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Soaring high Glitches in travel by toy train |
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Govt tests the waters on Hindi
The advent of the washing machine
Accession of J&K, a constitutional view
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Soaring high THE Polar Satellite Launch Vehicle (PSLV) has proved itself yet again to be a dependable workhorse of the Indian Space Research Organisation (ISRO). The latest launch put in space five satellites on behalf of foreign clients. Prime Minister Narendra Modi saw his first launch and used the occasion to spell out his vision before the scientists. The world is a family, he said, and reiterated that India's space programme was focused not on a desire for power, but on service. Thus, India shared disaster management data with over 30 countries. He asked ISRO to develop a SAARC satellite which would provide various applications and services to India's neighbours, thereby extending his SAARC-centric vision that was first visible at his swearing-in ceremony. ISRO has a long record of delivering excellence at a fraction of the cost as compared with the Western world. The PSLV has proved itself and powered the nation's space missions to the moon, and the one currently on way to the Mars. As it moves forward from the tried and tested PSLV to the temperamental Geosynchronous Satellite Launch Vehicle (GSLV) launch vehicles, which have much more potential, it will need the continued support of the government, which the Prime Minister's involvement indicated will be forthcoming. ISRO's original mission has been to provide the wherewithal to the country through which it can make and launch satellites that enhance its communication, broadcasting, remote sensing and disaster management capabilities. In this it has excelled and made the country proud. Even as ISRO celebrates the success of the latest mission, it must now also focus on increasing the payload capacity that it can deliver, for which it needs to master the much more difficult cryogenic technology that the GSLV requires. ISRO has had a mixed record on the GSLV, though every mission has been a learning experience. It needs to ensure that the GSLV launches deliver the same consistency as the PSLV, even as it works on the satellite that the Prime Minister has suggested for SAARC nations.
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Glitches in travel by toy train THE Kalka-Shimla train route was recently in the news for all the wrong reasons when tourists were stranded and traffic was disrupted on the national highway for nearly two hours. Excursions became nightmares for
travellers. The engine of the toy train had developed a technical snag at the Jabli railway crossing and the travellers had to wait while another engine came from
Kandaghat. Earlier too passengers of the chair car on the same route had created a ruckus when the roof of the train had started leaking and threatened to upload its pictures on social networking sites. A sure-fire dampener of the holiday spirit. The other two railway tracks, also world heritage sites, are West Bengal's Darjeeling Himalayan Railway and Tamil Nadu's Nilgiri Mountain Railway. The narrow-gauge track, an engineering marvel, meanders through lush forests, century-old under-bridges and over-bridges. The ascent begins from 2,100 ft above sea level at Kalka and crosses
Dharampur, Barog, Solan and Kandaghat before it reaches Shimla at 7,000 ft. The earnings from the toy train service, around Rs 12 crore a year, are well short of the maintenance expenses that amount to Rs 30 crore annually. The absence of a freight carriage on the route is the reason for the annual loss of Rs 18 crore. Heritage is priceless. Surely the Railways can maintain, showcase and optimise the Unesco heritage site to decongest roads. Allocation of funds should be made by the Railways for maintenance measures and safety assessment of the 102 tunnels and 891 bridges by technical experts. This heritage train can be pitched as a preferred option and the idyllic journey made unforgettable for tourists. In the days of 24x7 frenzied activity and jet-set lifestyles such an idyllic train journey as one savours the scenic beauty of the mountainous terrain can be a stress-buster. For this purpose, value-added services and more proactive, out-of-the-box measures by the Railways and the state tourism authorities will be required.
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Thought for the Day
An artist is somebody who produces things that people don't need to have.
—Andy Warhol
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The Punjab companies IN another column we have reproduced Mr. Langley's report on the Joint Stock Companies in the Punjab for 1913-14. The financial crisis was directly and indirectly responsible for the collapse of a large number of companies. In March 1914 only 108 of the registered companies remained out of 155 which were shown to exist in March 1913. Twenty-two new companies were started during the year but ten of them collapsed during the storm. Of the companies that failed 21 were banks, the paid up Capital of which amounted to Rs. 25 lakhs and their deposits to about Rs. 2½ crores. A large proportion of these was paid out before the banks actually closed, and some part, Mr. Langley thinks, was "undoubtedly bogus." He deducts one-half of the total deposits and considers that the amount for which the banks are accountable still remains a very large sum. Private candidates and university examinations RULE 2 of the Regulations relating to private candidates in the Punjab University provides that bona fide teachers, not being students of any college affiliated to the University, may be recommended by the Syndicate for admission by special order of the Senate as candidates "at any University Examination in the faculties of Oriental Learning and Arts other than an examination for Matriculation." In an explanatory note it is stated that the term bona fide teacher is held to include the Librarians of affiliated colleges and the University Library. Why other Libraries in the Punjab were not included we cannot say; but nothing need be said about it as the restriction has since been removed.
