Chakravarthi Rajagopalachari, Sardar Valabhbhai Patel and Jawaharlal Nehru.
Chakravarthi Rajagopalachari, Sardar Valabhbhai Patel and Jawaharlal Nehru. From Wikimedia Commons


One of the “truths” manufactured in the boudhik shivirs (ideological training camps) of the RSS is that it was Jawaharlal Nehru who forced Article 370 on India while Sardar Patel, the first home minister of India was opposed to it.

The RSS leaders both inside the Modi government and outside ceaselessly keep on blaming Jawaharlal Nehru as the sole architect of Article 370, giving Kashmir special status.

After this Article was guillotined on August 5, 2019 PM Modi was eulogized as one great leader who completed Sardar Vallabhbhai Patel’s dream of ‘Ek Bharat’.

Ram Madhav,
the current prominent ideologue of both the RSS and BJP declared that
“Historic blunder committed by JL Nehru finally corrected.” 

It is also claimed that the removal of Article 370 is the realization of the dream of a ‘martyr’ like Syama Prasad Mukherjee who laid down his life for full integration of Kashmir with India. 

Thus RSS/BJP rulers claim that Jawaharlal Nehru was solely responsible for inserting Article 370 in the Indian Constitution despite Sardar Patel’s opposition. This is an atrocious claim even an iota of which is not corroborated by the contemporary official documents especially those documents which originated from the office of Sardar Patel.

On the
contrary the plethora of these documents concerning accession of Kashmir to
India proves that Sardar Patel was part of the constitutional process through
which Article 370 was inserted in the Constitution. Let us revisit some of the
crucial ones to know how maliciously Nehru is being presented as villain of
Article 370.


Vidya Shankar, a senior ICS (predecessor of IAS) was private secretary to Sardar (1946-50) and was the latter’s most trusted advisor. He compiled and edited Sardar Patel’s correspondence in two bulky volumes which are regarded as the most authentic record of Sardar’s ideas and works.

Shankar in his introductory note to the section of correspondence on Jammu and Kashmir (chapter 3), in fact, sings the praises of Sardar for getting it passed despite hurdles. It is through Shankar we come to know that when Article 370 was cleared by the Constituent Assembly of India (CA), Nehru was not in India being away to the USA on an official visit.

“One of
Sardar’s notable achievements in relation to Jammu and Kashmir was the addition
of Article 370 of the Constitution of India, which defines the relation of the
State to India. This matter was handled by Gopalaswami Ayyangar in consultation
with Shiekh Abdullah and his Ministry and with the approval of Pandit Nehru.
Although Nehru was himself away in the United States, at the time, his approval
had been taken in advance to the draft formula. But Sardar had not been
consulted. The Congress party in the Constituent Assembly was strongly, even
violently, opposed to the draft article which gave a special position to the
State. On principle, opinion in the party was that Kashmir should accept the
Constitution on the same terms as other States; and in particular the provision
that basic articles, e. g. Fundamental Rights as enshrined in the Constitution
would not apply to the State was greatly resented.  Gopalaswami Ayyangar failed to carry
conviction and sought Sardar’s intervention. Sardar was anxious, in the absence
of Nehru, that nothing should be done which would appear as letting him down.
In the absence of Nehru Sardar, therefore, undertook the task of persuading the
party to change stand. He carried out the task with such success that in the Assembly
there was not much discussion, and no much discussion, and no opposition to the
Article (370).”

Thus Sardar
actively participated in formulating the Article 370 and getting nod of the
Constituent Assembly. He corroborated this fact in a letter to Nehru dated
November 3, 1949 when he wrote that

was some difficulty about the provision relating to Kashmir…I could persuade
the party to accept all the changes except the last one, which was modified so
as to cover not merely the first Ministry so appointed but any subsequent
Ministries which may be appointed under that proclamation”.


Article 370
(originally numbered 306A) came for discussion before the CA on October 17,
1949 with President of the CA, Dr Rajendra Prasad in the chair.

