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JAMMU & KASHMIR PEOPLES DEMOCRATIC PARTY

Jammu & Kashmir The Self-Rule Framework for Resolution

Issued by: Jammu & Kashmir Peoples Democratic Party, Srinagar Printed by: AB&C Communications, Delhi

Srinagar October, 2008

Jammu & Kashmir: The Self-Rule Framework for Resolution Contents Preface Executive Summary Chapter I: The Overall Context of Resolution: i) ii) iii) International: Globalisation National: Democracy & Conflict Regional: Resistance to Representation 6 8 10 2 2

Chapter II: Contours of Resolution: i) ii) Demilitarisation Challenges 12 13

Chapter III: Framework for Resolution: Self-Rule i) ii) iii) New political superstructure Economic Integration Constitutional Restructuring 22 25 31 38

Main Proposals

as catalysts for change and instruments for fulfilling the aspirations of all the peoples of J&K. The past offers no hope. and the economy. Our effort has been to root these in the ideals of justice and empowerment for all the people of the State. if may not even be desirable. A phased economic integration that transcends borders iii. and not on partisan considerations or with chauvinistic mind-set. without need or commitment to political merging. EXECUTIVE SUMMARY 1. prestige. The Peoples Democratic Party is not presenting a solution. what we have attempted in this document is an internally consistent framework and indicative direction for resolution. economic and security character.PREFACE The Peoples Democratic Party prepares and offers this working paper on J&K as an act of hope. or an imagined historical identity. We see our recommendations. 2. is a practical way that would eliminate the sources of ethno-territorial conflicts. entrenched 2 in the traditional notions of sovereignty. sovereignty. Constitutional restructuring that ensures sharing of sovereignty without comprising political sovereignty of either nation state. readymade solutions make the problem a distorted image of what it actually is. which is underlying the concept of self-rule. Self-rule. and will be a kind of a regional senate. the state. Our party recognises that we are living through a period where definitions of cultures. New political superstructure: 4. realize its intent and motive and examine its contents on merits. This will serve as a major cross-border institution. and regions and sub-regions of the State.indeed. societies. It doesn't impair the significance of the line of control as territorial divisions but negates its acquired and imputed manifestations of state competition for power. A return to the past may not be possible . national and ethnic borders. it will be possible to forge a consensus on the way forward. These will be given up and replaced by the same number of seats in the Regional Council of Greater Jammu and Kashmir. being a trans-border concept. 3. in a manner that is realistic and practical. address both the internal and the external dimensions of the problem in. dramatic shifts. and nationality are changing very rapidly and radically. as fleshed out in this document. for the sharing of sovereignty in a coordinated but not subordinated to one another. such an institutional structure will provide a framework within which certain matters between the two parts of the State and 3 5. All these issues have gone through a large number of transformations and sometimes. A new political superstructure that integrates the region and empowers sub-regions ii. has a pan-Kashmir dimension but at the same time seeks to regionalise power across J&K. which will ensure long-term coordination of matters and interest relating to the state. The world has undergone a change and we have to be a part of that changed system. Self rule as a political philosophy is being articulated around the conception of federalism and confederation that allow for sharing of power between two levels of government. We are convinced that various proposals and measures. We have tried to contextualise the issue at various levels and drawn the contours of a process for building sustainable peace in the State and the region. The comprehensive formulation of self-rule has three subcomponents: i. and models make a mockery of specificity of the issue. The J&K issue cannot be resolved on the basis of exclusively intrastate level initiatives. . objectively and realistically. It requires a combination of intra-state measures with inter-state and supra-state measures. but we have made an effort find a way in the future. This approach. The centrepiece of the governance structure under self-rule is the cross border institution of Regional Council of Greater Jammu and Kashmir. It is based on the creation of innovative international institutional arrangements that have a political. Moreover. We have not looked for solutions in the past. Self-rule encompasses the society. Indeed. The Regional Council of Greater Jammu and Kashmir will replace the existing Upper House of state assembly. and about Jammu and Kashmir. self-determination. It is a way of "sharing sovereignty". At present the state assembly of J&K holds 20 seats for representatives from across the line of control. Members of the Regional Council will be from J&K as well as from Pakistan administered Kashmir. The essence of this document lies in trying to suggest a creative framework for resolution of the issue without compromising the sovereignty of the two nation states involved. each exercising supreme sovereignty in its constitutional prerogatives. As such. Self-rule is a formulation that will integrate the region without disturbing the extant sovereign authority over delimited territorial space. nor does it pretend to have one. it is our belief that roadmaps prejudge the issue. The hope lies in the belief that if the decisionmakers and responsible political parties discern the categorical imperatives that have impelled this formulation.

Establishing a common economic space. Stage II would be to make GJAK a regional free trade area. ii. Economic Integration: 7. The process can be started by declaring the intention to establish common economic space and sign an agreement with a roadmap which envisages: i. a new system of “Dual Currency” will be created. India and Pakistan would offer tariff reductions. 1951 and Article 312 be rolled back and the local human resources are provided clear and unhindered opportunity to develop their full potential and it is trusted to manage the affairs of the State. 13. Appearance of different sub-regional projects can generate multi-speed integration. therefore. In a similar vein. allow the free mobility of capital and labour. while maintaining their own external tariff on imports from the rest of the world. the sub-regional councils will complete representative character of governance by bringing in the territorial representation in the state. Constitutional Restructuring: 12. The State Legislature's constitutional power of amendment is the core of empowerment or Self-rule of the State and this cannot be destroyed by an order passed under Article 370. that need to be sorted out to infuse in people a sense of empowerment and a feeling of belonging. set common external tariffs. It needs to be understood that GJAK is being proposed as a regional organisation to facilitate political cooperation as well as promote cooperation between India and Pakistan. This integration can be pursued in different degrees. and services. Our vision is to move towards an economic union. the economic integration will be deepened through sub-regional integration. The proviso. will have to be repealed. 14. Further. deepening the process as we go along and as the system and society adapts to change. In the PTA the two countries. A critical element of self-rule is the economic integration across the line of control. It is being proposed that Indian and Pakistani rupees should be the medium of exchange in J&K. the state assembly will continue to be a sub-national institution. should be rolled back so that the Parliament cannot exercise legislative jurisdiction over a matter that. and will also relegate some fiscal responsibilities to a supra-national agency. The proviso is. applied to the State in amended form. allowing circulation of the Pakistani rupee in the Indian part of J&K currency and circulation of Indian rupee in the Pakistan administered Kashmir. their respective mainland. GJAK will set a common external tariff on imports from India and Pakistan. Article 356. 9. which deals with the powers of the Parliament to amend the Constitution of India and not the power of State Legislature to amend its own Constitution. All India Service Act. 11. which will maintain free trade in goods. It is a part of the design of self-rule that Head of the State be elected from the regions of Jammu and Kashmir by rotation. or eliminations confined to the geographical boundaries of “Greater Jammu and Kashmir” and restrict it to some product categories. This shall give to the people of all the regions an equal and equitable sense and feeling of empowerment and shall strengthen their bonds. In order to empower various sub-regions within the J&K state. it means. the head of the State. totally and grossly out of place and ultra vires the constitutional scheme. To be more precise. As the Constitutional position stands today. Coordinating economic policy. The process of economic integration of the two parts of Jammu and Kashmir can start with the easiest form of economic integration. limiting the powers of State Legislature. A better description of this system is a “co-circulation of two currencies” in J&K. and regaining Kashmir's place at the heart of Central Asia. While the national Parliament will have representations to the sovereign.6. that is formation of different sub-regional groups. will be added to the domestic legislative structure. harmonization economic legislation and synergising regulations 8. falls under the State jurisdiction. Consistent with our legislative design. 10. a tier of sub-regional councils. a Preferential Trade Agreement. the State Legislature elected Sadar-e-Riyasat. Self-rule cannot exist without adequate constitutional safeguards. This has to be done if we want cross 4 5 . political and economic relationship between the two parts of the State and their respective main lands. Sixth Amendment of the Constitution of the State that undermines its original scheme of a comprehensive and accountable executive (inclusive of the Head of the State) a critical component of Self-rule. the Line of control trade to flourish. undermines the core of Self-rule and has to be made non-applicable to J&K. including India and Pakistan. Article 249. Instituting a dual currency system iii. Prior to this amendment. where the Indian and Pakistani rupees are both made legitimate legal tenders in the geographical areas of GJAK. with no tariffs or barriers between with GJAK. 15. otherwise. instead of looking for a monetary union. This will require devising an improved constitutional. has been added to Article 368.