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Govt tests the waters on Hindi Within the very first fortnight of the Modi regime, the Central government offices received a circular that Hindi should be used on social media. This is an entrance through the backdoor. Non-Hindi-speaking states spotted the fugitive move and protested against it. New Delhi readily withdrew its step and declared that the circular was meant for the Hindi-speaking states. I am convinced that the Narendra Modi government is guided, if not goaded, by the Hindi chauvinists. The Bharatiya Janata Party (BJP) has several liberal leaders who realise that the pace of switchover to Hindi will have to be slow, keeping in mind unity in diversity. Apparently, they do not have much say. India of today is very different from what it was 50 years ago, each linguistic group asserting for its identity. The turmoil during the states' reorganisation process should be a warning. The idea of India can be jeopardised. The entire fabric can get torn if the sensitivities of the people are not allayed. What is the hurry? A few more decades' wait is too small a price to pay for preserving the nation's cohesion. India has gone through large linguistic riots in the late 1950s and early '60s. At that time also the Home Ministry had issued instructions to different departments to make preparations for a switchover from English to Hindi as laid down in the Constitution. Riots took place in southern states and one man immolated himself in Tamil Nadu to convey his refusal to accept Hindi. Even the old slogan of secession got renewed. The then Prime Minister, Jawaharlal Nehru, was unhappy but did not want to interfere. However, when he saw the fire spreading, he gave an assurance on the floor of Parliament that there would be no switchover until the non-Hindi speaking people themselves said that they were ready for Hindi to be an exclusive language of the Union administration. This categorical statement disappointed Hindi fanatics but the nation on the whole heaved a sigh of relief that India had retrieved itself from the brink. I wish this bilingualism should have continued without anyone tinkering with it. But then Modi's men were in a hurry. They wanted to restrict the use of English to certain fields. Yet they realise that their haste can tell upon the country's unity. The non-Hindi-speaking states, particularly Tamil Nadu, have accepted the constitutional provision that Hindi is the Indian Union's language. But they want time to learn it and come up to the standards of people living in the Hindi belt, including Uttar Pradesh, Madhya Pradesh and Rajasthan. No doubt, Modi feels at home with Hindi and his sweep in the Lok Sabha elections is primarily because of the campaign he led in Hindi, somewhat Sanskritised for northern Indians. But he should remember Nehru's promise made in 1963 that both Hindi and English would continue to be the link languages for administration throughout the country. He did not fix any deadline for the exclusive use of Hindi. Heritage is linked with languages and, therefore, leaders all over the country will have to devise ways and means whereby regional languages get succor. Without a long-term plan to reinvigorate them, some regional languages would fall by the wayside as the days go by. How many regional languages will survive 50 years hence is anybody's guess. I recall how the Hindi fanatics offered quotas in jobs in cases where the use of English was stopped. This approach by ex-Speaker Purshotam Das Tandon from Uttar Pradesh was ridiculed by a Parliament member in Kerala. He warned him not to open the floodgates of quota lest there should be a demand for such an arrangement in every field. All other members from THE non-Hindi speaking areas also supported him. Finally, the proposal was dropped. There are 22 languages recognised in the Constitution, each with its own script. True, Hindi is a link language along with English, but all the 22 languages are national. This was conceded by the parliamentary committee on language commission, although the committee gave Hindi the status of principal language and additional language status to English. The purpose of my narration is that the status quo should continue until the nation can have a consensus on some other formula. This means that the push currently given to Hindi will have to take into consideration the feelings and aspirations of each area and assure that there is no alienation of any language of any linguistic community. Modi's fiats to quicken the pace of switchover to Hindi have created the alarm. Meanwhile, the chauvinist supporters of Hindi should patiently wait till people all over the country are proficient in Hindi. Already, it is a compulsory subject in all the states except Tamil Nadu. Job-seekers from different states too have underlined the necessity of learning Hindi. Films have spread the language throughout the country and one can converse in the South in Hindi or Hindustani. A few more years will see the entire non-Hindi-speaking population speaking the language fluently. Language is a very potent force. Urdu in preference to Bengali gave birth to Bangladesh. The step-motherly treatment meted out to Baluchi is at the back of demand for an autonomous Baluchistan in neighbouring Pakistan. In fact, the rulers' worry should be how to save regional languages like Punjabi which is being gradually discarded in Punjabi homes. The new generation is indifferent to their mother tongue and for them English, which brightens their employment prospects, comes first because it helps them to secure bread and butter.
