KASHMIR ARTICLE 370 by MOHAN KRISHEN TENG

By MOHAN KRISHEN TENG

The current examine is aimed to track the method of federalization in India and the inclusion of unique provisions for the Jammu and Kashmir kingdom embodied in Article 370 of the structure of India. considering that Jammu and Kashmir offers a variation of the federal constitution during which the Indian States have been welded, the current research is predicted to supply a standpoint for the long run evolution of the federal frames which the founding fathers of the structure of India built. lately there was insistent emphasis at the attractiveness of sub-national diversities of India as elements of the Indian federal method. the current learn, that's focussed at the research of the constitutional placement of Jammu and Kashmir within the Indian federal constitution, as a sub-national identification, finds a lot and will function a trademark for any reconsideration of the federal kinfolk the structure of India embodies.

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The Government of India took long days to accept the accession of the State. On the morning of 27 October 1947, first contingents of airborne Indian troops landed in Srinagar. The same day the Indian troops began to arrive in Jammu. On 1 November 1947, the Gilgit Scouts, a local Muslim militia raised by the British for the defenses of the Gilgit Agency revolted and declared the accession of the Agency to Pakistan. Major Brown, a British adventurer, who commanded the Scouts, hoisted the flag of Pakistan on the Agency quarters.

In order to neutralize the effect of the offer Pakistan had made, the Conference leaders suggested that Government of India should also issue a declaration, which assured the Muslims in the State that they would be ensured internal independence, the future constitutional organization of the State would be framed by the Constituent Assembly of the State, the accession of the State would be limited to three central subjects foreign affairs, defense and communications and the future of the State army would be determined by agreement between the Interim Government and the Government of India and till the agreement was reached the control of the Spate army would be vested with the Indian army.

Delhi Conference The deliberations of the conference covered almost all the aspects of constitutional organization of the State and the relations between the State and the Union of India. Nehru informed the National Conference leaders of the agreement reached with Maharaja Hari Singh and told them that it had been agreed upon that a Constituent Assembly would be convened in the State which would determine the future of the Dogra rule and draw up a Constitution for the government of the State. Nehru further outlined the broad basis of the constitutional relations between the State and the Union of India and proposed the inclusion of Jammu and Kashmir in the constitutional organization of India with such modification as would suit the specific historical and political antecedents of the State.

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