US Presidential Elections: American Dream & Indian Reality

Terror became a serious problem to warrant launching of “war” against it ( the term was used for the first time only in September 2001 by then US President George Bush) only when the Twin Towers in New York City were attacked. India had been a victim of terror for decades prior but had to fend against it alone.

Majoritarianism was so illiberal and anti-democratic that India was lectured about its vice but becomes a legitimate basis of the claim to undermine the legal process to elect the President of United States despite the system being consciously so devised by the framers of the American Constitution and there being four earlier instances of such an event happening.

Illiteracy and consequent improbability of a functional democracy was often used to pillory India’s democratic credentials but the elite and the educated do not control the electoral results even in the United States.

Tolerance was taught to India,  a society far more diverse and multicultural than the United States, but extreme intolerance to an outcome is being celebrated in a manner which will shame the most intolerant of societies.

Nostalgia for a hoary past was denounced as regressive in India but invocation of that nostalgia propelled a candidate to be the President of the country.

The frustrations towards a system which denied majority of Indians both voice and rights became a communal issue in India despite the American experience showing it is just a secular reaction of sapient and sentient population to problems of every day life the religion of those suffering an inane element having no relevance to the reaction.

India was mocked for its elitism and derided as a feudal set-up masquerading as democracy but it are the privileged and the elite who are mocking democracy in the United States.

The unity of India was made subject of ridicule. But see the deep divisions in the so-called cohesion of an apparently well-integrated society.

And viability of Indian institutions was often doubted but there has never been an instance when the results of a national election, no matter how unfavourable, were ever demurred to, or contested or disregarded in this country.

Its a no-contest between and American Dream and the Indian Reality!

KASHMIR & MYTH OF “OCCUPATION”

“After Independence, the accession of Kashmir was done following the India-Pakistan war on the pretext that a plebiscite will be conducted when the situation gets back to normal and since then it (janmat sangrah) has not happened.” Thus spoke one Nivedita Menon who is a JNU Professor. She also said that India, an “imperialist” country is “illegally occupying Kashmir”.

Mark Twain famously remarked, “Get your facts first then you can distort them as you please.” In the instant case distortion is being paraded as facts.

The India Independence Act, 1947 created a sovereign Dominion of India which came into existence on August, 15, 1947. Under the said Act the suzerainty of the British Crown over the Indian States (including Jammu &Kashmir) also lapsed and they consequently regained there sovereignty. In exercise of this sovereignty the Indian States were competent to succeed to either of the two Dominions.

On October 26, 1947 The Maharaja signed Instrument of Accession with India thus recognising the fact that his State was part of the Dominion of IndiaThe Instrument of Accession was in the same form as was executed by Rulers of other states which had acceded to India and the legal consequences cannot be any different. The requirement of a plebiscite was not part of the Instrument of Accession. The acceptance of the Instrument of Accession was unconditional.

This position was reflected in the Constitution of India when it was made in 1949 and declared Jammu & Kashmir as part of the territory of India in Article 1. Article 370 itself states that Article 1 applies to the State.

The Constituent Assembly of Jammu &Kashmir ratified the accession to India in February 1954 and the President of India issued Constitution (Application to Jammu & Kashmir) Order, 1954 which added all Union subjects under the Constitution of India (not the three subjects of Defence, Foreign Affairs and Communications).

The Constitution of Jammu & Kashmir adopted on November 17, 1957 with effect from January 26, 1957 declares the State of Jammu & Kashmir to be “an integral part of the Union of India”. The choice of January 26th as the date from which the constitution was to take effect is significant as it was on this day that the Declaration of Indian Independence (Purna Swaraj) was proclaimed by the Indian National Congress as opposed to the Dominion status offered by the British Regime and it was chosen as the day when the Constitution of India came into force.

Where then is the “pretext of a plebiscite”? A sovereign Princely State acceded to the Dominion of India which accession  was unconditionally accepted by it and the same was incorporated in the Constitution framed declaring India to be a Republic to be ratified subsequently by the Constituent Assembly of the State and eventually acknowledged in the Constitution of Jammu & Kashmir itself. 

The UNCIP resolution talked of a plebiscite but even that mandated the withdrawal of Pakistani troops and tribals which never took place. And Mountbatten’s letter, apart from being a unilateral and ultra-vires act without the approval of the Council of Ministers could not only not alter a completed accession but at best was statement of intent which was fulfilled by subsequent developments.

Admittedly, elections to the Constituent Assembly were held in August-September, 1951 and all 75 seats were won by the National Conference. This itself is popular affirmation of the State’s accession to India.

Significantly the first official act which the Constituent Assembly of Jammu & Kashmir did was to end the princely rule of the Maharaja. His son was elected by the Constituent assembly itself. If what the Maharaja did was unacceptable would the Constituent assembly have elected his son as Sadar-i-Riyasat of Jammu & Kashmir?

Elections were held to the Jammu and Kashmir Legislative Assembly after the Constituent assembly was dissolved in 1957 and again in 1962 wherein 65% of the voters cast their ballot. Is this not vindication of the integration of the State into India? In fact in later elections in excess of 75% of the voters cast their votes! Presuming that any assurance of taking “people’s will” into account was given, this “will” has been repeatedly expressed by the people.

Jammu & Kashmir is India’s and will remain so and not because India is an imperialist country forcibly occupying it. Kashmir has not been colonised but has been constitutionally integrated into India. It was not for expanding investment, nor for acquiring material resources nor even to look for man-power that India sought to “occupy” Kashmir. The integration followed a legal process and in the very making of special provisions for it there is an absence of both dominance as also an enforced inequality in the relationship. There has been an engagement not conquest. And force is being used not to extend territory but only to preserve that which is its own.

India’s breakup is the agenda not the so called “occupation”.