KASHMIR'S CONSTITUTIONAL REFORMS 1939

The assembly in Jammu and Kashmir is one of the many outcomes of the July 13, 1931 massacre. Recommended by a British officer JB Glancy, the initial assembly, the Parja Sabha had more nominated members from the darbar than the elected ones. The right to vote was restricted to adult males, a candidate had to prove he can read and write before being permitted to contest and the entire seat adjustment was on a communal basis. Right now, a new delimitation process is underway. This write-up by Prof Gulshan Raifrom The Tribune, then published from Lahore, on February 18, 1939, offers some basic ideas about the pre-partition constitutions, assembly and the delimitation process in Kashmir. This opinion also offers an idea about how the Maharaja was loved by the subcontinent’s English media

- Prof Gulshan Rai

The existing constitution in Kashmir State is based on the Report of the Kashmir Constitutional Reforms Conference presided over by Mr BJ Glancy. The recommendations of this Conference were accepted by His Highness on 31st May 1932 and a Franchise Committee, with Sir Baijor Dalal as Chairman, was appointed to settle the qualifications of voters. The voters’ qualifications as fixed by this Committee were very much lower than what at the time existed in the British territory of Punjab. It is interesting to note that the Kashmir rules require a literacy test from a candidate who stands for election. This is not so in Punjab.

Under these proposals the State Legislature was to consist of two kinds of members, viz., the Sabhasads and the State Councillors. There are at the present moment 59 Sahbasads, and 16 State Councillors. Out of the 59 Sabhasads, 33 are elected from the various constituencies, 14 are nominated non-officials to represent such interests as cannot come through election, and 12 are officials including the ministers. Among the Sabhasads therefore there is already a majority of elected members. The 16 State Councillors are supposed to be eminent persons in the State summoned by name by His Highness the Maharaja. In this way, the total strength of the State Legislature is 75.

THE INTENTION