7 . globalisation — particularly global economic integration — has been eroding or “hollowing out” the role of the nation-state as governance has moved to global and regional international institutions and devolved to sub-national units. Globalisation creates strong incentives for porous national boundaries leading to less conflict between states. 12. It has managed to disengage. oil et al. 3. In the contemporary era of state-defined territoriality. There is an identity and political space that can be preserved while the decision space can be shared. to include trans-border politics and cultural exchange. That power lies at the heart of the third pattern: the persistence of violent conflicts fought over territorial stakes. Since 1945. the claim of many juridical states to exercise actual territorial control within clearly delimited boundaries has also been challenged. This has introduced fluidity in the territoriality and sovereignty relationship. means that can in turn be characterized by more or less precision and permanence. Globalisation also reduces the importance of territory as a tangible stake in conflict between states. War between states has continued its decades-long decline while war within states has significantly increased. there is sovereignty is being subsumed into territorial 6 2. Finally. At the same time. 7. Perhaps the most important hypothesis that emerges regarding globalisation and the resolution of territorial disputes between states lies in the economic incentives for settled boundaries provided by economic integration. people. 10. an equally important set of factors has been the pressures and opportunities of globalisation. 8. or more broadly. 9. Rather than witnessing a resumption of great power rivalry and war. Territorial boundaries may be less important as a barrier to the movement of capital. appears to reduce the importance of conventional territorial boundaries created by nation states. Policies that used to lie well “behind the border” have been placed on the international agenda. and people. whether defined as economic integration. 11. Increasingly. Jurisdictional congruence — exclusive political control across policy realms within the delimited boundaries can be used to find a practical solution to all such conflicts that confront us today. 5. capital. 4. Among economic equals that share similar values and policies. governance. be this water. Border delimitation captures the means by which political units separate themselves from other units. In many ways. the two principal dimensions of territorial governance are border delimitation and jurisdictional congruence. Incorporating the links between globalisation and territorial conflict may force the adaptation of conventional instruments of conflict resolution. globalisation may also provide incentives and instruments for resolving territorial conflict. regimes of mutual recognition or policy harmonization are typically negotiated: the European Union is a principal example of this strategy for dealing with territorial limits and jurisdictional conflict. globalisation has posed a unique and historically unprecedented challenge to the “classic” territorial state. which had been predicted by some. Even as it reduces the importance of land it tends to increase the importance of certain tradable resources that are linked to territory. Regional and international institutions are also deployed at the global level to reduce conflict. a very different pattern has emerged. In this there is a considerable variation that is possible and a wide range of possibilities can coexist. Increasing globalisation. gas. Territory remains a powerful means for the mobilization of populations. citizens' territorial attachments to their home regions and countries have shown few signs of weakening. militarised conflict also has undergone re-examination as the Cold War and its “long peace” among the great powers ended. As such. Along with the end of political bi-polarity. The world of the early twenty-first century displays three striking patterns. The opportunity costs of trade and investment foregone become more apparent as economic exchange burgeons at the global level. and particularly since 1980. 6. Integration implies as its end point an elimination of the significance of such boundaries for flows of goods. and territory has increasingly become the most frequent reason for violent conflict within states.Chapter I The Overall Context of Resolution International Context: Globalisation 1. if not separate. Further. In this framework. Jurisdictional congruence measures the degree to which exclusive political authority across policy domains coincides with those boundaries. and goods. but control of these borders and the territory that they encompass often remains a central goal for nation states and citizens. sovereignty from territoriality. the clash of national policy jurisdictions has grown as globalisation has led the more powerful states to extend their norms and practices to other parts of the world that are now more closely integrated with one another. Territorial disputes continue to be the most common source of conflict between states.

The place of minorities and Dalits in the nation is an important factor in the fortunes of secular nationalism. This will resolve the issue on a long-term bias. Secularism is has been redefined. and in particular. The vacuum left behind after the Cold War. And a result. The success of secular nationalism would partly depend upon the answer to this question. Secular nationalism hence came under severe strain and the Hindu communal or nationalist discourse gained ground in the void created by the retreat of secular nationalism. As such the very project of Indian nationalism was an impossible one. The rise of regionalism in India. The growth of conflicts within India has coincided with the deinstitutionalisation of the Indian state. The same is true of the regionalism. 13. which has adversely affected its secular character. social and economic aspirations of the sub-nations. one supporting and complementing the other. The illegitimate symbiotic relationship with the state and its repressive measures and civil 9 . were the ideological underpinning of Indian nationalism. Both the normative and organisational pillars of post-independence India – secularism. for most of the time it has operated as democratic authoritarianism for the state of J&K. This is a crucial fact that will have to be borne in mind for any future dispensation that we might conceive for Jammu and Kashmir. It is not that there is no shared cultural ground between Hindus and Muslims but that it did not comprise the entire arena of inter community relations. 20. a change in the concept of Nationalism. the biggest challenge facing the nation is how to conduct dialogue with the masses who had already been constituted as Hindus. true that whenever under strain nationalism in India revealed Hindu colours. All this will lead to newer and more relevant definitions of sovereignty. rather than the concept of secularism. individually and collectively. Indian nationalism always betrayed an undercurrent of Hindu religious sensibility. as it would never be the case in any intercommunity relations. The three were operating in tandem. has been altered. Nationalism and Indian nation. The character of democracy. necessarily. which had and continues to have a major impact on the way in which political discourse and dialogue is conducted in J&K. 16. As such it was a political transformation not rooted in changing social and cultural consciousness. 8 18. National Context: Democracy and Conflict 15. 22. How to design an institutional framework that provides enough space yet hold the nation together. Today. Simultaneously occurred a political churning leading to the growth of the Hindu right. As a consequence the terms of public discourse were refashioned. even turned upside down. the movement of capital across borders. 17. In fact. 14. particularly in the developing world. but increasingly. in their own domestic affairs. points more to the weaknesses of secular practice. These new forces are represented by the emergence of the return of the repressed discourses of caste and community. Indeed. This change. intensive as it may be. which was a composite of these three ideological pillars. All these three have weakened. the seeds of a solution lie in using the logic of this change that is spearheaded by globalisation to evolve a framework for new political dispensation in Jammu and Kashmir. As a result a major challenge has been posed to the structure of nationhood inherited from the nationalist struggle and consolidated over the early decades of independent India. More than democracy. Socialism has been abandoned. New forces appeared on the political horizon leading to a redrawing of the cultural boundaries of the nation. That it was so is in the least surprising. Many developing states that were already weakened or failing due to a variety of internal factors will be under greater pressure now. The different histories of communities and intercommunity relations that provided the ingredients for different imaginations of selfhood led to different articulations of nationalism in Hindus and Muslims. 19. These developments point to a certain kinship between the hegemonic secular nationalist discourse and the resurgence of the right. We are in that transition phase where nationalism is being redefined. Muslims and. like J&K.Technological innovations in communication and transportation. Christians. also did undergo a change. have circumvented or eroded traditional state sovereignty not only in the conduct of international finance and trade. The social and political space that the Hindu right seized was created partly by the retreat of secularism due to the weaknesses of its practice. precisely because it was impossible to have one common history. coupled with the vagaries of globalisation has created serious external strains on the traditional nation-state apparatus. The three. has meant an improved articulation of political. especially from the stand point of J&K. socialism and democracy – have undergone some radical redefining and changes. and the eruption of `sub-national' assertions. however. 21. It is.

For instance. which had imparted an authoritarian stand to governance of the Centre has been substantially broken in many parts of the country. and Northeast. took centre-stage and drove the peace process at the bilateral level. felt and heard. There can be no denying the fact that since 2003. Symbolizing regional aspirations while maintaining commitment to the national integrity or unity of the nation are the states of Andhra Pradesh. if the current or future legislature of the state that has been democratically elected makes recommendations that are within the purview of the constitution of the state and the country. The challenge therefore was in not only sustaining this new round of dialogue but also ensuring that it is insulated from the day-to-day setbacks that have often derailed the process in the past. for the first time in the troubled history of our state. it is obligatory on the part of the Centre to seriously consider the proposals. aimed at normalising relations had either been futile or resulted in failure. the PDP-led Government. decided to proceed with economic reconstruction in a manner that is acceptable to all. The reconstruction of the J&K economy has been designed in a manner that supports the transition from conflict to peace through the rebuilding of the economic framework. It has generated consensus among principal stakeholders -. What this has done is to create a new basis of legitimacy by the only and ultimate source of authority. the spirit is far more federal today and the autonomy issue may not suffer from the same ills as it did earlier. A lot has been achieved here in a relatively small period of time. West Bengal. As such what may have been acceptable for the larger system to create an enclave of federalism within a unitary system. political initiatives – Line of control. make it sustainable. the Union government endorsing it ---. This reversal of roles – the state government driving these steps and 10 26. In doing so. The net result has been that there have been local stake in the peace process. These were not events but processes that catalysed the peace process. A fact nobody could have foreseen is this development of regional aspirations and regional forces coming to the fore. catalysed and driven the peace process. It may move in fits and starts. It is now a well-accepted fact that the peace process in the subcontinent is irreversible. This has stopped the marginalisation of moderates in the political spectrum of Kashmir.Rawlakote road. several international actors have played a significant role in prompting a new round of dialogue. in consultation with the Government of India. Even though it is the same constitution.the people of Jammu and Kashmir -. Lately. 27. that were not in evidence in the earlier initiatives. Tamil-Nadu. From being a passive recipient of bilateral initiatives. Be it the opening of the SrinagarMuzzaffarabad Road or the Sialkot . immediately after the election of 2002. bilateral and international – have all been moving in a positive direction. and combine the advantages of a loose federation with those of a centralized system. 24. To supplement the peace process. 28. Jammu and Kashmir: From resistance to representation 23. the PDP-led State Government was not in an adversarial role. The major breakthrough was to engage the civil society of J&K in the process. is that it is for the first time in the history that J&K state and its government has initiated. it all added up to a collective political engagement and consequent reduction in the structural and individual alienation. the government revived social collaboration. However. and catalyse its pace. the people itself. The involvement of the principal stakeholders – people was gaining ground. It is this that was the greatest achievement and it should not be let to slip away. 25. the state. First. without impairing its functioning. which has been seen. namely. but the direction is clear. 29. albeit at a slow pace.has meant a much wider grounds-feel of peace process in the state. many as these were. domestic.bureaucracy. which have a bearing on its sustainability. There are a few remarkable features about this peace process. seems to be possible today. there was some pessimism about the role of further dialogue. The earlier rounds of bilateral diplomacy over the years. given the previous failed attempts at resolution and Delhi's continued resistance to international intervention in what it considers a bilateral issue. The cooperation between the civil state and the state increased and resolution of the problem is no longer only the responsibility of the state – be it the centre or the state. We are now at the threshold of our third step: empowering the legitimate democratic institutions of the state to the extent that they are not manipulated by anyone. political reconciliation. or the allowing of travel on permit and not passport basis. 11 . The basic premise is of the new strategy is peace through economic reconstruction. In other words. The situation has changed with regional parties gaining prominence and the Centre being ruled by a coalition of parties. through innovations and indeed historic steps.on the resolution of the “Kashmir issue”. and democratic participation.

