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On 26 January 1950, the Constitution of India came into force with a unique provision—Article 370. The special status accorded to the state of Jammu and Kashmir in the article meant that its people lived under a different set of laws while being part of the Indian Union. Alternating deftly between history and politics, A.G. Noorani examines a wide range of documents pertaining to Article 370. He incisively analyses the implications and consequences of the article for the constitutional democracy of the state and the nation. From Jammu and Kashmir's accession to India in 1947 to the various negotiations thereafter; Sheikh Abdullah's arrest to the framing of the Constitution of Jammu and Kashmir and the replacement of Sadar-i-Riyasat, this book impeccably documents the little-known constitutional history of the state. Noorani underscores the politics behind the gradual erosion of Article 370 and the need for restoration of autonomy. Critically analysing the various judgments relating to this constitutional arrangement, he suggests a framework for resolving the 'Kashmir problem'. Collecting together rare, often unseen and unnoticed, letters, memoranda, white papers, proclamations, and amendments, this book will be an indispensable resource on Kashmir.
The events in the book, give the reader a fair idea of how the 'system' used to work when Article 370 was in place and Jammu and Kashmir was a state. The book also helps explains how hybrid warfare is not just military in nature but has multiple dimensions. The book has special reference as to how the media operates in conflict zones. A must read for all those who aspire to be soldiers, work in administrative services or wish to be journalists.
Article 370 Of The Constitution Of India Is Widely Debated Issue.In Accordance With The Special Provisions Embodied In Article 370 Of The Constitution Of India, The Jammu And Kashmir State Was Exempted From The Application Of The Provisions Of The Constitution Of India Dealing With The States In Part B Of Its First Schedule. In Part B Of The First Schedule Was Listed The Erstwhile Princely States, Which Had Acceded To The Dominion Of India, But Which Had Not Merged With Any Province Or Had Not Been Reorganized Into Centrally Administered Areas. Provisions Were Incorporated In Article 370 For The Institution Of A Constituent Assembly In The State To Draw Up Its Constitution. No Other Provisions Of The Constitution Of India Except Article I Was Made Applicable To Jammu And Kashmir.The Powers Of The Parliament To Legislate In Regard To The State Were Limited To The Matters Which Were Declared By The President Of India, In Consultation With The Government Of The State To Correspond To The Stipulations Of The Instrument Of Accession.An Interesting Aspect Of Article 370 Was That It Envisaged A Perpetual Constituent Assembly In The State, At Least, So Long As The Transitional Provisions Remained On The Statute Book.Article 370 Did Not Vest Any Constitutive Power In The Hands Of The President, Nor Did It Vest Any Such Power With The Constituent Assembly Of The State.The Powers To Amend The Provisions Of Article 370, Were Vested With The Parliament Of India, Which Was Not Subject To Any Limitation Imposed By Article 370 Or Any Other Provision Of The Constitution Of India.This Book Provides The Authoritative Account Of The Events Which Led To Incorporation Of Article 370 In The Constitution. Also All Provisions Of The Article Are Elaborately Analysed. This Will Prove An Authoritative Reference Tool To Students, Teachers And Researchers In The Field Of History, Political Science, Law And Polity Besides The General Readers.
The nullification of Article 370 and enactment of the Citizenship (Amendment) Act (CAA), 2019, had been landmark legislative actions in 2019. Author Sanjay Dixit delves deep into the past and traces the events, actions and their repercussions that finally led to the Union of India introducing these two measures. He looks at these events from all perspectives-historical, social and political. For Article 370, he traces the entire history of Kashmir from its pre-Islamic past and to the events that unfolded at the time of the Partition of India, leading to the initial inclusion of Article 370 in the Constitution of India. Dixit also studies in detail the legal and constitutional labyrinths, discussing the various Presidential Orders and case laws from the Constitutional Bench jurisdiction of the Supreme Court. For CAA, Dixit traces the constitutional history of India from the time of the partition of Bengal in 1905 to the unfortunate events of the Partition in 1947. His study relies heavily on Dr. B.R. Ambedkar's analysis of the reasons for the Partition and the theology of a 'separate nation' that prevailed during the period. The author contends that this same theology has been staging a comeback now in the form of mazhabi pehchan which forms the crux of the anti-CAA protests. The informed position of the author, his lucidity of language and directness of approach lend clarity to his arguments and make this an accessible and important read.
