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Autonomy of a State
in a Federation
A Special Case Study of
Jammu and Kashmir
Waseem Ahmad Sofi
Autonomy of a State in a Federation
Waseem Ahmad Sofi
Autonomy of a State
in a Federation
A Special Case Study of Jammu and Kashmir
Waseem Ahmad Sofi
Government Degree College
Jammu, Jammu and Kashmir, India
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer
Nature Singapore Pte Ltd. 2021
This work is subject to copyright. All rights are solely and exclusively licensed by the
Publisher, whether the whole or part of the material is concerned, specifically the rights of
translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on
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The use of general descriptive names, registered names, trademarks, service marks, etc. in this
publication does not imply, even in the absence of a specific statement, that such names are
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The publisher, the authors and the editors are safe to assume that the advice and information
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This Palgrave Macmillan imprint is published by the registered company Springer Nature
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Dedicated with Love and Affection to the Aligarh Muslim
University, Aligarh
Preface
vii
viii PREFACE
to offer a final solution on the themes. They are intended to raise ques-
tions about its assumptions, apprehensions and aspirations for the success-
ful working of world’s largest democracy. The book does not claim that a
balanced attention has been made particularly covering the aspect of J&K
state autonomy in the context of Indian federalism. However, the impor-
tance has been given to its greater autonomy in order to attract national
concern about it and for the survival of Indian federal set-up. It is hoped
that the concern and the consciousness would also lead to solutions that
might come from concerned and wiser minds.
ix
x ACKNOWLEDGEMENTS
a student my journey in the campus came to an end but there are not enough
words to describe the role of AMU in my student life. It will always remain a
living inspiration in my soul, an inspiration that kept me going and helped
me to turn my life around. Finding in it a new home, how a person could
forget his home where he had been nurtured? At the end, I would like to
conclude it here with the first two lines of my AMU Tarana and proudly
to say—Ye Mera Chaman Hai Mera Chaman, Main Apnay Chaman Ka
Bulbul Hoon.
The book took an immense amount of work and it would not exist
without the invaluable contributions of a number of thoughtful and sup-
portive people. First and foremost, I would like to thank my parents for
their love and unconditional support throughout my life. This is my
mother, Mrs Hajra Bano, who keeps her smile always on my shoulders,
whatever life brings about. The word I use for my mother is devotion,
because she is always there for me in my life. My father, Haji Gh Nabi Sofi,
boatman and a farmer, had never been to school and modelled his home
with his own hands and he has never said it, what he has done for us. His
love, his advice about the people and his faith give me the strength and
purpose of my life.
Three exceptional persons are most worthy to mention here who
encouraged me in all possible ways to complete this book. First is Professor
Arshi Khan. He is a professor in the Department of Political Science at
AMU. He is an academic, social activist and my mentor. Next is my
brother-in-law Mr Basharat Ahmad Sofi, who is a businessman, social
activist and my mentor. Then my adorable younger brother, Mr Majid
Ahmad Sofi, who is very close to me and kept the supply of tea constant
to help me in completing the book. Finally, I would like to express my
very warm gratitude to Sandeep Kaur (Associate Editor of Springer
Nature), who read each draft of the book and made extensive comments
and reviews. Her advice and criticism have been both constructive and
insightful and undoubtedly improved the quality of the book.
6 Conclusion179
Index187
xi
About the Author
xiii
List of Abbreviations
xv
xvi LIST OF ABBREVIATIONS
The demand for more autonomy by the states remained a key issue in
almost all the modern federations of the world and Indian federation is
no exception to it. Indian constitution possesses all the essential charac-
teristics of a federal constitution. However, the question whether the
Indian Constitution is truly a federal or quasi-federal or unitary constitu-
tion is really a debatable issue. Indian Constitution is federal in nature,
quasi-federal in working and absolutely unitary in an emergency and is
perhaps one of the few constitution in the world that make conscious
efforts to incorporate and strengthen the idea of co-operative federalism.
The complex nature of Indian federalism and demand for more auton-
omy to the states are the most controversial issues of Indian federation
at the present time. The great centralized tendency in Indian federation
has led the erosion of autonomy to the states at a large extent. The con-
stitution of India has deliberately built bias in favour of greater central-
ization and allocated larger jurisdiction to the central government in
order to meet the peculiar needs. In a nutshell, both constitutionally and
politically, India’s new federal system as originally conceived is of the
union type in which the structural-functional balance is in favour of the
central government. The book is mainly aimed to critically examine the
problems of state autonomy in Indian federal system with a special case
study of Jammu and Kashmir.