The process of demilitarisation will then create pockets of peace along with it and there can be no better way of generating an organic movement of peace than this. The former strengthens our claims and the latter our case. Even in the sphere of operational matters of security. The resolution of the border issue peacefully and transparently would have a huge positive impact on regional security. titled in favour of civil institutions. nationalist sentiments. It needs to be understood that a withdrawal of the armed forces from all civilian areas. There is no room for armed interventions in J&K. material and motivational reconciliation takes place on both sides. But progress has been slow. it is imperative we create an enabling environment for it. Prior to conceiving and debating the issue of resolution and outlining its contours. Strong-arm politics. it is also a strategic objective. and a politically courageous proactive leadership at the national level. It also needs to be emphasized that not only is a complete withdrawal of troops a pragmatic need. An 13 . All these factors combined to create a complex stew of territorial claims and counterclaims. 36. At this crucial juncture. ethnic relations and efforts to combat arms trafficking and religious extremism. and no immediate breakthrough can be seen in an all too often antagonistic process.Chapter II The Contours of Resolution Setting the stage for Resolution: Demilitarisation 30. Further. The enabling legislative part of demilitarisation relates to Armed Forces Special Powers Act (AFSPA). economic cooperation. shadowy backroom deals. This entire change is what we refer to under the rubric of “demilitarisation”. And above all. 31. then a decisive move has to be made to reduce not only the physical presence of the armed forces in the state but also their influence in the decision making at a political and administrative level. demilitarisation is first about the mind-set and then about the withdrawal of troops in the state. The Indian nation-state must make up its mind that the only way to forward is the non-military way. Shorn of all its complexity. in the context of the larger paradigm of resolution rather than the probability of increased violence in the state. it is essentially related to the two countries effort to define their respective borders in a situation where control of territory has not meant so much a control of resources as improved strategic positions. 39. will create and enhance the stakes of the people in the peace process. and made to be seen. To be sure. The simple fact of withdrawal is indicative of the preconditions for resolution and resolution-oriented measures. public dissatisfaction and an environment of mutual mistrust have marked this process. the armed forces should be a part of the J&K police hierarchy rather than being a parallel institution of power. it also has national and international ramifications. international – the only viewpoint that has not been adequately highlighted is that of the * For the past five decades India. 12 35. economic pressures. 37. There is no justification for this to operate any further and must be repealed to enable normalisation to take root. the term demilitarisation refers to a nuanced process that not only has an impact on the ground at the Line of controlal. should now lead to a situation where the democratic and civil society institutions are now given full charge of the situation to consolidate the peace process. This would be the phase where mental. Yet another factor in the mix is the Kashmiri diaspora. which has since the elections of 2002. The current difficulties can be traced directly back to the partition in 1947. and state level. Pakistani. when public confidence is waning in the whole process. The most important fall out of this will be that it will empower and facilitate the State Government in assuming its full role in revitalizing and pushing forward the control of civil society over the governance of the state. 34.* These intra-state relationships are further compounded by the emergence of a host of political parties and militant groups on all sides of the conflict. There is no denying the fact that a lot of complications in the issue exist with the intra-state relationships between Delhi and Srinagar and between Islamabad and Muzaffarabad. If this is the basic premise. If there is one lesson that has come through in the last 15 years of militancy it is that the gun is not solution – be it in the hands of the army or the militants. For almost two decades AFSPA has been in force in the State. This is based on ground realities. 32. the symbolism of demilitarisation is that the balance of power on governing. In all these discourses – Indian. It symbolises a conceptual change in governance by the government. and a symbolic aspect to it. That process in relation to J&K followed neither natural geographic boundaries nor strict ethnic lines. As such. This has been further compounded by the repeated efforts at redefining Indian nationalism and the pervasive search for an identity of Pakistan's nation state. scale and intensity of violence in the state. a growing leadership confidence in the state. besides having a strategic objective. 33. the move towards demilitarisation has to be seen. only a resolute effort propelled by political wisdom and vision could restore it. Jammu & Kashmir Issue: Challenges 38. Its operation and enforceability have no bearing to the level. whose involvement has witnessed noticeable ascendancy in the post-Cold War period. Pakistan and J&K have been involved in high stakes negotiations for resolving what is called the “Kashmir dispute”. It has an operational.

To redefine the concept. The political significance of two parts of Kashmir to their respective mainlands is disproportionate to their economic significance. There. Our basic premise is that the search for solution to the issue of Jammu & Kashmir is a search for an inter-nation state institutional arrangement that preserves sovereignty of the two nation-states but still has a supranational basis. Therein lies the key to the solution of J&K dispute. As such there is need for a well-articulated set of views to emerge from the state that can form the basis of bilateral and international dialogue. Even as political significance is paramount for both. Thus it is important that any territorial differences be resolved or bypassed on a mutually acceptable basis in accordance with economic rationality and political sagacity. Conceptually. As cross-border travel became difficult. yet few border services are sufficiently proficient to prevent determined traffickers or terrorists from crossing frontiers. on its head. is the argument for the inclusion of the people of Jammu and Kashmir into the resolution process to ensure that India and Pakistan do not walk away from the negotiating table too easily in bilateral talks. Ethnic populations that had long enjoyed access to friends and family just across borders were now isolated and often faced visa requirements and other access difficulties. the failure to resolve or atleast bypass such territorial issues has prevented the two neighbours from normalising relations and dealing with pressing social and economic issues. At the same time. There is no need to negate the significance of the line of control as territorial divisions but it is imperative to negate its acquired and imputed manifestations of state competition for power. To put the issue in analytical terms. This approach of according primacy to the economic over political. in some ways. been done in the name of security. have made freedom of movement increasingly difficult. 41. interaction between populations that once shared many aspects of a common culture and way of life has become impossible. 45. Our basic premise is that the time has come to work out some form of integration and move forward. And one way to do so. which would resolve the situation. Demands for visas. Even though the integration design may appears to be constitutionally and legally incomplete and politically premature. though not an economic. the euro nations are being forced to achieve more and more integration in the future because the single currency management requires a growing degree of political and economic harmonization. step-by-step 15 14 . Border crossings are banned throughout the region. We are making an effort to fill this most critical gap. Due to historical reasons the entire state of J&K remains an important political. a border of an line of control is a barrier to people. impossible. These initiatives need to be less dramatic and inciteful than a plebiscite which would inevitably carry a huge baggage of rhetoric and arouse all the polemical furies. The resolution of territorial disputes is obviously emotional and goes directly to each country's definition of national interests. only available in capitals and at a high price for local people. The operational challenge in J&K is to establish innovative international institutional arrangements that have a political. 46. the stated positions and the emotional surcharge a one-point-one-time solution for resolution of the conflict is a near impossibility. de jure and de facto. There are regular reports of deaths in unmarked minefields. in addition to being the territorial limits. is through economic integration. Long-standing industrial and transportation links have been disrupted and discarded. commodities and capital. No nation wants to make territorial concessions. For instance. What is needed is a practical. 42. we have to find ways and means of “sharing sovereignty". and tensions over borders have only made cooperation in other areas. such a "convergence by necessity" does not imply that a real "Political Union" will be automatically born. The worst part is that this disputes has also become an important domestic political issue. rather than a political. 44. such as trade. a start has to be made simply because the cost of not doing it will be much higher than the cost of implementing it. that has over the years become internationalised with a major significance in international politics. economic and security character. The problem is that the heterogeneity of views from within Jammu and Kashmir have become an easy excuse for their exclusion. Much of the population views these new restrictions with hostility and has felt the disruption in traditional patterns of commerce and society acutely. This is possible by giving the institutional arrangement an economic. This makes it “more than an alliance" (where "alliance" means that a group of nations forms a selective agreement without the need of giving up relevant pieces of sovereignty). turns the current paradigm. The idea is to remove the barrier – or to put it more accurately – let markets override these boundaries. prestige. or an imagined historical identity. What is required is a sequence of measures. the challenge in J&K is to integrate the region without disturbing the extant sovereign authority over delimited territorial space.people of Jammu and Kashmir. As new lines are drawn on the map. The idea is to retain the former and change the latter. of course. Resolving this lingering and substantial border disputes has become critical. so new borders and new stereotypes are being created in people's minds. economic links between India and J&K and Pakistan and POK are limited. shooting of villagers who have strayed into foreign territory. 40. Limiting cross-border movement has. artifical and temporary line – the line of control – has become a border. It is not necessary to work out a full architecture of integration. Yet there is no need or commitment to develop a common plan of political merging. basis. In view of the past history. This fact can be attributed mostly to the heritage of partition. Bilateral relations have often been uneasy for a variety of reasons. And the means used to secure borders have had a directly negative impact on the lives of local people. 43. The two countries have to resolve the very difficult problem of “domestic” integration within a split international political and economic structure. and huge social and economic costs from the destruction of cross-border transport infrastructure. in the recent past. partner of both India and Pakistan. Nonetheless. Especially when it can have strategic implications. It has to start with a some critical steps. Concessions made in border negotiations can be rich fodder for political oppositions and this has served to further constrain the latitude of governments to compromise.