Article 370 And Economy of Jammu And Kashmir by Saurabh Pandey,Pranav Tanwar Pdf
Article 370 of the Constitution of India relating to special status of the State of Jammu and Kashmir is now sixty-nine years old. It is the only state in the Union of India which negotiated the terms of its membership with the Union. The state acceded to India under ‘unique circumstances’ and the ‘unique problems’ existing within the state require a ‘unique solution’. One such problem is the impact of Article 370 on its capable economy. Kashmir’s tourism is an under developed sector which nevertheless fuels its economy. It is abundantly rich in natural resources including fertile lands, rivers, and various other resources which otherwise would have contributed towards a flourishing economy. Despite this, the economy of the state has not been able to grow at an expected pace. The authors argue that it is because of the presence of Article 370 and the resulting socio political conditions, the economy is in a sorry state. The constitutional provision giving special status ensures that no outsider can buy land or start any business, which makes it difficult to invest in the state. Also, the provision gives a limited space to the central government in the economic domain and in consequence to pool substantial resources for consolidating the economy. The authors’ idea is to bring forth how this politico-legal provision has shaped the economy of the state and how the functioning is to be changed for a better future.
In August 2019 The government of India reconstituted the erstwhile state of Jammu and Kashmir into two Union territories, Jammu & Kashmir and Ladakh, with effect from 31 October 2019. Previously, article 370 of the Constitution of India had granted the state of Jammu & Kashmir a special status. This special status was abrogated and the State more closely integrated into the Indian Union, with the passing of the Jammu and Kashmir Reorganisation Act, 2019, by both houses of the Indian Parliament. This book seeks to clarify the issues surrounding article 370 and 35A of the Indian Constitution, thus making readers more informed about this important constitutional, political and legal matter. The beauty of the book lies in the fact that the author writes in a simple and lucid language, avoiding journalese, jargon and legalese, thereby making the issues accessible to the common man.
Article 370 & 35A and the Constitution of Jammu and Kashmir by Shubham Sinha Pdf
This book is a brief description of Article 370 of the constitution of India and the constitution of Jammu and Kashmir which, gives a deeper idea for the understanding of special status of Jammu and Kashmir it's necessity and essentials to establish and revoke it.Incorporated into the Constitution on October 17, 1949, Article 370 absolves J&K from the Indian Constitution (aside from Article 1 and Article 370 itself) and licenses the state to draft its own Constitution. It limits Parliament's administrative powers in regard of J&K. For broadening a focal law on subjects incorporated into the Instrument of Accession (IoA), unimportant "discussion" with the state government is required. Be that as it may, for extending it to different issues, "simultaneousness" of the state government is obligatory. The IoA became an integral factor when the Indian Independence Act, 1947 isolated British India into India and Pakistan. For somewhere in the range of 600 princely expresses whose power was reestablished on Independence, the Act accommodated three alternatives: to remain an autonomous nation, join Dominion of India, or join Dominion of Pakistan - and this uniting with both of the two nations was to be through an IoA. Despite the fact that no endorsed structure was given, a state so joining could indicate the terms on which it consented to join. The adage for contracts between states is pacta sunt servanda, for example guarantees between states must be regarded; if there is a rupture of agreement, the general standard is that gatherings are to be reestablished to the first position. Various different states appreciate unique status under Article 371, from 371A to 371I. The Schedule affixed to the Instrument of Accession enabled Parliament to administer in regard of J&K just on Defense, External Affairs and Communications. In Kashmir's Instrument of Accession in Clause 5, Raja Hari Singh, leader of J&K, unequivocally referenced that the particulars of "my Instrument of Accession can't be fluctuated by any change of the Act or of Indian Independence Act except if such alteration is acknowledged by me by an Instrument strengthening to this Instrument". Provision 7 said "nothing in this Instrument will be esteemed to submit me in any capacity to acknowledgment of any future constitution of India or to chain my carefulness to go into courses of action with the Government of India under any such future constitution". Raja Hari Singh had at first chosen to stay autonomous and consent to halt arrangements with India and Pakistan, and Pakistan in actuality marked it. However, following an attack from tribesmen and Army men in casually dressed from Pakistan, he looked for the assistance of India, which thus looked for the increase of Kashmir to India. Hari Singh marked the Instrument of Accession on October 26, 1947 and Governor General Lord Mountbatten acknowledged it on October 27, 1947.
