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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.
Legal Status of Jammu and Kashmir by Dr. Shabir Choudhry Pdf
Even after 73 years of division of the British India, still there is confusion and controversy on legal status of the former Princely State of Jammu and Kashmir. In light of legal documents, I have endeavoured to establish the exact legal position of Jammu and Kashmir. Apart from that the UN Security Council Resolutions on Jammu and Kashmir dispute are analysed; and why they could not be implemented. Which country refused to implement them or created hurdles. After the Simla Agreement and the Lahore Declaration, can these Resolutions play any role in resolution of the dispute. Also, I have analysed Article 370 and 35A of the Indian constitution, and how India disregarded the pledges made to the people of Jammu and Kashmir; and unilaterally changed the status of Jammu and Kashmir. In addition, I have analysed the role of Pakistan, and how they betrayed people of Jammu and Kashmir to satisfy their imperial agenda. Furthermore, how Pakistan is promoting extremism, terrorism, intolerance and religious hatred in Jammu and Kashmir; and how it is hurting people of Jammu and Kashmir on both sides of the divide. Besides that, I have analysed the impact of these changes on the people of Jammu and Kashmir, and how they have responded. What people of Jammu and Kashmir should do when they are forcibly divided, and when their motherland is under control of three nuclear countries, namely India, Pakistan and China.
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.
Author : Vidya Bhushan Publisher : Jammu Tawi, J & K : Jay Kay Book House Page : 496 pages File Size : 46,5 Mb Release : 1985 Category : Constitutional history ISBN : UOM:39015050634800
Jammu & Kashmir Current Affairs General Knowledge Yearbook 2020 by R P Meena Pdf
It gives us immense pleasure in presenting the Jammu & Kashmir Current Affairs Yearbook 2020, Useful for JKPSC and all other competitive exams. This book deals with the relevant features and topics of Current affairs of State/UT in a systematic and comprehensive manner by the use of simple and concise language for easy and quick understanding. We hope that the readers will find this book user friendly and helpful in preparation of their examinations. I look forwarded to have the views, comment, suggestions and criticism from readers which would definitely help in further improvement of the Book. I would like to heartfelt thanks to all my team members for their efforts to prepare this book. Jammu Kashmir Yearbook 2020: Introduction of Jammu & Kashmir (Static GK) Current Affairs (whole year) Jammu & Kashmir Current Affairs/General Knowledge Yearbook 2020 has become an integral part of a lot of entrance exams being conducted at the graduate and under-graduate levels. It is very important for students to remain updated on the current happenings in their surroundings especially those that are important from the perspective of state/UT. Current Affairs Yearbook 2020, a thoroughly revised, reorganised, updated and ENLARGED edition, presents a comprehensive study of all the sections that are covered under the subject of General Knowledge. The Yearbook 2020 provides the latest information & most authentic data reference material on Current Affairs and General Knowledge. It has specially been designed to cater to aspirants of various competitive exams like JKPSC and Other Jammu & Kashmir PSC Civil services Exams across the State/UT. The material has been written in a lucid language and prepared as per the requirements of the various competitive exams. Current Affairs consists of latest news/ information about Jammu & Kashmir based on The Hindu, Indian Express, PIB, Yojana, People, Events, Ideas and Issues across the Social, Economic & Political climate of the State/UT. Must Have for Multiple Reasons: The Current Affairs Mega Yearbook 2020 is a Must-Have book for all kinds of Objective & Descriptive Tests, Essay Writing and Group Discussions & Personal Interviews, The Jammu & Kashmir General Knowledge section provides crisp and to-the-point information in Geography, History, Polity, Economy, General Science, etc. which otherwise could be very exhaustive. Jammu Kashmir Yearbook 2020 Jammu and Kashmir was a region formerly administered by India as a state from 1954 to 2019, constituting the southern and southeastern portion of the larger Kashmir region, which has been the subject of a dispute between India, Pakistan and China since the mid-20th century. The underlying region of this state were parts of the former princely state of Jammu and Kashmir, whose western districts, now known as Azad Kashmir, and northern territories, now known as Gilgit-Baltistan, are administered by Pakistan. The Aksai Chin region in the east, bordering Tibet, has been under Chinese control since 