An election held under international supervision in both parts of the State to choose representatives for holding negotiations regarding the future of the State with both India and Pakistan. 54. being a secular country with diverse religious communities. 49. there is a need to meet the moral argument advocating ascertainment of people's will. So far as options (a) and (b) are concerned. Depending on the nature of successes. On the other hand. Such solutions may jeopardize the strategic interests of both the countries in the region and a change borders is not acceptable to either country. and combining this power-sharing arrangement with regional and national integration. which would reduce uncertainty and provide a 'road map'. Briefly stated. The framing of a broad frame-work on the future of the two parts of the State to be formulated by India and Pakistan. e. Pakistan's Constitution. the course can be modified and calibrated depending on the emerging political situation. Pakistan does not claim that the State. The broad spectrum of public opinion. b. small or insignificant as it may be. There are too many imponderables involved in the game. there are provisions in the Constitution of Pakistan which make it mandatory to support the ideology of the State's accession with Pakistan. Option (c) also does not appear to be practicable. can ill-afford to accept another partition based on religion. taking the path of least resistance and build confidences as we go along. It needs to be appreciated that political positions range from selfdetermination and sovereignty. f. Even Pakistan recognizes the fact that UN resolutions on this subject are not mandatory and are outdated. it would seem prudent to advocate a three-step approach to resolution of the issue – introducing fundamental principles of a solution. they will not be acceptable primarily because they are based on the plea of religious divide and two-nation theory. The following methods commend for consideration: a. The elected representatives of each part of the State would then hold negotiations with their respective country for a resolution framework within the given parameters. The two formulations emerging from the two parts could then be discussed between India and Pakistan for a workable settlement. The question is. 53. which would be based on equal relationships between people of J&K across the border at both substate and national levels. creating a dual power-sharing arrangement. as a matter of right. However. whereas Pakistan's traditional claim was based on the 16 declaration and pursuit of a desire. this may not lead to an equitable or just conclusion – much less a 17 . A plebiscite held simultaneously throughout the entire State of Jammu and Kashmir. will have to be a part of a larger resolution design with a broad end-result in view. Pakistan's only limited claim is based on its alleged right to administer the part of the State under its control by virtue of UNCIP resolution. Besides. It would be useful to mark the material difference between the stands of India and Pakistan vis-à-vis the State of Jammu and Kashmir. Each move. It requires a combination of intra-state measures (across India and Pakistan) with inter-state and supra-state (international) measures. no longer advance the claim that Pakistan expects. They have traditionally taken the ground that let the people of the State decide who they want to go with. India claims that the entire State is a part of Indian Territory. therefore. In this context. Its claim is based on the Instrument of Accession and the ratification of accession by the Constituent Assembly of the State. 50. 52. India's claim is based on the assertion and recognition of a fact. 51. d. or even that of the State which is under its control. in each part of the State. how this “will” can be ascertained. If their decision turns out to be against Pakistan. Its constitution (Article 1) as well as the Constitution of Jammu and Kashmir (Section 3) provides so. c. could be forged into a consensus within their own respective country. and also democratic methods of conflict resolution and management based on respect of individual and group rights. Thus. that State should accede to it. it should be obvious that the J&K issue has not been and cannot be solved on the basis of the exclusively on an intrastate level (i. is a part of Pakistan. 48. partition and co-existence. extrication of the state from current impasse towards a resolution. An election held in both parts of the State to choose representatives who would then hold negotiations with their own country.47. A plebiscite held in stages in different specified regions of the State. At a practical level. India. so be it. it is proposed to move step-by-step. secession and territorial integrity. It is so because there is no treaty or instrument executed between the State and Pakistan that could support any such claim of Pakistan.e within India or within Pakistan). gathered from the elected and un-elected representatives of different sections of society. The leaders and diplomats of Pakistan. does not include the State or any part thereof in its territories (Article 1 of the Constitution of Pakistan). However.

Self rule as a political philosophy can be articulated around the conception of federalism and confederation that allow for sharing of power between two levels of government. entrenched in the traditional notions of sovereignty.is concerned. legitimacy and identity.J&K where peoples mandate is often vitiated -. Autonomy refers to the independence a state has in making policy. Self-rule on the other hand refers to the empowerment of the people of Jammu and Kashmir. b. the combining of this arrangement into the framework of Indian and Pakistan polity. may each demand irreconcilable goals in a formal negotiating process. 63. autonomy is for an institution of governance. introduction of clearly defined fundamental principles on which the solution must be based. Control refers to the actual ability of the state to produce the outcomes it desires. 60. Self-rule has four separate components: autonomy. Design and Operation 57. the element of identity puts it all together. This distinction and its operational importance is very significant in the historical context of J&K. This is a reasonable compromise between demanding a new state and redefining the existing one. It is argued that solution of the J&K issue must be built on three essential elements: a. In our view option (f) is the most practicable and least complicated way out. not an empowerment. or geography. we should combine intra-state measures (decentralisation and power-sharing) with inter-state and supra-state measures. whereas autonomy connotes relative autonomy from the Government of India. The problem in J&K has been that while it has been fairly autonomous. Identity refers to the capacity of the state to endow people with an overriding sense of who they are as a collective group. where the three regions Jammu. self-determination. Autonomy refers to empowerment of the Government of Jammu and Kashmir vis-a-vis the Government of India. Kashmir and Ladakh. Option (e) is more practical and has a precedent in Ireland. the state. duties and rights of the citizen in a reciprocal political arrangement with the state. but instead. Self-rule refers to autonomy from the nation-state of India. 62. even if the government is empowered that power has never been exercised in a genuine manner. control. to shift the focus to more practical policy-oriented discussion of a possible solution to the J&K issue. What sets apart "self-rule" from "autonomy" is the political context in which they are conceived and operate. It lacks control. Legitimacy refers to its process through which the people in power have reached that position.from 18 59. vis-a-vis the nation of India. The experience has been that most governments formed in the state have been severely compromised as far as legitimacy -. and the role of the individual as a producer and consumer in the economy. Hence. The problem with the pure autonomist viewpoint is that it is confuses autonomy with empowerment. for the sharing of sovereignty in a coordinated but not subordinated to one another. This approach. It comprises a nexus of multiple loyalties of an individual as a member of the society. Empowerment of people comes from having instrumentalities of control and then having the legitimacy to exercise those. it has been ineffective in bringing about the results it desires. self-rule gets a pan-Kashmir dimension. creation of a proper system of integration between the state across the borders backed by institutional arrangements. 19 . It is about the Kashmir on either side of the line of control. It is a trans-border concept rather than a local domestic issue which autonomy is. 61. and c. Further. The fact is that autonomy is only a framework. Chapter III Self-rule: Concept. the concept of self-rule has an element of territoriality to it. sustainable and just solution to the J&K issue. self-rule is for a region.means is a fundamental shift in the terrain of political discourse and the existing status of the Kashmir issue. Self-rule seeks to regionalise the concept power. As such it becomes a part of the centre-state debate in the Indian federal set up. 58.consensus – because members of a particular religious community or region may dominate the outcome of the negotiations. Self-rule encompasses the society. And of course. The two are vastly different in substance and style. The change -. 56. which is underlying the concept of self-rule is the only way that would eliminate the sources of ethno-territorial conflicts. and the economy. But Irish situation was not as diverse and region – centric as is the case in our part of the State. national and ethnic borders. 55. “autonomy” to self-rule” -. it can be argued that in order to achieve a stable. while autonomy doesn't have a territorial element to it. Being fully conscious of the shortcomings of exclusive reliance on intra-state solutions. Option (d) would fail in case of our part of the State. 64. Therefore. As such. Our aim is not to discuss the complexities of history and geopolitics. while autonomy seeks to move it across levels of government.