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The advent of the washing machine Today the washing machine is as essential a part of the lives of almost all middle-class families as the LPG cooker. I don't think any one of us would dream of a life without a machine .The smallest middle-class home will find a place for it, even if it is tucked away under the staircase. But time was, about 30 years ago, when the possession of a washing machine marked you out as person to be admired, a person worthy of a kind of sneaking respect. I remember when my neighbour bought his washing machine, almost 40 years ago, a special room was built to house the precious possession. There was a very cute, very short prayer ceremony. The proud owner gave us a demonstration and then we were all treated to high tea. For a number of years, a washing machine was treated as nothing more than a status symbol. Another proud owner of a washing machine had a similar explanation: the maid would finish her major chore of washing clothes in a jiffy and would have nothing to occupy her, so she did not let her use the machine. But even at that time, before the machine was truly understood, there were those who found ingenuous uses for it. My sister's mother-in-law was a workaholic. She lived on a farm. She was not satisfied with the quality of work put in by her team of female staff, specially the washing, and insisted on doing it all herself. When the washing machine made its appearance, my sister thought it would be a boon to gift her one and save her from all the back-breaking work. On her next visit, my sister waited with expectant impatience to be told what a tremendous gift she had given the old lady. There was nothing. My sister knew that her mother-in-law was turning forgetful and was sure that when she did the washing next morning, she would receive the well-deserved thanks. But the next morning, she awoke to the sound of Bijee, pounding the dirty linen. My sister was intrigued and confronted her mother-in-law. Bijee smiled and said gently: "I've found a much better use for it. I use it to churn my milk, and you know how much milk there is to churn. What used to take me four hours of truly difficult labour is now done at the press of a switch. Thank you for a truly miraculous gift."
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Accession of J&K, a constitutional view THE Indian native States, of which the State of Jammu and Kashmir was one, were those areas in the Indian subcontinent which were for internal purposes outside the administrative, legislative and judicial sphere of the British Indian Government. Each such State had a hereditary ruler, who, subject to the paramountcy of the British Crown, exercised, with some exceptions, unlimited power over the States ruled by them. These native States covered more than half the area of the Indian subcontinent and were referred to as Indian India. The other part of India comprising the provinces and certain other areas was referred to as British India. The rulers of the native States were sovereign, subject to the paramountcy of the British Crown.
The aftermath of the Second World War and the assumption of power by a Labour Ministry in England brought about a change in the British policy towards India. The delegation popularly known as “Cabinet Mission” arrived in India on March 23, 1946. On May 25, 1946, the Cabinet Mission circulated a memorandum dated May 12, 1946, in regard to the native States. In this memorandum the Mission affirmed that on the withdrawal of British Government from India, the rights of the States which flowed from their relationship with the Crown would no longer be possible to exist and the rights surrendered by the States to the paramount power would revert to the rulers of those States when the two new dominions of India and Pakistan are created. The Cabinet Mission, however, advised the rulers of the native States to enter into negotiations with the successor government or governments and evolve a scheme of the precise form of their relationship. On February 20, 1947, the British Government announced that independence would be granted to British India. This was followed by another statement on June 3, 1947, setting out its plan for the transfer of power: “His Majesty’s Government wish to make it clear that the decisions announced above [about Partition] relate only to British India and that their policy towards Indian States contained in the Cabinet Mission Memorandum of 12.5.1946, (Cmd. 6835) remains unchanged.” Thus, it would be seen that on the withdrawal of paramountcy, the princely States were to become independent. Chamber of Princes Lord Mountbatten, as the Crown representative, addressed the Chamber of Princes on July 25, 1947. He advised the princes and their representatives that although legally they had become independent, they should accede to one or the other dominion. Lord Mountbatten told the Chamber of Princes that accession of the State to either of the dominions was to be under the Cabinet Mission Memorandum of May 16, 1947, which contemplated surrender to the dominion of three subjects, namely, defence, external affairs and communications. Lord Mountbatten also caused to be circulated for discussion a Draft Instrument of Accession, which explicitly provided for surrender to the appropriate dominion the power over the three specified subjects and stated that the dominion would have no authority over the internal autonomy of the State. A State could accede to either dominion by executing an instrument of accession signed by the ruler and accepted by the Governor-General of the dominion concerned. The decision whether to accede or not and to which dominion were in the exclusive right and discretion of the Ruler. In the Indian dominion the accession was to be made under Section 6 of the Government of India Act, 1935, as adopted by Section 9 of the Indian Independence Act, 1947.
