Author – Ranjan Majumder

If you are asked directly, why had Babasaheb  Dr.B.R.Ambedkar refused to draft Article 306 (A) i.e. Article 370? You may be answerless or will avoid or just pass on with the well-circulated misinformation.

In an Editorial of “Tarun Bharat”, an RSS mouthpiece, dated 1991, Balraj Madhok, an RSS Veteran had started a new era of “History-Distortion”. Without any sufficient documental support, he put some words about a very serious matter of Jammu & Kashmir.

Who was Balraj Madhok?

“Article 370: A Constitutional History J&K, author the noted lawyer and constitutional expert Abdul Ghafoor Majeed Noorani known popularly as A.G.Noorani, published by Oxford University Press in 2011 had exposed Shyamaprasad Mukherjee and perhaps that has triggered Govt. of India to declare no commission to find out the cause of death of  Shyamaprad Mukerjee. Moreover this declaration has covered the real cause of murder and murderer.

Balraj Madhok was thrown out of Bharatiya Jan Sangha for the cause, jotted down latter in his book, had mentioned the death of Din Dayal Uppaddhay who was murdered, done by insiders of the organization for political promotion. But no criminal proceedings were done against the accused. As per his claim, the enquiry commission which was supposed to find out the culprit/culprits of “Murder of Din Dayal Uppaddhay”, was managed by late Prime-Minister Atal Behari Vajpayee (during the incident he was not in the post) and his contemporary colleagues, just like present Prime-Minister Narendra Modi had managed Godhra-Massacre.

Balraj Madhok had carried over the above legacy to Atal Behari Vajpayee and that is why blackmailed Atal Behari Vajpayee had finished his duty by saying Narendra Modi to comply “RAJDHARMA” during Godhra-Massacre.

Jammu Praja Parisad, the apparent political front of landlords, an unofficially official outfit of RSS, formed by Balraj Madhok on 1947 to solve J&K issue as per line of RSS, was apparently diluted in Jana Sangha, the original organization of Shyamaprasad Mukherjee, to form “Bharatiya Jana Sangha” in May, 1951 with the intent of snatching of Political-Leadership which will be established if you follow next two years chronology of events in J&K and Delhi.

Balraj Madhok was an outsider in J&K, came in 1942 to expand RSS and in 1944 he had gone to Kashmir Valley with the same purpose. Just before partition, RSS pushed all forces to “full integration of Jammu in India” But Shyamaprasad was in another mood. “Maharaja” was cherishing to be head of Independent State and he was seeking acceptance from both, India and Pakistan. Shyamaprasad was in favour of Maharaja’s opinion. But building up of communal disharmony which was caused because of expansion of RSS within J&K and sudden attack of Rajakar from Pakistan, prompted due to collapsing of East Pakistan i.e Partition of Bengal, had forced Shyamaprasad to go for another way. Now, he advocated for “Special Status” for J&K within India. He sided himself from Saffron-Politics till “Delhi pact” was signed by Nehru.

Shyamaprasad was not in favour of the actual exchange of people between parted Bengal. Due to “Delhi pact” or “Nehru-Liaquat Pact”, a huge section of so-called Hindu but they were Bahujan, drifted to West Bengal from East Bengal ( that time East Pakistan, Presently Bangladesh) which was unacceptable to Shyamaprasad because the defeat he faced from Mahapran Jogendranath Mandal, the Historic win of Babasaheb Dr.B.R.Ambedkar from undivided Bengal. His resignation from cabinet on 8^th April, 1950 had forced him to look for fresh Political Position.

On 23^rd April, 1951, Shyamaprasad had initiated a new party Bharatiya Jana Sangha (BJS) in West Bengal. With Hindu Mahasabha, he tried to sideline the people who were at the bottom of hatred-hierarchy in Brahminical-System and with Bharatiya Jana Sangha (BJS), his new mission was to sideline Religious-Minorities. He expanded BJS to Punjab and Delhi under leadership Balraj Madhok on 27^th May, 1951.

Sheikh Abdulla was politically attacked with a vigorous protest organized by Jammu Praja Parishad in early 1949 and to counter the protest among other things, Balraj Madhok was thrown out from the State as an outsider organizer persona as per rule at the Princely State at that time.

