How did Shah Faesal topped UPSC, if he has this tiny knowledge of the Indian Constitution
   10-May-2019
 
 
 
 
In New Delhi, if you ask any auto driver that you want to go to the building of UPSC, he will take you straight to Shahjahan Road and drop you there. This is the building from where, the young administrators of India are selected through the country's biggest test, the Civil Service exams. Millions of young aspirants write this examination every year, a few thousand reach this building to give interviews and then from the list, only a few hundred, lucky ones are recruited in Foreign, Administrative and Police services. UPSC has great credibility among the educated youth of our country. But currently the credibility of UPSC is in danger and it is due to a person, who was chosen by the UPSC as a topper in the year 2009. Yes, we are talking about Shah Faesal, from Kupwara, Kashmir, the smallest portion of the state of Jammu and Kashmir. Shah Faesal topped in civil services examination and he was working in his home state. However, for the past few years there were such feelers that Shah Faesal could quit his job and join politics, which turned out to be true. It was his personal decision and we welcome it. But no one expected that after joining politics, he will put the credibility of UPSC in doubt.
 
 
In an interview given to the Communist leaning website "The Wire", he said that ‘if Article 370 and Article 35 A were removed, the relationship of Jammu and Kashmir would end with India.’ If this statement would have been made by Omar Abdullah or Mehbooba Mufti, (which, indeed they have been making) one could have accepted their ignorance about the constitution of India, because they have never even applied for the post of clerk in some government office, leave aside the Civil Services. But this statement was made by none other than Shah Faesal, who was the topper in Civil Service exams in the country. We cannot comment on how Shah Faesal passed the exams, but we are certain that anyone with little knowledge of the Indian Constitution will not make such absurd statements. It is a known fact that when someone prepares for the Civil Service exams and appears for an interview, it is expected that the person has read and understood various provisions of the Constitution of India. It is also a known fact IAS officers work under the Constitutional framework and their understanding about the constitutional provisions increases with time. Hence, it is highly expected that the topper of civil services exams would know about the constitutional provisions. Ironically, Shah Faesal gravely erred when he made said that with the abrogation of Article 370 and Article 35A the relationship between India and Jammu and Kashmir would come to an end.
 
 
 
Therefore, let us tell you the truth in this regard. It is essential to know that Jammu Kashmir will legally remain part of India, even if Article 370 and 35A are abrogated. One must know that Jammu Kashmir has always been an integral part of India, however we witnessed a difficult period during the terrorizing reigns of the Mughals and the British. But after the departure of the British from India in 1947, India became a nation and we drafted a constitution. Today, the whole of India is under one Constitution. Now, based on this constitution we shall examine the truthfulness of the statement of the so-called topper of India’s most coveted Service’s Exam.
 
 
 
If you open the constitution, you will find that in Article 1 of the Constitution, the territory of India is very clearly described, it states that ‘India, that is Bharat, shall be a Union of States.
 
 

 
 
 
 
If you read 1st Schedule of the Constitution of India, you will find that the names of all the states of India have been written there. The first name is Andhra Pradesh and in the list of names, you can see the name of Jammu Kashmir at number 15, between West Bengal and Nagaland.
 
 

 
 
If Article 370 and 35A are abolished then…
 
 
 
Let us assume that Article 370 and 35A are removed even then, Article 1 and the 1st schedule of the Indian Constitution will remain unchanged i.e. Jammu Kashmir will continue to be a part of Indian Constitution and hence of the country too. In spite of this fact check, if you have any doubts then please read Article 370 and 35 A, you will understand that the relation of India and Jammu and Kashmir will not end even after removing these two articles from the Constitution. This integral relationship was also mentioned that in the preamble and Section-3 of the Constitution of Jammu and Kashmir.
 
 
 
Shah Faesal must read the marginal note (Title) of Article 370
 
 
 
In recent past, parties like BJP, Congress, PDP and National Conference have spoken and written a lot about Article 370in a very haphazard manner, which has created many doubts in the minds of general public. But Shah Faesal, who is an Indian Administrative Service (IAS) officer and has served in Jammu Kashmir only, should have taken the trouble of reading the marginal note or the title of Article 370. Had he read it he would not have talked like an ignorant person. The marginal note i.e. the title of Article 370 clearly states "Temporary provision in relation to Jammu Kashmir".
 
 


 
 
 
Now think about it, when the founding fathers of our Constitution were making the Constitution, did they think that Jammu Kashmir would be a part of India temporarily? The answer is no. The relationship of Jammu and Kashmir with India is based on the instrument of accession signed by Maharaja Hari Singh on 22nd October 1947 and the Govt of India Act 1947. Art 370 was inserted in the constitution in 1949, that is 2 years after the state became a part of Indian Union and above all Article 370 was temporary, which was to end one day.
 
 
Since the expression ‘temporary’ is used for this article it is clear that this article was part of the Indian Constitution for a temporary duration. Even a 10th grade student will understand the meaning and implications of the word ‘temporary’.
 
 
 
 
The question is that, if a person with average intelligence can understand this, then how is it that a man like Shah Faesal made such a grave mistake? Is it that he really does not understand these fundamental words or is it a political gimmick used by him, just like Omar Abdullah and Mehbooba? Well, this we cannot answer, this can be answered only by Shah Faesal. But we do expect him to tell the reality to the people. Nevertheless, the Indian Union Public Service Commission will have to reconsider their selection process and make it foolproof, so that they do not select such people who have not even read 1st Article and 1st schedule of the Constitution of India, nor do they know the meaning of the word ‘temporary’.
 
 
 
 
With this, we also expect readers of "Jammu Kashmir Now" to share their views on -who would you blame the selection of people like Shah Faisal in Indian Civil Service- the Union Public Service or UPSC Examination or the education system of India or country's politics?? The kind of people declared as toppers in the biggest test of the country and then the same people entering politics is a matter of concern.