Three options On August 15, 1947, India became independent. In accordance with the Cabinet Mission plan of May 1946 following the creation of the dominions of India and Pakistan, Kashmir bordering on both India and Pakistan had, like any other native State, three alternatives, viz., to assert complete independence, to accede to Pakistan or accede to India. Power to take the decision vested exclusively in the ruler according to the British Government’s declared policy. Dawn, the Muslim League’s official organ, wrote on August 24, 1947, “The time has come to tell the Maharaja of Kashmir that he must make his choice and choose Pakistan”. Should Kashmir fail to join Pakistan, “the gravest possible trouble would inevitably ensue”. This threat alarmed the Maharaja of Kashmir. Looking at the upsurge in the State, Sheikh Abdullah, who was in jail, was released on September 29, 1947. On October 20, 1947, a large column of several thousand tribesmen armed with “bren guns, machine guns, mortars and flame throwers” attacked the frontiers of the State of Jammu and Kashmir. “Srinagar trembled before the danger of the tribesmen’s invasion.” The tribal invasion caused grave devastation in the State. The indecision of Maharaja Hari Singh gave place to deep-seated alarm and concern for his personal safety. On October 25, 1947, the Maharaja appointed Sheikh Abdullah as the emergency administrator. The raiders were fast approaching Srinagar, looting whatever came their way. The State was in imminent peril. Sheikh Abdullah advised the Maharaja that if the State was to be saved, he must accede to India and ask for immediate military help. This advice paved the way for accession of Jammu & Kashmir to India. The Maharaja also found no other alternative and addressed a letter to Lord Mountbatten, the Governor General of India, stating: “I have to inform your Excellency that a grave emergency has arisen in my State and request the immediate assistance of your Government. As your Excellency is aware, the State of Jammu & Kashmir has not acceded to either the dominion of India or Pakistan. Geographically my State is contiguous with both of them. Besides, my State has a common boundary with the Union of Soviet Socialist Republic and with China. In their external relations the dominions of India and Pakistan cannot ignore this fact. I wanted to take time to decide to which dominion I should accede or whether it is not in the best interest of both the dominions and my State to stand independent, of course with friendly relations with both.” After giving an account of the tribal invasion, the letter continued: “With the conditions obtaining at present in my State and the great emergency of the situation as it exists, I have no option but to ask for help from the Indian dominion. Naturally, they cannot send the help asked for by me without my State acceding to the dominion of India. I have accordingly decided to do so and I attach the Instrument of Accession for acceptance by your Government.” Attached to the letter was an Instrument of Accession duly executed and signed by the Ruler, Maharaja Hari Singh. Lord Mountbatten, the Governor-General of India, indicated his acceptance in the following words: “I do hereby accept this Instrument of Accession. Dated this twenty-seventh day of October Ninteen Hundred and Forty-Seven.” The execution of the Instrument of Accession by the Maharaja and its acceptance by the Governor-General finally settled the issue of accession of the State of Jammu and Kashmir. It was similar to the one executed by the rulers of other States.
Framing of the Constitution The internal administration of the State was being governed by the Jammu & Kashmir Constitution Act, 1939. On March 5, 1948, Sir Hari Singh issued a proclamation inter alia stating: “…My Council of Ministers shall take appropriate steps, as soon as restoration of normal conditions have been completed, to convene a National Assembly based upon adult suffrage, having due regard to the principle that the number of representatives from each voting area should, as far as practicable, be proportionate to the population of that area. “The Constitution to be framed by the National Assembly shall provide adequate safeguards for the minorities and contain appropriate provisions guaranteeing freedom of conscience, freedom of speech and freedom of assembly. “The National Assembly shall, as soon as the work of framing the new constitution is completed, submit it through the Council of Ministers for my acceptance.” This proclamation was followed by yet another proclamation of June 20, 1949, issued by Maharaja Hari Singh: “Now, therefore, I hereby direct and declare all powers and functions whether legislative, executive or judicial which are exercisable by me in relation to the State and its government including in particular my right and prerogative of making laws, of issuing proclamations, orders and ordinances, or remitting, commuting or reducing sentences and of pardoning offenders, shall during the period of my absence from the State be exercisable by Yuvraj Karan Singh Bahadur.”
