Autonomy of a State in a Federation: A Special Case Study of Jammu and Kashmir

207 Pages·2021·1.815 MB·English

by  Waseem Ahmad Sofi

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
ISBN 978-981-16-1018-9 ISBN 978-981-16-1019-6 (eBook)
https://doi.org/10.1007/978-981-16-1019-6
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Dedicated with Love and Affection to the Aligarh Muslim
University, Aligarh
P
reface
Alhamdulillah, I am very happy that I compiled my thesis work into a
book, with large additions and modifications keeping the contemporary
scenario in mind. This is a manifesto to build public opinion for a basic
transformation on the centre-state relation in the world’s largest democ-
racy. The book is a collection of chapters related to the Indian Constitution,
the Indian federalism and democracy, and specifically Jammu and Kashmir
(J&K) politics and autonomy. Greater attention is paid to the various
aspects of the autonomy of the states and its emerging trends with special
reference to J&K autonomy. On the first week of August 2019, the coun-
try had taken a historic decision with the abrogation or substantial modi-
fication of Articles 370 and 35A and a new era has begun in the Indian
federation as well as in Jammu, Kashmir and Ladakh. Abrogation of
Articles 370 and 35A alongside bifurcation of state into union territories
with and without the State Assembly has both political and legal ramifica-
tions. How will these changes benefit the common man? What advantages
will accrue to the region? What will be the impact on Indian federal
structure and on the state in a new era without Articles 370 and 35A? An
attempt has been made to answer all these controversial questions in the
present book. The discussion that makes this book different from the
other books written on the same subject is that all those controversial
questions related to Indian federalism and Kashmir autonomy which
deserve sustained citizen interest and national debate have been properly
answered in the present book. The ideas presented in the book have been
articulated in the parts and submissions in the book are not the attempts
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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.
Jammu, India Waseem Ahmad Sofi
a
cknowledgements
I express my sincere thanks to my second home Aligarh Muslim University
(AMU), which is also known as the Oxford of the East and the oldest cel-
ebrated institution of learning in the north India. For me, it means not
only a high-level educational institution where I studied for acquiring
degrees, rather it is a place where I grew to learn about the people, my
country and the world. Thus, time spent in AMU (May 2010–May 2018)
is the most worthwhile period in my young life. It is not easy to talk about
all these eight years of my university life, but when I come to think of these
times, I still feel those were the best, easiest and possibly happiest years of
my life. Although the grown-up life is just as amazing, at the same time,
there is nothing like being a student. It seems that those eight years of
university life were an experience that words cannot explain. I do not
know whether stepping into the real world can be scary or serene, but I
wish that if I only could be a student forever! The central library of the
AMU popularly known as Maulana Azad Library with more than 110
sister libraries (college/departmental libraries) is one of the largest univer-
sity libraries of the world. This is a miracle and one of the best perks of
being a student and I miss it the most. Conversations in the library can-
teen, the hall canteen or roadside dhabas along with cheap tea joints
known for evening sittings would remain one of the essential memories of
AMU campus. Hostel life taught me how to live with more than hundreds
of strangers, and leaving it with an equal number of friends is one of the
greatest things that could happen. I met people from all walks of life and
the pleasure of living in a hostel is beyond words. Finally, it seems that as
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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.
Dr. Waseem Ahmad Sofi
c
ontents
1 Conceptual and Theoretical Framework of Federalism 1
2 State Autonomy in the Context of Indian Constitution 29
3 Autonomy of Jammu and Kashmir in the Context
of Indian Constitution 67
4 Erosion and Demand of Autonomy in the State
of Jammu and Kashmir 113
5 Erosion of Autonomy in the State in Contemporary
Era, 2014–2019 161
6 Conclusion 179
Index 187
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