Thread by @OmairTAhmad

1. Since @rsaroja70 asked, a longish thread on one way forward on J&K for the Indian government, via #AltSarkar.

@Vidyut

2. To begin with, let's mark out what is impossible for any Indian government to offer: independence and merger with Pakistan.

This may be a demand from some quarters, but it is not something an Indian government can offer.

3. Others have discussed other "solutions" like a demographic deluge a la Tibet, or a system of unequal rights, a la the Palestinian Territories.

This is impossible within the Constitution. No matter whose balls are in the vice, the Supreme Court would have to cancel itself.

4. Putting these options aside, what are we left with?

A return to status quo is not in the interest of either India, or the people of J&K.

Article 370 might have been described as a problem in India, but for Kashmiris it was how they were denied rights and democracy.

5. (I am not talking of Art 35A, here, which is the only bit of legislation that provided some autonomy.)

Any way forward must acknowledge the problems of the past. Blindly going back is no solution, just a reset of the problems.

6. What are we then left with?

Firstly, we need to acknowledge the legal and Constitutional basis of India's relations with J&K, which was a negotiation between the Constituent Assemblies of the two units, which led to Art 370 (not 35A, which preceded this).

7. The negotiation was premised on the people of J&K having autonomy in state and local matters, and the need for their assent before laws were extended by Delhi to cover them.

This is the core of federalism, and is entirely Constitutional.

8. This has been violated repeatedly through the very instrument set up to guarantee it (Art 370), whether through the dismissal of governments, or the suspension of legal rights, or the current chicanery by this government.

This has to be at the core of any forward movement.

9. The only legal way that this can now be done is to set up a fresh Constitutional Assembly in J&K.

This will guarantee the thing that matters most: political legitimacy, and not the proliferation of puppets that we have seen before.

10. To have legitimacy the new J&K Constituent Assembly would have to have representatives from J&K state subjects, as defined by 35A.

Additionally it will need international observers to make sure that the procedures of elections are free and fair.

11. While India cannot allow international political actors to meddle with this process, there is no reason for it not to allow a representative of the International Court of Justice to be present.

Additionally it should have representation from the other Indian states.

12. I cannot stress this enough: the federalism envisioned for J&K is a necessity for other states as well (as already evidenced by Constitutional guarantees for other hill states, and even the NRC process, which is only a botched and ugly form of Art 35A.)

13. One of the reasons that J&K's autonomy was so hideously overturned was because it was "special", it had few champions in other states (except in the South).

The way that Delhi deals with J&K is reflective of its arrogance vis-a-vis other states, only more so.

14. The deliberations of the new J&K Constituent Assembly would have to be attended by the Federal Commission and regional parties, as it is in the interest of other states to incorporate similar legislation.

This will require drastic changes to all of India.

15. Again, let me stress, this is all legally and Constitutionally valid.

I am quite sure that among the changes asked will be an autonomous human rights/Truth commission, something that Punjab, and states in the NE have asked for as well.

16. To re-imagine our relationship with J&K requires a reimagination of India, truer to its roots as a state created by its people, as a Union of states, not states ruled by the Union.

This would also help deal with the "discrimination" alleged by Ladakh and Jammu in J&K.

17. Will this be enough?

Certainly not for those that want to secede from the Union. As long as they are not taking up arms, this is not a problem for us.

Canada deals with Quebec, Spain with Catalonia, are we a lesser nation?

18. The old "mainstream" J&K parties will oppose this too, as they will not be able to play the role of Delhi's puppets - so much the better.

The recent moves have deligitimised them anyway.

Those among them with credibility will easily win a seat in the Constituent Assembly.

19. This would also, for once and all, deal with Pakistani criticism, prove our legitimacy globally, and most of all, with Kashmiris.

It may even force Pakistan to follow suit, by the power of example, to its marginalised provinces, which would be a win for humanity.

20. This is far from easy, or even probable, but it is possible, legal, and Constitutional (also moral).

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