which holds that the State retains the internal sovereignty despite executing the Instrument of Accession. 69. 70. it may be sharing its sovereignty with various political and geographical units of which it may be constituted. foreign affairs and communications. “In view of the uniform and consistent stand taken up by the Jammu and Kashmir Constituent Assembly the sovereignty in all matters other than those specified in the Instrument of Accession continues to reside in the State.each exercising supreme sovereignty in its constitutional prerogatives. that it is repealed. and a bridge between the Union and the State. by definition. The scope within which a community or a society can decide and administer its own affairs. nothing in this instrument shall be deemed to commit me in any way to acceptance of any future Constitution of India or to fetter any discretion to enter into arrangements with the Government of India under any such future constitution. b. 8. 65. while the residuary powers of legislature vested in the Centre in respect of all States other than Jammu and Kashmir. Self-Rule is based on the premise that the constitutional architecture and political institutions of Jammu and Kashmir must be rooted in the cardinal principle that power must. nothing in this instrument affects the continuance of any sovereignty in and over this State. 1954 and also resolved that Article 370 should be retained in its present form. without conceding. b. In view of the terms of the Instrument of Accession executed by the Maharaja of the State with the dominion of India and the provisions of Article 370 of the Constitution of India. Article 370 provided that it could be amended or abrogated by the President of India only if so requested by the Constituent Assembly of the State. exercises powers over such subjects as defence. therefore. The Instrument of Accession was given the constitutional formulation by and under Article 370. the state. security. In its essence. 72. commonly known as country. The relevant provisions of the Instrument of Accession with regard to the status of the State and the retention of its internal sovereignty are as under: a. Every State. Assuming. which declares the State to be a territory of India. Yet. Article I of the Constitution. The Constituent Assembly of Jammu and Kashmir always maintained that State had retained internal sovereignty. clearly states the same: a. It cannot now be repealed and amended. however. In this system. Self-Rule. all other affairs are left in the charge of constituents. This dimension is the process and method in which powers of the State and its constituents are exercised. That will revive many controversies including the issue on the provisional or conditional nature of the Accession. representation and participatory involvement of people. It is this sovereign status of the ruler of the State that is supposed to provide legal foundation to the instrument of Accession with the dominion of India. J&K became an independent country. or save as provided by or under this Instrument. The Constituent Assembly of the State ratified Accession on 15th of February. When Indian Independence Act was passed and the two dominions of India and Pakistan came into being. which was originally supposed to be temporary. The second dimension of Self-rule relates to the manner in which sovereign power is exercised. If this power is exercised without the will. Article 370. has two dimensions: a. 66. Accordingly. has been made applicable to the State only by virtue of Article 370. “7. Generally speaking. There is credible body of thought. Sovereignty was divided between the Union of India and the State – external or over-arching sovereignty vested in the Union and internal sovereignty remained with the State. it will have wide ranging consequences. 71. in word and deed. There are situations where a state may be exercising over-arching and external sovereignty whereas internal sovereignty may be vested in its constituents. Article I will cease to apply to the State. If Article 370 is repealed. In such a case. in the case of the latter they vested in the State itself”. 67. is sovereign. Self-rule is aimed at providing the central element for a 21 . This is a question of extent of powers. Thereafter. this system is known as federalism. over which they exercise internal sovereignty. the only relation between Union and the State will be the Instrument of Accession. the Union of India is possessed with the over-arching external sovereignty over our State. authority and rights now enjoyed by me as Ruler of this State or the validity of any law at present in force in this State”. there is no Self-rule. be exercised by the citizens of the State. It is for the reason that J&K fell in the category of fully empowered Indian States. became a permanent feature of the Constitution of India 20 68. the exercise or any powers. whereas internal sovereignty remains vested in the State. the government of India agreed that. Even the Delhi Agreement of 1952. These are the powers which ensure the integrity and unity of a State including all its constituents.

Moreover. Self-rule cannot exist without adequate constitutional safeguards and necessary political will. It will.the power to set up economic and financial institutions as required along with the necessary enabling legislations. institutional mechanisms are provided for 23 . The most tangible results of the self-rule will be first evident in the creation of a particular networks in governance and economic arena. five each. Under the self-rule. such an institutional structure will provide a framework. full mobilization and utilization of the resources of the State and a reliable and substantial fiscal support by the centre for valid reasons and on legitimate equitable grounds. In line with the concept of sharing sovereignty and recognizing subregional needs and requirements. both on principle and for legitimate strategic reasons. the added reason for going in for a multi layered representative system is that regional differences or sensitivities in J&K require more explicit representations. Self-Rule must also form the basis of relationship between the people of Pakistan Administered Kashmir and Pakistan. and its preservation is of the utmost critical importance. Instead: a. there are certain regional issues that have the potential of snowballing into a dangerous situation. Towards this end. Self-rule cannot sustain itself without a fair and realistic degree of self-reliance. The promotion of genuine sub-regional political and economic empowerment is certainly one of the crucial components of selfrule. political and economic relationship between the two parts of the State and their respective mainlands. The reason. Self-rule will not be a mid-point in a journey or a tactical or evasive prescription. d. It will be a kind of a regional senate. Its unity is also in the enlightened self-interest of the people of all the regions and also accords with their wholesome historical character and experience. sustainable and universally accessible economic and human development. creation of common economic space with specific reference to joint management of water resources and creation of a common energy market. entail a policy and action of responsible. and also. 80. At 22 present the legislative assembly of J&K holds 25 seats for representatives from Pakistan Administered Kashmir. Members of the Regional Council will be from J&K as well as from Pakistan Administered Kashmir. therefore. 76. therefore. offered to justify the nefarious slogan for trifurcation is the alleged discrimination suffered by the people living in the regions of Jammu and Ladakh. The remaining 10 members will be nominated. however misconceived. which need to be sorted out to infuse in people a sense of empowerment and a feeling of belonging. 78. the Legislative Council will be restructured to form the Regional Council of Greater Jammu and Kashmir. Self-rule will entail the rolling back of. by the Governments of India and Pakistan. 77. This will require devising an improved constitutional.comprehensive architecture to be devised for the final and strategic settlement of the Kashmir issue. and also retention of. PDP believes that the unity of the State reflects the essence of our secular culture. b. This will serve as a major cross-border institution. with the second and the third tier representing the constituent territories 75. These could be given up and held as Pakistan Administered Kashmir's representation in the Regional Council. 73. It is. Of course. voices are raised from Ladakh and Jammu for trifurcation of the State. New Political Superstructure: 74. there is an incipient new rationale for an innovative set up. Given the complexity of the notion of representation and the multifunctional nature of modern legislatures. not only imminently desirable but practically mandatory to ensure that all the regions share a sense of equal and equitable empowerment. more gradually. which will ensure long-term coordination of matters and interest relating to the state. It will mandate due co-operation and trust between the State and the Union. The respective state assemblies of J&K and Pakistan Administered Kashmir shall elect 40 members. various provisions of the Constitution of India made applicable to the State. 79. c. in our case. within which certain matters between the two parts of the State and their respective mainlands. in the polity. The main agenda to start with would be economic affirmation -. Within J&K. according to the normative tests that meet the genuine requirements of both the Union and the State. Occasionally. there has to be put in place a legislative system and structure. The Regional Council of Greater Jammu and Kashmir will have 50 members. The Regional Council of Greater Jammu and Kashmir will be entrusted to ensure that the executive is functioning satisfactorily in all “cross-Line of control” matters and coordinate if there are intergovernmental initiatives especially in relation to matter like the operation of dual currency.

Thirdly. which can otherwise get easily lost b. In this context. a regional structure is the best basis for allocating money (top-down perspective). The building of effective structures of sub-regional democracy depends on the development of a strong economic relationship and on the political will to implement it. regions are in the best position to co-ordinate and manage relevant activities on a horizontal level – with similar structures in other regions and even across borders. recent experiences show that the regional approach to the promotion of development is much more effective than the national or supra-national one (bottom-up perspective). then both parts are likely to benefit 25 24 . Firstly. It would be desirable to find appropriate means of building a social consensus across the regions about the need for decentralization of political structures. 85. The federal system of government will mean that powers and responsibilities will be divided between the legislative assembly and the sub-regional councils. When it comes to achieving pre-defined goals. While the national Parliament will have representations to the sovereign. Building and strengthening of regional decision-making powers b. The three basic requirements for efficient policy towards constructive regionalisation are: a. In addition to these. 89. In parallel with economic integration in Greater Jammu and Kashmir and the decentralization of development trends. stabilization and redistribution functions of government. the sub-regional councils within J&K will complete the representative character of the governance by bringing the territorial representation within the state. Empowered sub-regionalization. Secondly.that will convert unhealthy latent as well as patent regionalism into effective region building. 81. For a variety of reasons it often makes sense for the two parts of Jammu and Kashmir to coordinate their economic policies. a. 83. However. stabilization and redistribution functions are best performed at the regional level. Regions are a better environment for integrating a variety of particular interventions necessary for executing a development plan as they are closer to the citizens and to the particular characteristics of a certain area. the state assembly will continue to be the sub-national institution. not weaker. All the regions must be brought to the conviction that regionalization is a process that makes a region stronger. This can be done by creation of sub-regional councils as the third tier of the legislative system. c. Creation of economic networks 82. Effective institution-building c. The key lies in institutionalised problem-solving mechanism. This comprehensive solution can be accomplished through economic integration and sharing of sovereignty without comprising sovereignty of either nation state. If the two parts of Jammu and Kashmir cooperate and set zero tariffs against each other. 84. This makes it easier to understand the challenges of the moment. which would allow constantly transforming conflicts in a positive. The appropriate division of powers between different levels of government can be addressed from an efficiency standpoint using the economics of multi-tier government. The recognition of sub-regionalization with the aim of improving inter-ethnic and inter-religious relations in the region is of paramount importance in the framework of self-rule. 87. a geographical approach is preferable to sectoral policies. using the distinction between the allocation. Economic Integration: 88. there are three development motives to promote the role of sub-regional councils. 86. from the sustainable development perspective. J&K will be a regional federation. as distinct from administrative and bureaucratic decentralization. Effectively. while the local function is usually best exercised at more local levels where it can respond to differences in preferences for public goods. religious and linguistic groups in the region that is otherwise a constant cause of inter-ethnic and inter religious disagreements and tensions. will ensure the co-existence of different ethnic. decision-making processes are shifting towards the regional and local levels in order to bring the instruments of regulation closer to the people and to the environment where events occur. sub-regional council will become the most important instrument for responding to development challenges. non-violent and imaginative ways. Coordination can generate benefits across different segments of the economy.

