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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: Dr. Shabir Choudhry Publisher: AuthorHouse ISBN: 1728356008 Category : Political Science Languages : en Pages : 218
Book Description
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.
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: Sunita Publisher: Gyan Publishing House ISBN: 9788178354071 Category : Political Science Languages : en Pages : 296
Book Description
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.
Author: Shubham Sinha Publisher: ISBN: 9781686059896 Category : Languages : en Pages : 126
Book Description
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.
Author: Waseem Ahmad Sofi Publisher: Springer Nature ISBN: 9811610193 Category : Political Science Languages : en Pages : 191
Book Description
The book discusses the issue of autonomy in India’s federal system and its precision and focused nature. It inquires into the various aspects of the problem autonomy of the states and its emerging trends with special reference of Jammu and Kashmir State autonomy. The book addresses many controversial unanswered question like – Should India adopt and opt for ‘dual’ or ‘competitive’ model of federalism, which has long since been discarded even in the land of its origin or should we evolve robust indigenous solutions to our problem of autonomy of States? To change the metaphor, do we choose a ‘regression model’ or a ‘development model’ of our federal polity? All these discussions which deserve sustained citizen interest and national debate, have been answered in the present book.
Author: A.G. Noorani
Author: A.G. Noorani
Author: K. L. Bhatia
Author: Mohan Krishen Teng
Author: Dr. Shabir Choudhry
Author: Mohan Krishen Teng
Author: Sunita
Author: Hari Ram
Author: Shubham Sinha
Author: Jaswant Singh
Author: Waseem Ahmad Sofi