subjects enumerated in the List-I. There was no occasion to empower President of India

as the viceroy of J&K with a mandate to issue Presidential Orders in case of emergency to

introduce Central Laws subject to the approval of the government headed by the

Maharaja of J&K (read Article 370). This is another unfortunate obstacle in the process of

the integration of the State with rest of the country that Article 370 empowers the

President of India to legislate by issuing Presidential Order rather the President of India

has powers to amend any provision in Article 370 provided such a legislation is

recommended by the Constituent Assembly of J&K. Does it mean that the Govt. of J&K is

enjoying power superior to the President of India even? Is President of India or the

Parliament under the control of the Govt. of J&K? Neither Maharaja is there nor

Constituent Assembly. Does it mean that Parliament of India has no power even to

amend Article 370 in order to integrate J&K further with the rest of the country? That’s

why reorganization of J&K is inevitable and the only way to strengthen National

Integration and ensure end of regional imbalances and discrimination at all levels. The

Parliament must respect the popular will of the people of J&K who acceded to the Union

66 years’ back.

August, 1952. The very purpose as Ayyangar put

August, 1952.

It is the Parliament alone which is responsible for the internal chaos in J&K

Bhim Singh

(Chief Patron, National Panthers Party, Member, National Integration Council

& Sr. Executive Member, Supreme Court Bar Association)