there is no sure way to predict what that new geography of money will ultimately look like. only one of which involves preservation of traditional territorial money. including India and Pakistan. currency competition compels governments to choose from among a limited number of strategies. 92. financial sector policies and sectoral resource allocation especially towards agriculture were coordinated. economic integration can be pursued in different degrees. confined to the geographical boundaries of “Greater Jammu and Kashmir (GJAK)” and restricted it to some product categories. It is being proposed that Indian and Pakistani rupees should be the medium of exchange in J&K. Establishing common economic space. set common external tariffs. set common external tariffs and also allows for the free mobility of capital and labour across countries. geographical areas of GJAK. India and Pakistan would offer tariff reductions. This component has two dimensions – shallow and deep. ii. Stage II would be to make GJAK a free trade area. allow the free mobility of capital and labour. First. It also involves significant issues about the geography of Money. 96. it can be agreed to eliminate tariffs between the two parts of GJAK and set a common external tariff on imports from India and Pakistan. 94. In other words. This facet has to be taken in account if we genuinely want cross-border trade to flourish. The idea being put forth here is in the realm of deterritorialization of money. If all this works well. third. we can do with some innovation. fiscal. but many configurations are possible and even probable. finally. A better description of this system is a “co-circulation of two currencies” in J&K. But. while deep integration means in fact that cooperation on regulatory issues goes beyond pure trade issues and concern 27 . In stage III. Creating a bilateral free trade area will mean an agreement to eliminate tariffs between the two parts of J&K. 97. Instead of looking for a monetary union. harmonization of economic legislation and synergistic regulations The process of economic integration of the two parts of Jammu and Kashmir can start with the weakest form of economic integration – a “Preferential Trade Agreement”. the Regional Free Trade Area will have to develop elaborate "rules of origin". In the PTA the two countries. we can move to an economic union which typically will maintain free trade in goods and services. 93. and will also relegate some fiscal spending responsibilities to a supra-national agency. Regulatory component. At the moment. This proposition has to be contextualised in the transformation of today's global monetary environment. the process of integration includes three key components: i. The process can be started by declaring the intention to establish common economic space and sign an agreement with a roadmap which envisages: i. would remain in all remaining product categories. allowing circulation of the Pakistani rupee in the Indian part of J&K currency and circulation of Indian rupee in the Pakistani Administered Kashmir. deepening the process as we go along and as the system adapts to change. leading to an increasing population of regional currencies of one kind or another – a distinctly new geography of money. But. We have a fairly good idea of the principal factors that are likely to influence state preferences. This can be followed by a common market establishes free trade in goods and services. By shallow dimension we mean that partners are solving issues related to trade. It can be preferential trade arrangement. To be more precise. Any such type of an arrangement will result in economic integration. relative to the case when both countries attempt to secure short-term advantages by setting optimal tariffs. we may like to have a situation where the Indian and Pakistani rupees are both made legitimate currencies in the 26 95. Benefits will also accrue if labour and capital movements across borders were to be were to liberalized. This could be later applied to rest of the world. it means. This is just one advantage of cooperation. The implications of deterritorialization for the survival of national currencies are only beginning to be understood. At this stage. Higher but non-discriminatory tariffs. while maintaining their own external tariff on imports from the rest of the world. Coordinated economic policy. Trade component.90. circulation of national currencies of India and Pakistan coincides with the territorial frontiers of the two nation states. but introduces the problem of policy coordination. ii. Depending on the political will. there is geography of money. 91. By trade component we mean in fact trade regime or in practice elimination of trade barriers. Second. Instituting a dual currency system iii. Because of the different external tariffs. circulation of national currencies no longer coincides with the territorial frontiers of nation states. though perhaps not eliminations. 98. In principle. It can be called a “Regional Free Trade Area”. a good number of national monies will indeed disappear. A customs union avoids the problem of developing complicated rules of origin. to be clear and well informed.

In their absence. Such sectoral cooperation can have advantages such as: decreasing duplication of functions in the two sub-national areas. and other commodities. 105. rapid industrialization and in the end contributes to sustained economic growth. A key issue with supranational arrangements is ensuring the democratic participation of stake-holders. At the same time “broad” integration has to have from the very beginning a strong political component (security cooperation. One can offer a number of examples of regional public goods. In a strategic perspective this grouping of GJAK may become the nucleus of bigger regional arrangement. long-term isolation from global technology and capital flows. to economic integration with a supranational approach. In fact this aspect refers to the problem of striking delicate balance between liberalization at the national level and reaching certain level of supranationality in terms of managing different integration schemes. or building a regional infrastructure. It is important to recognize that though to start with economic integration can be pursued either through an intergovernmental approach. Supra-nationalism implies that India and Pakistan agree to exercise some of their sovereignty jointly. their exports). Political component. 106. If anything it will be dominated by market forces and prudent economic policies. 107. economic issues iii. it has to graduate from inter-governmentalism to supernationalism. dependence on Indo-Pak economy (which would still be the largest market for 28 103.e. and industrial structure from the legacy era that is hardly compatible with an open economy. for example). Characteristic for many of these activities is that they are regional public goods. facilitating the sharing of regional resources and experience in activities such as research and training. That's why this organization has to be seen as a tool to create subregional market.. etc. developing a road network linking Central Asia and India. we need to look at many forms of regional cooperation can take place around specific projects or thematic issues. including the relatively small size of their economies. a number of agreements can pave road to the closer integration like an Free Trade Zone Agreement. heavily dependency on primary production. for it to contribute to the political resolution of the problem. As this is done. minerals. this grouping will not be dominated politically and economically by either India or Pakistan. 102. It is here that the Regional Council of Greater Jammu & Kashmir will play a critical coordinating role. the shift of sovereignty to supranational bodies may weaken democratic control and strengthen the political influence of groups able to organize effectively at the regional level. i. this means that a law passed at the regional level in those areas where the region is granted competence prevails over national legislation and is binding directly on both countries and citizens of those states. which will facilitate overcoming their relative isolation from world markets. 100. A lot of economic arrangements have to have a distinct political content.99. At the moment this component is one of the most important one. These bilateral agreements can differ from each other in terms of coverage of goods. enhancing efforts to deal with issues such as human. It needs to be understood that GJAK is proposed to be formed as a regional organisation to facilitate political cooperation as well as promote cooperation between India and Pakistan. First. which can be defined as “public goods that must be delivered on the 29 . This “broad integration” concept can result in establishing a common economic space. This logic behind these agreements has to be to re-establish production relations in a new economic environment which had been broken by the partition. The GJAK will face challenging geographic and economic circumstances. Only if this is done can economic integration through supranationalism be a stepping stone to a federal political structure or confederation or a more diversified political outcome in which sovereignty and power is shared at various levels and interacts in complex ways. The second tendency can be named sub-regional integration that is formation of different subregional groups. remoteness from world markets. the transparency of supranational decision-making and the accountability of regional institutions. In fact formation of GK integration's economic component can start form signing bilateral agreements on economic issues of two types: free trade agreements and agreements on production cooperation. the regional free trade area of GJAK will be an interesting example in a number of aspects. In addition to regional trade integration. 104. Operationally. These arrangements are in fact meant to intensify economic cooperation while the actual level of internal economic links trade is rather small. The first one can be tentatively called “broad” integration embracing all districts of GAJK. One of the steps towards a FTZ and custom union can be Agreement on the Single Agricultural Market. animal and plant diseases which know no borders. Appearance of different sub-regional projects can generate multi-speed integration. 101. In fact.