The Praja Parishad submitted a memorandum to the President of India in June 1952, calling for full integration of J&K.

The 1952 Delhi Agreement was formulated to settle the extent of applicability of the Indian Constitution to the state. Following this, the Constituent Assembly abolished the monarchy in Kashmir and adopted an elected Head of State (Sadr-i Riyasat). However, the Assembly was slow to implement the remaining measures agreed in the Delhi Agreement.

The Praja Parishad undertook a civil disobedience campaign for a third time in November 1952, which again led to repression by the state government. The Parishad accused Abdullah of communalism (sectarianism), favouring the Muslim interests in the state and sacrificing the interests of the others.

Before moving too far, better to be more appropriate. The beauty of the Constitution of India, drafted by Babasaheb Dr.B.R.Ambedkar regarding strong bonding with Central Govt. to Princely states is such that no one can opt-out at later period of time, once included in India. Hyderabad was forced with administrative power to join with India due to geographical position. Junagarh was forced to surrender as Pakistan had agreed for a plebiscite and Pakistan lost. But for J&K, Maharaja Hari Singh had wished to be Independent Ruler, a third option for the Princely States. Maharaja had tried this option as advantageous geographical position according to him which came out as much more dis-advantageous. He wanted to maintain cordial relation through International Treaties with two domains, India and Pakistan, the other two options for the Princely States. He had maintained documental contact to both sides for approval and only Pakistan gave approval to the proposal. But Pakistan was not interested to materialise the proposal. In the name of Rajakars (Armed Invaders) backed by Pakistan Offical Force, had infiltrated across the border of Pakistan and  J&K. Hari Singh did not miss the intention of Pakistan and had gone back to India for help. Babasaheb Dr. B.R.Ambedkar was not interested to interfere till Maharaja gave his consent to sign IOA (Instrument of Accession). He was forced to sign IOA (Instrument of Accession) on 26^th October, 1947 in respect of only three fronts (Defense, Foreign Affairs and Communications) to protect his interest. Before signing IOA, he had twisted his mind to have the “Special Status” for J&K. Lord Mountbatten, the Governor-General of India accepted the instrument next day and on 27^th October, 1947 by order of Governor-General of India, the Indian army took positions in Srinagar and other required locations to stop those Rajakars. On 27^th July, 1949, a cease-fire was declared between India and Pakistan after a complaint was lodged in the UNO Security Council to stop the firing. Sheikh Abdullah was appointed as the “Head of the Emergency Administration” by an order of Maharaja on 30^th, October, 1947. Like all other IOAs signed by the different Princely States were counter-signed by Governor-General of India Lord Mountbatten, everyone was entitled to frame their own Constitution. But Babasaheb Dr. B. R. Ambedkar had convinced them on the basis of Finance and Administrative inadequacy to run the state to proclaim to accept Constitution, prepared by Constitute Assembly of India. Only J&K had rejected his advice. Maharaja had appointed Sheikh Abdullah as “Prime Minister” on 5^th March, 1948 of Interim Govt. of J&K as a gesture of conditional accession as per IOA. Just wait and have a look, J.L.Nehru was the Prime Minister of Dominion India or Interim Govt. of India and Sheikh Abdullah was appointed as “Prime Minister” of Interim Govt. of J&K. Interim Govt. of India was given the power to frame Constitution under Governor-General of India, Lord Mountbatten. Similarly, Interim Govt. of J&K was enjoined to convene a National Assembly “to frame a Constitution” for the State under the limitation of IOA by rejecting Babasaheb Dr.B.R.Ambedkar’s proposal. As J.L.Nehru was hungry to grab the power as Prime Minister of sovereign India, had accepted the position of “Interim National Assembly” of J & K.

The Para (7) of the Instrument Of Accession which reads as “Nothing in this instrument shall be deemed to commit me in any way to acceptance of any future Constitution of India or to fetter my discretion to enter into arrangements with the government of India under any such future constitution”. 

