Problem Solving and Decision Making

Batch of 2016-18

Term 1, June sep2016

PEACE IN JAMMU AND KASHMIR

by Group Q1, Section 3, Batch of 2016-18 consisting of Aman sharma, Anindita chakrobarty,
Anish kumar, Divya Rawat, Prajakta sawant and Vishal shankar.
1. Introduction
In this article, we discuss how international involvement, introduction of article 370, cross
border terrorism, Armed forces and other institutions had adverse effects on Kashmiri people
and the increase in separatist resentment among the Kashmiris as the counter intuitive
outcome of the above mentioned activities.
2. Background
Britishers before leaving India in 1947 gave an option to the princely states whether to remain
independent or merge with India or Pakistan. Then maharaja of Kashmir, Hari Singh decided
to remain independent in cognitive of the turmoil around. India and Pakistan were already in
loggerheads over territorial disputes including Kashmir. After Pakistan intruded Kashmir
Maharaja Hari Singh came down to India for help. Then Law minister of India Dr.B.R.Ambedkar
argued that they would help only on a condition that Kashmir is integrated into the Indian
Union. However, maharaja counter argued that due to some geographical and demographical
constraints Jammu and Kashmir was not yet completely ripe for integration (given the IndoPak war). Maharaja demanded for Kashmirs own constitution and people will determine the
sphere of jurisdiction of union over the state. When there is real peace and harmony,
economic upsurge in the state, Kashmir like any other princely state would integrate into The
Union of India. Thus article 370 was drafted according to the conditions laid down by the
maharaja on a mutual agreement. It gave a special status to Kashmir excluding it from most
of the institutions of republic of India except defense and external affairs (Diplomatic affairs).
Sheik Abdullah(then prime minister of Kashmir) and the union cabinet minister
Gopal.K.Ayyangar were in charge of drafting the bill. The bill was drafted in the absence of
P.M Jawaharlal Nehru. He was in the U.S to address the Congress. Hence Ayyangar was made
the in charge since he was an ex diwan to the prince of Kashmir and he knew the situation
better than anyone else in the Nehru cabinet.

Prof. Debmallya Chatterjee, TAPMI, Manipal

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Problem Solving and Decision Making

Batch of 2016-18

Term 1, June sep2016

The following are few key features of the originally drafted bill (Article 370)
The citizens of Jammu and Kashmir along with the citizenship of India would get a special
citizenship of Kashmir. The citizens of Kashmir do not fall under the jurisdiction of Supreme
court of India, but only the high court of Jammu and Kashmir. A state flag was recognized and
permission was granted for its use as long as it does not rival the National flag. The president
of India enjoys same powers in Kashmir as he does in the Union of India. The citizens of
Kashmir enjoyed their own set of fundamental rights (most of which are part of rights of
Indian citizens). Only a citizen of Kashmir could hold a property in that land. People from the
rest of India could not marry a girl from Kashmir domicile, If does then girl shall no longer
enjoy the citizenship and other special provisions of a Kashmiri citizen.
Is Article 370 still intact in its original form? One of the biggest myths is the belief that the
autonomy as envisaged in the Constituent Assembly is intact. A series of Presidential Orders
has eroded Article 370 substantially. While the 1950 Presidential Order and the Delhi
Agreement of 1952 defined the scope and substance of the relationship between the Centre
and the State with the support of the Sheikh, the subsequent series of Presidential Orders
have made most Union laws applicable to the State. In fact today the autonomy enjoyed by
the State is a shadow of its former self, and there is virtually no institution of the Republic of
India that does not include J&K within its scope and jurisdiction. The only substantial
differences from many other States relate to permanent residents and their rights; the nonapplicability of Emergency provisions on the grounds of internal disturbance without the
concurrence of the State; and the name and boundaries of the State, which cannot be altered
without the consent of its legislature. Remember J&K is not unique; there are special
provisions for several States which are listed in Article 371 and Articles 371-A to 371-I.
Can Article 370 be revoked unilaterally? Clause 3 of Article 370 is clear. The President may,
by public notification, declare that this Article shall cease to be operative but only on the
recommendation of the Constituent Assembly of the State. In other words, Article 370 can be
revoked only if a new Constituent Assembly of Jammu and Kashmir is convened and is willing
to recommend its revocation. Of course, Parliament has the power to amend the Constitution
to change this provision. But this could be subject to a judicial review which may find that this