On May 1, 1951, Yuvraj Karan Singh issued a proclamation which inter alia contained the following directions: *
A Constituent Assembly consisting of representatives of the people, elected on the basis of adult franchise, shall be constituted forthwith for the purposes of framing a Constitution for the State of Jammu and Kashmir. *
The Vote at election shall be direct and [by] secret ballot. The Constitution Assembly was invested with the authority to frame the Constitution for the State and to decide its future. “Today is our day of destiny. A day which comes only once in the life of a nation… after centuries we have reached the harbour of our freedom which for the first time in history will enable the people of Jammu & Kashmir, whose duly elected representatives are gathered here, to shape the future of their country after wise deliberation and mould their future organs of the Government. No person and no power can stand between them and the fulfilment of this their historic task…,” declared Sheikh Mohammed Abdullah in his inaugural address to the Constituent Assembly and added that the Assembly shall give “its reasoned conclusions regarding accession”. The Constituent Assembly which was convened on the basis of adult suffrage comprising the representatives of the people of the State and which represented the people of the entire State in unequivocal terms ratified the State’s accession to India, through a well-considered resolution of the Constituent Assembly on February 15, 1954. In the 12th session of the Constituent Assembly of Jammu & Kashmir held from September 29, 1956, to November 19, 1956, the drafting committee on October 10, 1956, presented the draft Constitution. After detailed discussions the Constitution was approved and adopted on November 17, 1956. Sections 1 to 8 and 158, which deal with the State territory, permanent residents, and the relationship of the State with the Union of India, came into force at once. The remaining sections came into force on January 26, 1957, referred to as the commencement of the Constitution. The Preamble to the Constitution of Kashmir reads: “We, the people of the State of Jammu and Kashmir, having solemnly resolved, in pursuance of the accession of this State to India which took place on the twenty-sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof, and to secure to ourselves JUSTICE, social, economic and political;/ LIBERTY of thought, expression, belief, faith and worship;/ EQUALITY of status and of opportunity; and to promote among us all;/ FRATERNITY assuring the dignity of the individual and the unity of the Nation./ In our Constituent Assembly this seventeenth day of November, 1956, do hereby adopt, enact and give to ourselves this constitution.”
The people of the State of Jammu & Kashmir, thus, finally settled the controversy regarding accession through the Constituent Assembly comprising their elected representatives. No one, not even the worst critic, has ever doubted the representative nature of the Constituent Assembly. Self-determination is a one-time slot — the people of the State took a final decision and, therefore, the question of any further “self-determination” does not arise either legally or morally. The ‘wishes’ of the people of J&K have been duly ascertained through the duly elected Constituent Assembly. The State’s accession, therefore, cannot any longer be questioned. The 1954 resolution of the Constituent Assembly was followed by incorporation of Section 3 in the Constitution of Jammu and Kashmir which reads: “The State of Jammu and Kashmir is and shall be an integral part of the Union of India.” The use of the expression “is and shall be” is significant. It talks both of the past and the future relationship of the State with the Union of India. This section is in affirmation and reiteration of the desire of the people of the State to be an integral part of India. It has been put beyond the powers of the State Legislature to amend by virtue of the mandate of Section 147 of the Constitution. This provision was apparently incorporated in order to “avoid and fissiparous tendencies raising their ugly heads in the future”. Thus, in conclusion, it can be said without any reservation that the Accession of Jammu and Kashmir State to India on October 26, 1947, is legally sound, constitutionally binding, irrevocable and final.
The Tribune National Security Forum The Tribune National Security Forum series on matters of national interest examines the controversy over the accession of the State of Jammu and Kashmir to India and Article 370. The first in a two-part analysis by a former Chief Justice of India looks at the circumstances and processes that led to the accession.
Irrevocable accession * The execution of the Instrument of Accession by the Maharaja and its acceptance by the Governor-General finally settled the issue of accession of the State of Jammu and Kashmir. *
The Constitution Assembly was invested with the authority to frame the Constitution for the State and to decide its future. *
Self-determination is a one-time slot — the people of the State took a final decision and, therefore, the question of any further “self-determination” does not arise either legally or morally. — The writer is a former Chief Justice of India;
former Chairman, National Human Rights Commission; and former Chief Justice of the J&K High Court. (To be continued tomorrow)
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This belated realisation does not convince anyone. I think the government was testing the waters. When it found that what it considered an innocuous step had evoked strong opposition, it changed its stance. But the circular has done the damage. The fears of non-Hindi speaking people have got rekindled. And they are afraid of what may happen tomorrow.
Two years after my neighbours bought their washing machine, they had come over for lunch and my wife asked the neighbour how the machine was doing. She replied that though it was a true blessing, it was rarely used. If she let the servant use it, he was sure to spoil it. She herself rarely had the time to do the washing herself. So it remained securely locked in its room. But it was a great comfort to know it was there, nevertheless.