COVER STORY

From the State Autonomy Committee Report

Important recommendations of the State Autonomy Committee (SAC) Report, illustrating the constitutional changes that will have to be discussed if the demand for greater autonomy is to be realised.

Recommendations	Explanations
TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS "That the word 'temporary" be deleted from the title of Part XXI and the heading of Article 370 of the Constitution of India."	The word "temporary" was used because the Jammu and Kashmir Constituent Assembly, which alone had the power to finalise the relationship between the State and the Union of India, had yet to be convened. The SAC has recommended that the word be replaced w ith "special", thus defending Article 370 against future assaults against it.
LEGISLATIVE RELATIONS "Matters in the Union List not connected with the three subjects of Defence, External Affairs and Communications and/or Ancillary thereto but made applicable should be excluded from their application of the State."	According to the Presidential Order of 1950, issued after the Constitution of India and with it Article 370 came into force, matters relating to only Defence, External Affairs and Communications for Jammu and Kashmir could be legislated upon by Parliamen t. Matters in the Union List in the Eighth Schedule of the Constitution not related to these areas would have to be excluded from application to the State. The State and Concurrent Lists in the Eighth Schedule would also have to be made non-applicable. C hanges in Articles 256, 248, 249, 250, 251, 254 and 263 of the Constitution would be required.
ELECTIONS "Since elections to the State Legislature are held under laws made by the State Legislature, Article 324 should continue to apply in the manner and way it was applicable in 1950/1954."	State regulatory bodies, not the Central Election Commission, would govern elections to the Jammu and Kashmir Legislature.
EMERGENCY PROVISIONS The imposition of a state of Emergency shall be subject to the State government's concurrence "provided that this request for concurrence of the Government of the State shall be subject to whatever decision the State Assembly shall take within two months ... (failing which) the proclamation of Emergency shall be deemed to have been revoked."	In order to make the imposition of Emergency dependent on the State government's consent, Article 352 should be modified and Articles 355-360 made non-applicable to Jammu and Kashmir, as was the case until 1954.
FUNDAMENTAL RIGHTS "A separate chapter on Fundamental Rights needs to be included in the Jammu AND Kashmir Constitution... (for a) situation where Directive Principles do not apply and Fundamental Rights apply is not a happy one."	No agreement on the fundamental rights issue was reached in 1952, so the State Constitution contains only Directive Principles. State subjects of Jammu and Kashmir, of course, enjoy the same rights as all other Indian citizens.
THE JUDICIARY "Article 218 be omitted in its application to the State... (and) the State Legislature re-enact the provisions as they existed... before the enforcement of the J&K Constitution (First Amendment) Act of 1959."	Contrary to some reports, the SAC Report does not seek an end to the Supreme Court's jurisdiction. It merely argues that "it has got to be recorded that this aspect of State-Union relationship was not settled at the time of Delhi Agreement of 1952." It, however, demands a welter of constitutional amendments allowing the State to appoint, fix service conditions of and remove its own High Court judges. Prior to 1952, Jammu and Kashmir had a High Court whose judgments could be reviewed by the Maharaja, adv ised by a Board of Judicial Advisers.
THE CENTRAL SERVICES "No imperial model of civil services in Central cadre can be or could be a substitute for what the local youth could be expected to have, i.e., local patriotic feeling and passionate attachment for the service of those among whom they live."	The changes the SAC Report has suggested would mean an end to the appointment in the State of personnel of Union services such as the Indian Administrative Service, the Indian Police Service and the Audits and Accounts Service. These changes would necess itate exemption of Jammu and Kashmir from the provisions of Article 312.
RESERVATIONS FOR CERTAIN CLASSES "Article 338 regarding control of the Union over the administration of scheduled areas and the welfare of Scheduled Tribes was not applicable to the State till 1985... Likewise, Article 342 has been applied for the first time in the State in 1985."	The SAC recommends that provisions in the Indian Constitution enabling reservations for Dalits be replaced with changes in the State Constitution. Gujjar and Bakarwal organisations and Dalit groups in the Jammu area are opposed to this idea.
CHANGES IN THE STATE CONSTITUTION "All amendments in the Constitution of Jammu & Kashmir... insofar as they relate to superintendence, direction and control of elections to the State Legislature and to the State High Court and... relating to the nomenclature of the Head of the State and State Executive, mode of appointment of the Head of State and other consequential amendments should be replaced."	In essence, the SAC Report seeks to regain control of the nomenclature of, for example, the Head of State, lost as a result of the 1975 agreement. The Chief Minister would, for example, be known as the Wazir-e-Azam, and the Governor as the Sadar-i-Riyasa t. Appointment of Governors would require the State government's consent.
FINANCIAL ARRANGEMENTS "This matter to be discussed between the State representatives and the Union government as agreed to during the talks in 1952."	The SAC Report makes clear that the State would need considerable Central support, notwithstanding its autonomous status. No agreement was arrived at in 1952, and the SAC's members evidently saw no reason to exercise their minds with the issue now.