ANALYSING TOP 10 Current Affair Topics for IAS Prelim & Main 2020 by Disha Experts Pdf
ANALYSING TOP 10 Current Affair Topics for IAS Prelim & Main 2020 is a unique book for the upcoming IAS Prelim & Main 2020 Exams written by an expert IAS Faculty, Ashish Malik, a top IAS educator on UNACADEMY. The book aims at analysing the Most Important Events/ Issues in the past One Year. The author has selected the Most Important Bills/ Indexes and Controversial Issues. The topics covered are Article 370/ 35A, Sabrimala, Electoral Bonds, CAB, NRC, Surrogacy Bill, Good Governance Index, RCEP, Democracy index 2020 & Protection of Rights on Marriage Bill. The book analyses each of above Topic (in the form of a 2 page write-up) which is followed by 2-4 MCQs for Prelims with Explanation and 1-3 Questions for Mains with Hints on each of the Topics. The book is further empowered by Video Discussion of these Topics the link for which is provided in the book. This book will prove to be of major significance for the IAS Prelim & Main 2020.
Dr. Ambedkar’s Vision of India and Jammu & Kashmir by Aniruddha Rajput Pdf
This book aims to understand the vision of Dr. Bhimrao Ramji (Babasaheb) Ambedkar for India and whether that vision has been achieved in relation to Jammu and Kashmir. Dr. Ambedkar wasÊa principal architect of the Constitution of India and his vision for India was reflected in his contributions in the constitution-making process. There is no provision in the Constitution which was drafted and discussed in the Constituent Assembly without his active participation, thus having his imprint; Except Article 370 where, Dr. Ambedkar is conspicuously absent, rather deliberately kept out. Dr. Ambedkar viewed a unified country with a strong centre to remove regional spirits of alienation, equality of men and women, no concept of special rights for residents of states and above all the need for special treatment of persons from Scheduled Castes and Scheduled Tribes. All these core values that form the basis of Dr. AmbedlarÕs vision of India are disregarded and disrespected in Jammu and Kashmir. The manner of handling of Jammu and Kashmir was one of the principal reasons for his resignation from the Union Government in 1951. This book is about trampling of fundamental values of the vision of India that were enshrined in the Constitution by Dr. Ambedkar in Jammu and Kashmir.
Kashmir by Arundhati Roy,Pankaj Mishra,Hilal Bhatt,Angana P. Chatterji,Tariq Ali Pdf
Kashmir is one of the most protracted and bloody occupations in the world—and one of the most ignored. Under an Indian military rule that, at half a million strong, exceeds the total number of US forces in Iraq and Afghanistan, freedom of speech is non-existent, and human- rights abuses and atrocities are routinely visited on its Muslim-majority population. In the last two decades alone, over seventy thousand people have died. Ignored by its own corrupt politicians, abandoned by Pakistan and the West, which refuses to bring pressure to bear on its regional ally, India, the Kashmiri people’s ongoing quest for justice and self- determination continues to be brutally suppressed. Exploring the causes and consequences of the occupation, Kashmir: The Case for Freedom is a passionate call for the end of occupation, and for the right of self- determination for the Kashmiri people.
