Did Jawaharlal Nehru consult Vallabhbhai Patel on 370? Government, opposition slug it out

NEW DELHI: The roles of Jawaharlal Nehru and Vallabhbhai Patel in including Article 370 in the Indian Constitution became the centre of debate between the treasury and opposition benches in Lok Sabha on Tuesday when the House took up the resolution on Article 370 and bill on J&K’s reorganisation.

BJP MPs Jitendra Singh and Jugal Kishore Sharma accused Nehru of committing a “historical blunder” and referred to Article 370 as a “miscarriage of history” that “isolated” J&K, and that Patel had no part in it.

Congress defended the first PM, arguing that none of Nehru’s decisions in relation to Kashmir were taken in isolation and that both Sheikh Abdullah and Patel had concurred with the decision to institute the controversial Article.


In his response to home minister Amit Shah’s claims that Patel was against Article 370, Tharoor argued that Nehru was “demonised” when, in fact, the meeting regarding the institution of Article 370 was held between Nehru and Patel at the latter’s house, and that Article 370 was included in the Indian Constitution on October 17, 1949, only after it was formally approved by Patel.

Both sides also traded charges over Jan Sangh ideologue Syama Prasad Mookerjee, with BJP MP Jitendra Singh arguing that Mookerjee would have celebrated the repeal of Article 370 and that the government’s move was a fitting tribute to the leader.

NC MP Hasnain Masoodi’s claims that Mookerjee was part of the group that approved Article 370, however, led to protests by the treasury benches. Demanding that Masoodi authenticate his claim, home minister Amit Shah sought to clear the air on the allegation and said while Mookerjee was part of the cabinet at the time, the resolution for inclusion of Article 370 in the Indian Constitution was taken by the Constituent Assembly since it did not need the sanction of the cabinet. Defence minister Rajnath Singh also asked Masoodi to authenticate or apologise for his claims on Mookerjee.

Tuesday’s high drama also saw Congress MP Manish Tewari calling the abrogation of Article 370 by Parliament illegal on grounds that the government did not consult the J&K assembly. Apart from questioning the message such a move sent to other states with a unique status — like Nagaland — Tewari also asked what the government would do with Kashmir’s own Constitution and flag.

NCP MP Supriya Sule asked the government how it would win the trust of the people when it had taken the decision on Article 370 unilaterally. Samajwadi Party MP Akhilesh Yadav also called it unconstitutional because the government was seeking to approve its own decision, issued by a governor appointed by itself.