In a letter sent to Maharaja Hari Singh on 27 October 1947, the then Governor-General of India, Lord Mountbatten accepted the accession with a remark, “It is my Government’s wish that as soon as law and order have been restored in Jammu and Kashmir and her soil cleared of The Invader, the question of the State’s accession should be settled by a reference to the people.” Lord Mountbatten’s remark and the offer made by the Government of India to conduct a plebiscite or referendum to determine the future status of Kashmir led to a dispute between India and Pakistan.

But latter, India claims that the accession is unconditional and final while Pakistan maintains that the accession is fraudulent.

Thus, Article 370 was born out to accelerate the desire of Sheikh Abdullah and Pt.Nehru. Art.370 provides separate constitution & a separate flag that flies side by side with the Indian tricolour in J&K.

Article 370 of Indian Constitution which was of declared as “Temporary in Nature” grants special status to J&K, was adopted by the Constituent Assembly as to satisfy personal interests by sidelining “National Interests”. Pt, Jawaharlal Nehru had advised Sheikh Abdulla to discuss with Babasaheb  Dr. B. R. Ambedkar, The Chairman of Drafting Committee who had promptly refused as the demand of “Special Status” is against the National Interest. Being denied, Pt.Jawaharlal Nehru had taken the new path.

What was the “National Interests” according to Babasaheb  Dr.B.R.Ambedkar at the time of framing of “Constitution of India”? Protection of “Social Security and Human Rights” of marginalized people was “National Interests” to Babasaheb Dr.B.R.Ambedkar. And that was the basic cause of his refusal to draft the said Article.

The real causes are  NOT to support Article 306 (A) I,e, Article 370, to provide  “Social Justice and Human-Rights” to marginalised people of the state for Babasaheb Dr. B.R.Ambedkar, a real visionary-leader, as the State Government of Jammu & Kashmir can enjoy the power of “Selective Application” of Laws passed by the Indian Parliament under the skin of “Special Status”. Even Maharaja Hari Singh had declared grants and opportunities to people, students, job-seekers, public-representative-seekers etc. from the Scheduled Caste communities of his princely-state, after attending Round Table Conference and hearing Babasaheb Dr. B.R.Ambedkar’s speeches which had shaken the consciousness of right-thinking Indians and British. Babasaheb Dr.B.R.Ambedkar had visualised the selective application of laws passed by the Indian Parliament must hit hardly to Scheduled Caste Communities for whom he was working throughout his life, Bahujan-cum-Sarvajana Samaj Not even a single MP (Rajyashabha. & Lokshabha) from SC/ST communities has sent to Indian Parliament from J&k as of today. No facilities have given to SC/ST communities as par laws passed in Indian Parliament. All Political Parties other than BSP and all Political leaders other than followers of and self,  “Hon’rable Sushri Mayawati Ji” who had supported to remove Art. 370 but definitely, she had not supported the removal-procedure. Even those who had supported the removal of Art.370 had never thought as per Babasaheb Dr. B.R.Ambedkar other than BSP and Leader “Hon’rable Sushri Mayawati Ji”,

Pt Nehru asked Gopalaswami Ayyangar, Minister without portfolio in his Cabinet to draft the necessary Legislation and negotiated on May 15 and 16, 1949 with Vallabhbhai Patel at his residence in New Delhi. Abdullah was present there. This legislation was numbered 306-A, was passed without any further amendments in it. The State of J&K was represented in the National Level Constituent Assembly by four members namely Sheikh Mohd. Abdulla, Mirza MA Beg, Maulana MS Masudi, and Moti Lal Bigra. It was virtually a decision of Pt Jawaharlal Nehru and Home Minister Patel.

The only documentary evidence about Babasaheb Dr.B.R. Ambedkar’s views on J&K can be found in his speech of 10^th October, 1951 which is reproduced in Babasaheb Dr. B. R. Ambedkar’s Writings, Vol.14, Part Two (Pages No. 1317-1327). And this speech is the root-cause to support the creation of “Centre-Ruled Territory” of “Hon’rable Sushri Mayawati ji”. Support for the partition of Jammu and Kashmir was expressed in his speech of Babasaheb Dr. BR Ambedkar’s on October 10, 1951, and the decision of “Respected Ms. Mayawati” is an expression of Babasaheb Dr. B.R. Ambedkar’s thought.