Finally. there has to be a degree of restructuring the Constitutional relationship of the State with the Union. though expressed through imperfect and. Constitutional Restructuring: 115. energy 30 and transport sectors. the habits of cooperation and frequent interactions at policy level generated by some Regional Trade Agreements may raise the degree of trust between parties.108. and rather than custom-build a separate institutional structure for each regional agreement. 111. consistent with the trans-national networks and taking into account the pan-J&K corridors. 110. even subverted and corrupted political processes. The Greater Kashmir Regional Energy Basin. can be an area of high priority. Three arguments are relevant here. All these will be within the purview of the Regional Council of Greater Jammu and Kashmir. it will make energy tradable and the joint agreement governing energy trade that can be visualized will substantially contribute to attracting investment into this strategic sector. supranational level by the two sub-national governments acting in concert”. Both India and Pakistan should also support.e. science and technology. Second. law enforcement environmental management issues including watershed management. Regional Trade Agreements can help in brokering regional cooperation agreements by putting more issues on the table and embedding them in a wider agreement. Article 356 is treated. was thwarted in the State. occasionally. The prospect of overall welfare gains from regional co-operation will make the negotiation of such agreements easier than trade agreements. This is a long and treacherous history – better 31 . Where transport infrastructure is concerned. the will and determination of the people to have a legislature and government of their own choice. In the State of Jammu and Kashmir. the idea is to present ways and explore the extent to which Regional Trade Agreements can be used as a instrument to share sovereignty in the policy areas covered by the Regional Trade Agreements. The key to such a regional energy market based on international standards. which may lower the transfers necessary to ensure that all parties feel they have something to gain from sustaining the agreement. the process of integration will eventually gather a non-political momentum. Regional Trade Agreements can be a help in cooperating on non-trade issues. pollution. It is important that efforts are made to design and develop a regional energy market. public health issues including management of infectious disease and basic research on diseases endemic to a particular region. coordination of cross-border transport networks. It will set the right environment for the optimal development of the energy sector in the region. 113. power grids and data transmission. We need not count or mention the number of times the will and the choice of the people. which was shown above to be important in reaching cooperative regional agreements. which undermines the core of Self-rule i. 112. an integrated regional transport strategy. Most importantly. people have valid reasons to dread this provision even more. The other potential areas of economic cooperation are water. the following constitutional restructuring should take place: a. it may be more efficient and effective to make use of the institutional structures of a Regional Trade Agreements Given the fact that there is a demand by market actors for greater integration and that market actors perceive a significant potential for economic gains from extending market exchange within the region. elected democratically and based on their free exercise of adult suffrage has to be made non-applicable to J&K. Moving forward one area where significant synergies have to build and cooperation cemented is the area of energy. and indeed will find it useful to support. for self-rule to function effectively. 109. information and communication technology. 114. transparent rules will be mutual trust. Article 356. joint projects of regional significance and regional initiatives in the areas of environmental protection. should be able to provide modern and liberalised gas and electricity systems to the entire region and not just J&K alone. with suspicion and consternation by even other states of the Union. First. agricultural research and extension. regional cooperative agreements will often need specialized institutions such as dispute settlement procedures. Third. for legitimate reasons. based primarily on hydro resources. It needs to be clarified that while we are discussing the economic motivations for regional integration and the likely trade and welfare consequences of forming Regional Trade Agreements. Market players will have an incentive to lobby for regional institutional arrangements that render the realization of these gains possible. Based on normative test of harmful effect on the people of the State. They include: financial market regulation issues. management of natural reserves and scientific research on issues of eco-zone management. telecommunications..

duties. while Sheikh–Indira Accord postulated further discussions on this subject. However. should omit reference to Article 249. the provisions in Part VI Ch. has been added to Article 368. similar power in the Governor of the State. The original provision imparted a great comfort to the people that the head of the State. “(4) No law made by the legislature of the State of Jammu and Kashmir seeking to make any change in or in the effect of any provision of the Constitution of Jammu and Kashmir relating to: 1. falls under the State jurisdiction. However. Since the Governor has the power to dismiss the state government and dissolve the State Assembly under Section 92 of the Constitution of State. c. 3. Sheikh Abdullah insisted for restoration of the erstwhile constitutional position viz-a-viz the office of Sadar-e-Riyasat and the Prime Minister. actually Constitutional Order 101 was promulgated by the President under Article 370. left alone in this paper. superintendence. d. The proviso. emoluments. despite this amendment. Here it may be recalled that Delhi Agreement of 1952 itself had recorded the position that both the State and the Union had regarded the extension of Article 356 to State as unnecessary. 117. namely:i. added to Article 368. repeal the Sixth Amendment and restore the erstwhile scheme of an elected Head of the State. relating to Governor. function. appointment. should be rolled back so that the Parliament cannot exercise legislative jurisdiction over a matter which. in essence. was elected by the State Legislature. Sadar-e-Riyasat. Article 248 as applicable to the State in its amended form should confer concurrent jurisdiction on the State under (i) to legislate on the subject of terrorist activities. e. powers. the original constitutional scheme had enshrined a sound federal principle of election of the head of the State by State itself. after having been reserved for the consideration of the President. Prior to Sheikh–Indira Accord of 1975. this was the legal position. “[(b) After Cl (3) of Article 368. by following the constitutional provision contained in Section 147 of the Constitution of the State. Article 249. therefore. received his assent”. privileges or immunities of the Governor. eligibility for inclusion in the electoral rolls without discriminations. otherwise. Shall have any effect unless such law has. which deals with the powers of the Parliament to amend the Constitution of India and not the power of State Legislature to amend its own 33 . limiting the powers of State Legislature. in its application to the State. the following points should be noted: a. Therefore. adding the following Clause to Article 368 in its application to the State: a. there is already Article 352 which provides adequate machinery to take care of the situations of external aggression and internal disturbances. 140 and 50 of the Constitution of Jammu and Kashmir. 116. Article 251. being accountable to them. the issue whether he can be appointed and removed by the representatives of the people or by the Central Government assumes great political and psychological significance in the State. direction and control of elections by the Election Commission of India. the following clause shall be added. if there is a real and present danger to the security or integrity of the Union or the State. The appointment of the Governor by the Union Government is one of the important features of 32 the Constitution of India which makes it less than truly federal in character.b. Legally. free from any external and extraneous pressures or chain of command. This is in addition to Section 92 of the Constitution of the State which vests. applied to the State in amended form. Sixth Amendment of the Constitution of the State which undermines its original scheme of a comprehensive and accountable executive (inclusive of the Head of the State) a critical component of Self-Rule. the head of the State. Section 92 can be amended to provide for situations beyond six months subject to certain safeguards. II of the Indian Constitution relating to Governor were not made applicable to the State. allowances. would act as their agent. the state legislature could anytime. there is a compelling reason for rolling back Article 356 for that shall not only impart to people a sense of democratic security but shall also be in the enlightened national interest. 2. Prior to this amendment. must be repealed. The Sixth Amendment altered this position and provided for appointment and removal of the Governor by the President of the Union. 139. The change in this scheme undermined the basic structure of the State's Constitution and is legally suspect. With respect to this proviso. In the case of our State. adult suffrage and composition of Legislative Council being matters specified in Section 138. Be that as it may. or.

which stand in the way of State getting its legitimate due must be overcome. which give the power to the Union to issue directions to the State to behave in a manner that accords with the executive power of the Union. is ultra vires the constitution. This power of the Assembly is un-amendable because Section 147 is itself un-amendable. Instead. grossly manifested by the above discussed Constitutional Order passed under Article 370. Jehlum and Sindh is vested in the State. This is a glaring example of colorable exercise of power. That is why the title Sadar-e-Riyasat still finds place in this Article. d. Hence the proviso is ultra vires. 118. When Article 370 was inserted in the Constitution of India. Under Article 370 of Constitution of India certain entries of schedule 7 List I (Central List) and List III (concurrent list) have been made applicable to the State. Section 147 itself would have to be amended. vested in the State Legislature. In the Central list. there is sufficient element of linkage and control in Articles 256 and 257 of the Constitution of India. List II (States List) not be made applicable to the State. because the residuary legislative powers including those in List II are vested in the State Legislature anyway. The State Legislature's constitutional power of amendment is the core of empowerment or Self-rule of the State and this cannot be destroyed by an order passed under Article 370. 120. the jurisdiction over rivers Chenab.constitution. 123. to Sixth Amendment be restored. But Section 147 has been made unamendable by the Constitution itself. c. This Assembly decided in 1954 that the provision should remain in force. The provisions in Part V of the Constitution of the State relating to Governor do not fall in the excepted category and the same can be clearly amended by the State Legislature repealing the relevant provision of the Sixth Amendment. except the exercised specified provisions. provided that the development of such mines and rivers is declared by parliament to be expedient in the Public interest. sometimes. illegal intrusion in the domain of Self-rule of the State. therefore. This shall give to the people of all the regions an equal and equitable sense and feeling of empowerment and shall strengthen their bonds.The assault on the constitutional power of the State Legislature. This provides another example how Article 370 has been used as a Vehicle for excessive and. the erstwhile scheme prevalent prior 34 121. the power to make laws with respect to mines and under entry 56 of the said list. to achieve that result. Section 147 of the Constitution of the State confers the power on the Legislative Assembly to abolish Legislative Council. The power to amend State Constitution is vested in the State Legislature under Section 147. We further propose that the Head of the State be elected from the regions of Jammu and Kashmir by rotation. The Parliament of India should therefore. 122. Thus the legislative powers under entries 17 and 23 of list II. nor can this constitutional power of amendment be subjected to approval by the Union of India. the least it can do is to offer due and proper compensation to the State for surrendering the use of its rivers to Pakistan. It was for the reason that power to decide whether this provision should remain in force or whether it should be modified was vested with the Constituent Assembly of the State. Clearly. entry 54 vests in the Parliament. It is therefore imperative that the relevant provisions of Constitutional Order 101 be rolled back which. clearly establishes the necessity for incorporating some fool-proof provisions in the Constitution of India and J&K in the event a new scheme is devised and accepted pursuant to the discussions of the working group appointed by the Hon'ble Prime Minister. b. 119. though this office has been dispensed with under Sixth Amendment. Besides. it was designated as temporary. In the view of PDP. instead of as a bridge to be used for necessary and wholesome purposes. Hence this became the permanent provision of the Constitution of India. in any case. This is for the reason that. 35 . therefore. relating to water and mines. can be made un-amendable. Union must respect and trust the collective judgment of the people of the State rather than rely only on the appointment of non-state subject as a guarantee of linkage between the Union and the people of the State. No provision of the Constitution of the State. An argument is advanced by certain quarters that Governor is the only link between the Union and the State and that if the Head of the State is elected rather than appointed by the President of India this link will break. The proviso is. 124. Constitutional Order 101 on this ground is also ultra vires. totally and grossly out of place and ultra vires the constitutional scheme. if any. Parliament has power to make laws with respect to inter-state rivers. even if Union of India is bound to respect Indus Water Treaty. This is an argument of mistrust. remove the phrase “temporary” and substitute it by the word “special” in Article 370. All legal provisions. It permits the State Legislature to amend any provision of Constitution except a few specified provisions mentioned therein.

