Article 370: A Constitutional History of Jammu and KashmirOn 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. |
Contents
| 11 | |
| 13 | |
Accession to India | |
May October 1949 | |
19512 | |
1952 | |
1952 | |
9 August 1953 | |
19546 | |
The Constitution of Jammu Kashmir | |
The Wreck of Article 370 | |
The Governor Replaces the SadariRiyasat | |
The Process | |
Restoring the Autonomy of Jammu Kashmir | |
Index | |
Common terms and phrases
accede agreed Application to Jammu apply in relation appointed Article 370 August autonomy Basic Principles Committee called the Constitution Concurrent List conferred by clause Constitution Application Constitution of India Constitution of Jammu Council of Ministers dated decision Delhi Agreement Dominion of India Drafting Committee elected entry exceptions and modifications exercise following Order force at once Fundamental Rights Government of India GOVERNMENT OF JAMMU Governor High Court Hon'ble House Indian Constitution Instrument of Accession issue Jammu & Kashmir Jammu and Kashmir Kashmir Constituent Assembly Legislative Assembly letter Maharaja matters specified Maulana Ministry of Law National Conference Nehru notification November October omitted Pakistan paragraph Parliament permanent residents powers conferred President of India Prime Minister Proclamation recommendation reference regard relationship Report resolution respect Ruler Sadar-i-Riyasat Sahib Second Amendment Order Seventh Schedule Sheikh Abdullah Shri State’s sub-clause sub-paragraph substituted Supreme Court territory of India Union List Union of India words