Gopalaswami Ayyangar moved the resolution by reading the proposed Article with a long comment. In the course of the debate only one member, Maulana Hasrat Mohani drew attention towards discrimination meted to the ruler of Baroda State. He stated:

“Sir, I
want to make it clear at the very outset that I am neither opposed to all these
concessions being granted to my Friend Sheikh Abdullah, not am I opposed to the
acceptance of the Maharaja as the ruler of Kashmir. And if the Maharaja of
Kashmir gets further powers and concessions I will be very glad…But may I ask a
question? When you make all these concessions for Kashmir I most strongly
object to your arbitrary act of compelling the Baroda State to be merged in
Bombay. The administration of Baroda state is better than the administration of
many other Indian Provinces.  It is
scandalous that you should compel the Maharaja of Baroda to have his raj merged
in Bombay and himself pensioned off. Some people say that he himself
voluntarily accepted this meager. I know it is an open secret that he was
brought form England and compelled against his will…”

At this
point Dr Rajendra Prasad intervened] “Maulana, we are not concerned with
the Maharaja of Baroda here” to which Maulana responded with the following

I would not go into any detail. But I say that I object to this sort of thing.
If you grant these concessions to the Maharaja of Kashmir you should also
withdraw your decision about the merger of Baroda into Baroda into Bombay and
allow all these concessions and many more concessions to the Baroda ruler

Shockingly, Ram Madhav uses only 3 words of Malan’s comment “Why this discrimination?” to prove in a true Goebbelsian tradition that even a Maulana had raised questions about the discriminatory nature of Article 370!  On the contrary, Maulana was not only supporting Article 370 but also demanding such provisions for Baroda ruler who despite running an enlightened government was removed and his State forced to merge with Bombay.


RSS bandwagon of liars consciously tries to keep under wrap the actual debate on Article 370 in the CA. It took just less than half a day for the CA to admit Article 370 in the Constitution and apart from Dr Rajendra Prasad and Gopalaswami Ayyangar senior Hindu leaders, namely, Pandit Thakurdas Bhargava, RK Sidhwa, Pandit Hirday Nath Kunzuru, K Santhanam and Mahavir Tyagi participated in the discussion; none opposed the ratification. It is to be noted that many of the members were known as Hindu nationalists.

More importantly, Syama Prasad Mukherjee was also a member of the CA and signed the Constitution on November 26, 1949, with Article 370 intact. He did not think it fit even to mildly express his unease against the special status of Jammu & Kashmir which was done by a Hindu nationalist member, Jaspat Roy Kapoor while discussing the Draft Constitution on November 21, 1949. He said:

“I only
wish that Kashmir should also have been brought in on the same level as other
States but, unfortunately, much to our dissatisfaction and chagrin, if I may
say so, this would not be done. This is a delicate subject and I will not say
anything more on it.” 


Sadly, to the dismay of those who have faith in the democratic-secular Constitution of India, Congress which should have confronted the Hindutva Goebbels in and outside Parliament on falsifying its own history regarding Article 370 as one witnessed dissensions. Some of the leading young Congress members of Parliament fell prey to the divisive game of RSS by voting with the government. A senior Congress leader, Maharaja Karan Singh son of Maharaja Hari Singh too supported the discard of Article 370.

It is soothing that Congress as a party stood in defence of the Indian Constitution. But it should have proactive in resisting the RSS/BJP Juggernaut’s narrative that it was Nehru who single-handedly forced Article 370 on the Indian Nation. Congress should have confronted Amit Shah with contemporary documented facts. When the CA gave a green signal to Article 370 Nehru was away from the country and Sardar Patel facilitated its adoption. Those who hold Nehru responsible for it are, in fact, denigrating 299 Honourable members of the CA (which included Sardar Patel and Syama Prasad Mukherjee) were Nehru’s bonded labourers. Can the RSS/BJP produce one statement either from Sardar Patel or Mukherjee (who was a minister in the first Nehru ministry from August 15, 1947, to April 6, 1950) disowning this Article? Can the Hindutva rulers prove that both these leaders did not sign the Constitution as members of the CA since it contained Article 370?

It is a
brazen denigration of the whole of the CA. Nehru becomes a punching bag because
Congress which is supposed to defend his democratic and secular heritage is
passing through a phase of inertia. It could be due to the ignorance about its
glorious past. It is hoped that Congress leadership will realize that the issue
is not survival of the Congress or any other party but the survival of our
constitutional polity.   


August 10,

Link for J
& K accession to India original documents:

Link for
details how Syama Prasad Mukherjee, Savarkar and RSS betrayed the freedom

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