As far as the autonomy debate in the context of Indian federation is
concerned, it is historically linked with the state of Jammu and Kashmir.
It is because Jammu and Kashmir is the only state within the Union of
xix
xx Introduction
India which has been given a separate state constitution as well as special
status and a greater degree of autonomy. Originally, the foundation of
autonomy in the state of Jammu and Kashmir was laid in terms of the
standard Instrument of Accession, dated 26 October 1947, when the
state joined the Union of India as a federal unit. Under this Instrument
of Accession, the state of Jammu and Kashmir has acceded only three
subjects to the Indian Union, namely defence, communication and for-
eign affairs. Later, the legal relationship of the state of Jammu and
Kashmir with the Union of India was regulated by Article 370 of the
Indian Constitution which came into being after the adoption of the
Indian Constitution in 1951. Article 370 of the Indian Constitution
clearly defined the autonomous character of the Jammu and Kashmir
state within the Union of India.
The provisions of the Constitution of India that would apply to the
state of Jammu and Kashmir are contained under Clause (1) (d) of Article
370 of the Indian Constitution. It is because of this provision of Article
370 that after 1953 Jammu and Kashmir has lost its special status and even
its position became weaker as compared to other states in the Indian fed-
eration. The Constitutional Amendment Order 1954 under Clause (1)
(d) of Article 370 which was imposed to the state of Jammu and Kashmir
after 1953 became the main force for the erosion of greater autonomy to
the state of Jammu and Kashmir. The central government has made seri-
ous deviations through this Constitutional Order. In order to merge the
state completely with the Union of India, the central government issued
and imposed almost other 42 Constitutional (applicable to Jammu and
Kashmir) Orders during the period from 1954 to 1986. Thus, from 1953
onwards, especially in the 1960s and 1970s, the process of erosion of the
state autonomy was rapid and on a large scale.
At the present scenario, the discourse of Kashmir politics has com-
pletely changed as the Article 370 of the Indian constitution which was
considered as the crown of the state was abrogated along with Article 35A
by the BJP Government on 5 August 2019. With this historic decision,
the Indian Government also bifurcated the state into two union territo-
ries—Jammu and Kashmir, and Ladakh. With the abrogation of Article
370 and Article 35A, the Kashmir politics was being reduced to zero. The
special status and position of the state, its historical identity and composite
Riyasat (Kingdom), which the Article 370 was supposed to guarantee and
preserve, are no more. All these changes of Indian federation have been
emphatically discussed in the present book. The book clears that the
Introduction xxi
Introduction
The word ‘federalism’ is a buzzword and has remained a topic of discus-
sion among experts and other luminaries of this field. Etymologically, the
word ‘federalism’ has been derived from the Latin word foedus which has
various connotations, namely covenant, contract, treaty, agreement and
alliance. All these terms reflect the same meaning. In the more simplistic
way, federalism is defined as a process where power is distributed between
two levels of governments: the national government and the state govern-
ment. Hence it is unlike unitary form of government where power is con-
centrated at single level, that is, union or centre level. Thus, a division of
powers differentiates federal state from a unitary one.1
Generally, in all federations, constitution is a basic law of the land
which delegates powers and responsibilities to the centre and the states,
which is not the case in unitary states.2 The concept of federalism should
not be intermingled with that of ‘decentralization’, ‘deconcentration’ or
‘devolution’ in which the central government unilaterally and without
the consent of federal unit delegates powers to the institutions subordi-
nate to it. However, at the same time, the central government without
the consent of another can withdraw this power at any time as well.3
Mostly, in a federal form of government, both central and regional
authorities are inter-linked and inter-connected with each other. It is
totally based on power-sharing mechanism and the balance is maintained
in such a way that both are independent in their own affairs and neither
one set of government is legally subordinate to the other nor any level of
government is dominant or dependent. There is permanent mutual divi-
sion of the highest power, that is, sovereignty is shared between the parts
of the whole and the whole itself. In fact, in federal system there is no
concept of double sovereignty, which will separate one from another;
rather there is a concept of divided and shared sovereignty. It is arranged
in such a way that both the two levels of government, the federal level
(the whole) and the regional level (the parts), exercise a part of this sov-
ereignty independently. It is managed in such a way that both participate
in the decision-making process and both are autonomous within their
respective fields.4