Prof. Debmallya Chatterjee, TAPMI, Manipal

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Problem Solving and Decision Making

Batch of 2016-18

Term 1, June sep2016

clause is a basic feature of the relationship between the State and the Centre and cannot,
therefore, be amended.
3. Decision and Expected Outcome
The Indian government envisaged peace in Kashmir and drafted article 370. They thought
giving special status to Kashmir would give citizens a greater degree of freedom and hence
make them economically more inclusive. It was about empowering people, making people
feel that they belong, and about increasing the accountability of public institutions and
services. Article 370 is synonymous with decentralisation and devolution of power, phrases
that have been on the charter of virtually every political party in India. There is no
contradiction between wanting J&K to be part of the national mainstream and the States
desire for self-governance as envisioned in the Article.
4. Actual Outcome
Has Article 370 strengthened separatist tendencies in J&K? Separatism grows when people
feel disconnected from the structures of power and the process of policy formulation; in
contrast, devolution ensures popular participation in the running of the polity. It can be
reasonably argued that it is the erosion of Article 370 and not its creation which has
aggravated separatist tendencies in the State. The Intrusion of Pakistan into the territory,
cross border terrorism, Engagement of armed forces and Armed forces special powers act,
media exaggeration, demographics etc are some of the major reasons behind the unrest in
Kashmir. Since there are always cease fire violations in Kashmir and army has to step in every
now and again, there is always some kind of a turmoil there resulting in a disconnect.
5. What did the decision maker overlook?
Counter intuitive outcomes such as unrest in Kashmir arise when the initial decision makers
ignore certain key aspects or few key stake holders in the decision. What, then Indian
government did not foresee is that even though a special status is given to Kashmir, due to
the territorial dispute with Pakistan there would always be a turmoil in the valley. The
economic inclusion will only happen if citizens of the state are willing to accept and be an
integral member of the nation altogether. Hence now the government is mulling to scrap the
Prof. Debmallya Chatterjee, TAPMI, Manipal

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Problem Solving and Decision Making

Batch of 2016-18

Term 1, June sep2016

article 370 with the help of state government and make it more inclusive, so that even the
people of the state will get a sense of belongingness which is very important for peace and
harmony.

6.The Causal Loop Diagram

1.The first reinforcing loop 1-2-3-4 arises out of decision of central government to give a
special status to Kashmir expecting special rights to people will ensure peace in the place
2.Now the balancing loop 1-5-6-7-8 arises due to increasing separatist ideology among
Kashmiris
3.Balancing loop 11-12-13-14 is due to the armed forces special act which decreases harmony
among masses in Kashmir which ultimately results to decrease in peace in Kashmir. Various

Prof. Debmallya Chatterjee, TAPMI, Manipal

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Problem Solving and Decision Making

Batch of 2016-18

Term 1, June sep2016

other factors like false media reporting, loss of life and property due to wars were also some
reason that result in decrease in harmony among masses in valley.
When decision makers integrated Kashmir into India they have given certain special rights to
Kashmir expecting it to be as peaceful and harmonious as any other state in India, But what
followed were the couple of balancing loops which are the counter intuitive outcomes of the
above decisions.
References

1. Accessed online from

http://www.thehindu.com/opinion/lead/understanding-article370/article5426473.ece

2. Accessed online from

http://www.satp.org/satporgtp/countries/india/states/jandk/documents/papers/del
hi_agreement_1952.htm

3. Accessed online from

http://www.indiandefencereview.com/news/article-370-the-untold-story/

4. Accessed online from

https://en.wikipedia.org/wiki/Article_370

Prof. Debmallya Chatterjee, TAPMI, Manipal

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