The local human resources are under-utilized and are occasionally not trusted to hold sensitive positions in the State Executive. As part of the settlement process with Pakistan. To foster minority confidence in public institutions as well as ensure responsiveness of these institutions to all segments of the kashmiri society. intention or gestures. the return and rehabilitation of economic and political migrant and recognition of their rights will not only be the index of normalcy in the state but also of democratic maturity of our civil society and state institutions. it will be desirable to have institutional arrangements between the two parts of Kashmir to work out a durable supranational institutional structure. To help the civil society achieve its earlier integration this can be a very useful initiative. other migrant minorities and ensure their integration into society and participation in public life. 1951 and Article 312 be rolled back and the local human resources are provided clear and unhindered opportunity to develop their full potential and it is trusted to manage the affairs of the State. 127. The return and the rehabilitation in the valley of this ethnic minority is critical to the peace process. extended to the State by Union of India. It should be evident that the scheme of regional federalism of selfrule. The All India Services Act. in promoting good practices in minority governance. from time to time. therefore. The Ombudsman will aim to create and expand the availability and effectiveness of institutions addressing minority issues in J&K. In so far as. 130. pluralistic culture that has defined Kashmir historically. This is an essential part of the holistic concept of Self-rule. all religions and groups are taken care of it. the Central statutes extended to the State are concerned. can be was a crucial component of the transition to civil strife towards harmony. proposal. South Africa's Truth and Reconciliation Commission is generally considered a model Anybody. it can be discussed with Pakistan for seeking a similar dispensation for the people living in Pakistan Administered Kashmir and Northern Areas. Perpetrators of violence could also give testimony and request amnesty from prosecution. proposed that All India Service Act. it is proposed to guarantee minority representation for kashmiri pandits in the state assembly. 1951 has been extended to the State. in the hope of resolving conflict left over from the past. economy and society of greater Jammu & Kashmir will not entail major constitutional and political restructuring in India. Along with the bilateral negotiations between the two countries. 132. As is well known. What remains are the minorities. as a result of which officers belonging to All India Services cadre hold all-important positions in the civil and police administration. both the countries should proceed to improve the lives of the people of the entire State. especially. The TRC is a commission tasked with discovering and revealing past wrongdoing by a government. It is. In the existing situation. who felt they had been a victim of violence could come forward and be heard at the TRC. 36 37 . are a part of the history. Self-rule and its associated formulations in the sphere of polity. Principal among these are the Kashmiri Pandits who have an important role to play in the present and future of the State. The assurances and promises. but. Kashmiri Pandits are an integral part of Kashmiri society and essential for the strengthening of the composite. All those assurances intend to convey to the people of the State a solemn pledge that they can enjoy internal sovereignty or Self-rule in the State. This formulation of Self-rule will prove efficacious and beneficial to the extent if it is accompanied by other concomitant measures. 128. it is also proposed to have a Minority Ombudsman for the state. factually the bureaucracy exercises it. 131. To conclude. Beyond the peace process itself. Once this formulation of self-rule is accepted in and by India. if set up with honesty and sincereity. it has to be the effort of the governance structure as well as the legislative system to maximise the participation of ethnic minorities.125. Beyond participation across regions. As a key institution. In this context. one thing is very clear: status quo cannot be maintained in the J&K. ombudsman will play a significant role in minority issues. on case-to-case basis. The TRC. the same can be reviewed on merits. The major contribution of this institution will be to enhancing the understanding of issues surrounding migrants and 129. 126. while the executive authority of the State is constitutionally vested in the Governor/Council of Ministers. While they are occasionally set up by states emerging from periods of internal unrest. notwithstanding anything – any formulation. A number of people and organisations have suggested setting up of a Truth and Reconciliation Commission in and for J&K. Any idea of Self-rule is incomplete without providing that the executive authority of the State is actually exercised by the State subjects.

as well as nominees by the Government of India and Pakistan. b. 3. the economic integration will be deepened through sub-regional integration. and will be a kind of a regional senate. Creating a regional free trade area will mean an agreement to eliminate tariffs between the two parts of J&K. a tier that of sub-regional councils. the subregional councils will complete representative character of governance by bringing in the territorial representation in the state. which will ensure long-term coordination of matters and interest relating to the state. In the PTA the two countries. Members of the Regional Council will be from J&K. a. a new system of “Dual Currency” will be created. Constitutional restructuring that ensures sharing of sovereignty without compromising political sovereignty of either nation state. instead of looking for a monetary union. the following roadmap can be envisaged: iv. Stage II would be to make GJAK a free trade area. f.Main Proposals The comprehensive formulation of self-rule has three sub components: 1. would remain in all 38 e. v. This will serve as a major cross-border institution. Further. Instituting a dual currency system vi. though perhaps not eliminations confined to the geographical boundaries of “Greater Jammu and Kashmir” and restricted it to some product categories. Our vision is to move towards an economic union which will maintain free trade in goods and services. Appearance of different sub-regional projects can generate multi-speed integration. including India and Pakistan. The centrepiece of the governance structure under self-rule is the cross border institution of Regional Council of Greater Jammu and Kashmir. For Self-rule to operate effectively. India and Pakistan would offer tariff reductions. b. 2. A new political superstructure that integrates the region and empowers sub-regions: a. Consistent with our legislative design. A critical element of self-rule is the economic integration across the line of control. while maintaining their own external tariff on imports from the rest of the world. as well as from Pakistan administered Kashmir. it can be agreed to eliminate tariffs between the two parts of GAJK and set a common external tariff on imports from India and Pakistan. allow the free mobility of capital and labor. remaining product categories. This has to be done if we want cross the line of control trade to flourish. Establishing common economic space. set common external tariffs and also allows for the free mobility of capital and labor across countries. For the process of integration. In stage III. It can be called a “Regional Free Trade Area”. This could be later applied to rest of the world. It is being proposed that Indian and Pakistani rupees should be the medium of exchange in J&K. harmonization of economic legislation and synergistic regulations. d. A better description of this system is a “co-circulation of two currencies” in J&K. The Regional Council will replace the existing Upper House or the Legislative Council of J&K. which undermines the core of Self-rule and has to be made non39 . To empower various sub-regions within the J&K state. and will also relegate some fiscal spending responsibilities to a supra-national agency. Coordinating economic policy. c. This can be followed by a common market establishes free trade in goods and services. set common external tariffs. allowing circulation of the Pakistani rupee in the Indian part of J&K currency and circulation of Indian rupee in the Pakistan administered Kashmir. A phased economic integration that transcends borders: a. The process of economic integration of the two parts of Jammu and Kashmir can start with the easiest form of economic integration – a “Preferential Trade Agreement”. the state assembly will continue to be a sub-national institution. Higher but non-discriminatory tariffs. While the national Parliament will have representations to the sovereign. it means. To be more precise. will be added to the domestic legislative structure. Article 356. that is formation of different sub-regional groups. where the Indian and Pakistani rupees are both made legitimate legal tenders in the geographical areas of GJAK.

totally and grossly out of place and ultra vires the constitutional scheme. The proviso. otherwise. c.b. 40 . Prior to this amendment. will have to be repealed. The proviso is. Sixth Amendment of the Constitution of the State that undermines its original scheme of a comprehensive and accountable executive (inclusive of the Head of the State) a critical component of Self-rule. limiting the powers of State Legislature. The State Legislature's constitutional power of amendment is the core of empowerment or Self-rule of the State and this cannot be destroyed by an order passed under Article 370. applicable to J&K. Article 249. It is a part of the design of self-rule that Head of the State be elected from the regions of Jammu and Kashmir by rotation. This shall give to the people of all the regions an equal and equitable sense and feeling of empowerment and shall strengthen their bonds. falls under the State jurisdiction. therefore. the State Legislature elected Sadar-e-Riyasat. 1951 and Article 312 be rolled back and the local human resources are provided clear and unhindered opportunity to develop their full potential and it is trusted to manage the affairs of the State. the head of the State. All India Service Act. applied to the State in amended form. has been added to Article 368. should be rolled back so that the Parliament cannot exercise legislative jurisdiction over a matter that. which deals with the powers of the Parliament to amend the Constitution of India and not the power of State Legislature to amend its own constitution. d. In a similar vein.