1962. After the Government of India repealed the special status accorded to Jammu and Kashmir under Article 370 of the Indian constitution in 2019, the Parliament of India passed the Jammu and Kashmir Reorganisation Act, which contained provisions that dissolved the state and reorganised it into two union territories – Jammu and Kashmir in the west and Ladakh in the east, with effect from 31 October 2019. At the time of its dissolution, Jammu and Kashmir was the only state in India with a Muslim-majority population. After the Indo-Pakistani War of 1947–1948, the princely state of Jammu and Kashmir was divided between India (who controlled the regions of Jammu, Kashmir Valley and Ladakh) and Pakistan (who controlled Gilgit–Baltistan and Azad Kashmir). The Indian-administered territories elected a constituent assembly in 1951, which ratified the accession of the state to India in 1954. In 1956–57, China constructed a road through the disputed Aksai Chin area of Ladakh. India’s belated discovery of this road culminated in the Sino-Indian War of 1962; China has since administered Aksai Chin. Following the Indo-Pakistani War of 1971, India and Pakistan signed the Simla Agreement, recognising a Line of Control in Kashmir, and committing to a peaceful resolution of the dispute through bilateral negotiations. Jammu Kashmir Yearbook 2020 In August 2019, both houses of the Parliament of India passed resolutions to amend Article 370 and extend the Constitution of India in its entirety to the state, which was implemented as a constitutional order by the President of India. At the same time, the parliament also passed the Jammu and Kashmir Reorganisation Act, 2019, which contained provisions that dissolved the state of Jammu and Kashmir and established two new union territories: the eponymous union territory of Jammu and Kashmir, and that of Ladakh. The reorganisation act was assented to by the President of India, and came into effect on 31 October 2019. Prior to these measures, the union government locked down the Kashmir Valley, increased security forces, imposed Section 144 that prevented assembly, and placed political leaders such as former Jammu and Kashmir chief ministers Omar Abdullah and Mehbooba Mufti under house arrest. Internet and phone services were also blocked. The state of Jammu and Kashmir consisted of three divisions: the Jammu Division, the Kashmir Division and Ladakh which are further divided into 22 districts. The Siachen Glacier, while under Indian military control, did not lie under the administration of the state of Jammu and Kashmir. Kishtwar, Ramban, Reasi, Samba, Bandipora, Gander bal, Kulgam and Shopian were districts formed in 2008, and their areas are included with those of the districts from which they were formed. Jammu and Kashmir was the only state in India which had special autonomy under Article 370 of the Constitution of India, according to which no law enacted by the Parliament of India, except for those in the field of defence, communication and foreign policy, would be extendable in Jammu and Kashmir unless it was ratified by the state legislature of Jammu and Kashmir. The state was able to define the permanent residents of the state who alone had the privilege to vote in state elections, the right to seek government jobs and the ability to own land or property in the state.
Politics of State Autonomy and Regional Identity by Sunita Pdf
The demand of State autonomy has remained a highly contentious issue in Indian Politics right since the time when accession of Kashmir to the Indian federalism took place. This is a demand that often generate tension between Center and the State. It is felt that the autonomy for the State may actually come to mean autonomy for Kashmir region only. It may not flow to the regional and sub-regional levels. The autonomy that extends beyond the State needs a multi-layered package of autonomy that extends beyond the State to the regional or sub-regional levels. Autonomy is needed to inspire confidence to the people, to make the system more democratic, to ensure speedier and balanced development and to make the administration accountable to the people and thus more efficient and above all, to evolve a composite and harmonious personality of the State. None of these can be achiever in the present unitary system of the state and by centralization of power and administration. A more federalized and bottom-up approach is needed to solve the problem of the State. This book is an attempt to examine the relationship of Kashmir identity with the Indian Union, the regional identity of Jammu and Ladakh with the State. This book on the one hand is the description of the relationship between the Centre and the State and on the other hand is the description of relationship between the three regions, namely Jammu, Kashmir and Ladakh. My prescription is deeply federal and decentralizing in nature.
