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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.
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.
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.
The Constitution of Jammu and Kashmir: Its Development and Comments by Adarsh Sein Anand Pdf
The Fourth Edition Of Justice Anand`S Work-Provides Answer To Various Questions Being Raised For And Against The Legality Of Instrument Of Accession, Historical Background And Constitutional Development In The State Of Jammu And Kashmir. Traces The History Of Creation Of Jammu And Kashmir State And The Factors That Have Influenced The Development Of Its Constitution-Why The Constitution Of India Was Not Made Applicable To The Jammu And Kashmir State. Covers Upto Date Changes In The State And Adds More Annexures In This Latest Editions Comprehensive In Scope With Comparative Studies And Valuable Updates.
