Dyarchy
Statement of Sheikh Mohammad Abdullah
Legal Document No 95
The proclamation of October, 1944 by which His
Highness had indicated his willingness to associate
non-official members of the legislature with the task
of administration through the parties in the
legislature sending their nominees into the Cabinet,
two in number, was naturally welcomed by the National
Conference. Even though the transference of
responsibility was partial it at least was an
opportunity for us to come forward and assist in
steering the boat of the State at a time, when the
lives of our people were storm-tossed through the
distressing problems of hunger, poverty and slavery.
For the last eighteen months we gave a trial with
patient persistence and have looked upon the
functioning of the experiments from all angles, till
we are finally force to the conclusion that no good
can come out of sharing responsibility in the cabinet
in which the irresponsible elements dominate decisions
and policy. The popular Ministers Mirza Mohammad Afzal
Beg, had to face unfair administrative, non
co-operative indifference of the old type Cabinet
members, and found himself fettered by intolerable
bureaucratic red-tapist restrictions even in the
functioning of their own departments. Besides all
this, a debate one constitutional issue which had
remained a moot point between him and the Prime
Minister crystallised the situation. Hence our
considered decision that he should resign.
To start with, every unfair attitude was shown in
the allocation of portfolios. The nominee of the
National Conference was given the Departments of P.W.D.
and Municipalities leaving out control on the
panchayats. He was given charge of Stationery and
Printing and charge of the State property in British
India. The allocation of these portfolios to the
nominee of the people's biggest representative
organization seems to be a huge joke. Successive Prime
Ministers admitted the unreasonableness of such an
allocation and had promised to reshuffle But nothing
happened. Mirza Mohammad Afzal Beg's exclusion from
the administering of vital departments directly baking
him with the people was not a mere accident, but now I
could say with emphasis, was part of a deliberate line
of action which unfolded itself as time went on. Could
it ever be imagined that a Minister could function
efficiently and effectively without any Secretariat at
his disposal directly responsible to him ? This is
exactly What happened. Further the civic life of the
measures of far reaching importance to people in the
form of the Municipal Act were proposed by our
Minister. These were intended to democratise the
Municipal machine. These measures have remained in
cold storage.
In administering law and order, restrictive
ordinances hitting the basic civil liberties of the
people had been promulgated without Mirza Mohammad
Afzal Beg knowing anything about them. The measures
were adopted in the constituency which the Minister
himself was representing and he himself knew nothing
about it. Therefore, under these circumstances, it was
ridiculous to expect the Popular Minister to side with
the Cabinet of ministers in the legislature on all
points surrendering his right to disagree and indicate
his differences on the floor of the House or even to
remain neutral. This would eve meant in effect a
betrayal of the people's interest and of the policies
of the party whose nominee he was. Constitutionally
speaking, by an amendment to the Constitution Act, the
popular minister had retained their status as elected
members of the Assembly and their responsibility to
the electorate could' not be ignored. During the time
of Sir B.N. Rau, the late Prime Minister, a somewhat
workable formula had been discussed by which a
dissenting minister could speak on the floor of the
House expressing his view-point, and then stay neutral
In voting. The new Prime Minister, Rai Bahadur Pandit,
R.C. Kak repudiated the Rau formula and thus
precipitated the constitutional deadlock.
It is a contradiction in terms to keep Ministers
responsible to the electorate and to compel them to
support every measure of an irresponsible government.
It augres ill for the future that we are entering
the tumultuous times that lie ahead with a discredited
constitutional experiment at our back. In the name of
the National Conference I appeal to the Maharaja
Bahadur to end this farce of diarchy and grant truly
Responsible Government to the people of Kashmir. To
the members of the British Cabinet Mission I would
say: "Judge the constructive strength of our
people s urge to freedom by the patient and persistent
uphill struggle of our movement, including our attempt
to give a fair trial to the constitutional experiment
to our fellow patriots In British India. I would say,
with your freedom is linked our destiny and our
freedom is the ultimate guarantee of the stability of
independent India."
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