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Author: A.G. Noorani Publisher: Oxford University Press ISBN: 0199088551 Category : History Languages : en Pages :
Book Description
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.
Author: A.G. Noorani Publisher: Oxford University Press ISBN: 0199088551 Category : History Languages : en Pages :
Book Description
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.
Author: Mohan Krishen Teng Publisher: ISBN: Category : Constitutional history Languages : en Pages : 196
Book Description
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.
Author: Saurabh Pandey Publisher: Educreation Publishing ISBN: Category : Education Languages : en Pages : 79
Book Description
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.
Author: Sumit Dutt Majumder Publisher: Niyogi Books Pvt. Limited ISBN: 9789389136432 Category : Constitutional law Languages : en Pages : 172
Book Description
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: A.G. Noorani
Author: A.G. Noorani
Author: Mohan Krishen Teng
Author: K. L. Bhatia
Author: Mohan K. Teng
Author: Saurabh Pandey
Author: Abdul Gafoor Abdul Majeed Noorani
Author: Sumantra Bose
Author: Sameer P. Lalwani
Author: BASHIR. ASSAD
Author: Sumit Dutt Majumder