Article 1 of the constitution says that India, that is Bharat, shall be a union of states and the territory of India is composed of territories of states, the union territories and any acquired territories as listed in Schedule 1 per Article 1 (3).
It is a provision incorporated in the Constitution giving the Jammu and Kashmir Legislature a carte blanche to decide who all are ‘permanent residents’ of the State and confer on them special rights and privileges in public sector jobs, acquisition of property in the State, scholarships and other public aid and welfare. The provision mandates that no act of the legislature coming under it can be challenged for violating the Constitution or any other law of the land.
Kashmir has history of 6000 years, intermittently ruled by outsiders. The history of Kashmir is mainly divided into four periods:
Shah Mir ascended the throne under the name of Sultan Shamasud-din, and his dynasty ruled the state for 222 years. Sultan Sikander Butshika of Kashmir considered worst in Muslim Period. Firishta records that he persecuted the Hindus and issued orders prohibiting the residence of any other than Muslims in Kashmir. He also ordered the breaking of all golden and silver images.
During the period of Mughal rule from 1587 to 1752, the people enjoyed peace and order. Akbar built a new town near Hariparbat and called it Nagar-Magar and built the massive wall around the hill. The Mughal rulers never came alone, but were always accompanied by hundreds of Nobles, Amirs and Umras, Princes and Army Generals. Jahangir came virtually, under the spell of the scenic beauty of the place, and wherever he found a hill coming down gently to a spring or a grove of majestic Chinar trees or a beautiful lake, he utilized the place for planting a pleasure garden
The rulers of Kabul were great despots, and they ruled all the parts of their kingdom ruthlessly with an iron hand. The cornerstone of their policy was terror. As many as twenty eight Durrani Subedars governed Kashmir during these sixty seven years. Most of the well to do people of the valley were summoned by the Abid Ali Governor Abdullah Khan to his palace, and ordered to surrender all their wealth on pain of death. Their houses were completely sacked, and many people were put to sword. There was complete gloom and despair on every side.
The misery of the people increased due to natural calamities as well, such as premature snow falls, which would destroy a ripe rice crop leading to famines. Thousands of people migrated to India during these hard days, and no wonder the population of the valley came down to two lakhs from nine lakhs.
Dogras are from Indo-Aryan ethnic group in south Asia. Dogras believed to be suryavanshi Rajputs of chattri origin. They are migrated from Rajputana many centuries ago. They live predominantly in the J&K, Punjab, Himachal Pradesh and North East Pakistan. They speak their own language called Dogri. Most of the Dogras are Hindus, some are Muslims and some are Sikhs. From 1846 to 1949, four Dogra kingdoms are ruled in J&K. The Kashmir accession was started at the time of Maharaja Hari singh.
In 1885 Maharaja Sir Pratap Singh ascended the throne and he ruled for a period of 40 years. There was development in the means of communication and telegraphs. Telephones and post offices were opened in many places. After the death of Maharaja Pratap Singh his nephew Maharaja Sir Hari Singh ascended the throne in 1925. He continued to govern the state till 1949. Hari Singh was the last ruler of Kashmir. When India got freedom in 1947 the land was divided into two parts- India and Pakistan
In 1947, Britain gave up its rule of India. The Indian Independence Act divided British India into two independent states, the Dominion of Pakistan and Dominion of India. According to the Act, "the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States."So each of the princely states was now free to join India or Pakistan or to remain independent. Most of the princes acceded to one or the other of the two nations.
Maharaja Hari Singh wanted his state to remain independent, joining neither Pakistan nor India but maintaining friendly relations with both. For this reason, he offered a standstill agreement to both the countries. Pakistan immediately accepted the offer, even though no actual agreement was ever executed. India requested a representative to be sent for discussions. At any event, the agreement with Pakistan soon came unstuck as Pakistan imposed an economic blockade on the state in early September, stopping essential supplies and trade in timber and produce, resulting in heated exchanges between the two governments. The state turned to India for help, which started air-lifting essential items like salt and kerosene.
The Maharaja also faced a rebellion in Poonch and Pakistan started arming the rebels. Then it launched a full-blown invasion of the state using Pashtun tribes with an intent to take the capital Srinagar. Unable to withstand the invasion, the Maharaja requested India for military assistance. India agreed to airlift troops under three conditions:
The Maharaja accepted the conditions and signed the Instrument of Accession in favour of India. Sheikh Abdullah was appointed as the Head of Emergency Administration to run the affairs in Kashmir while the Maharaja himself withdrew to Jammu.
The Instrument was accepted by the Governor-General. With the signature of the Maharaja and the acceptance by the Governor-General, the princely state of Jammu and Kashmir became a part of the Dominion of India. Indian troops landed at Srinagar airport in Kashmir and secured the airport before proceeding to evict the invaders from the Kashmir Valley.
The princely state of Jammu and Kashmir, thus acceded to India on 27 October 1947. Later in 1948, The Maharaja appointed Sheikh Abdullah as the Prime Minister and his son Karan Singh as the Prince Regent to act on his behalf. Jammu and Kashmir operated as a princely state of India until 1952.
After the Constituent Assembly of Jammu and Kashmir was elected in 1952, it passed a resolution supporting the abolition of monarchy. Via the 1952 Delhi Agreement, the Government of India conceded the wishes of the state's people and the monarchy was abolished. Prince Karan Singh then accepted the post of Sadar-i-Riyasat (constitutional Head of State).
Sino-Indo War, 1962
The cause of the war was a dispute over the Aksai Chin and Arunachal Pradesh border regions. India claimed that Aksai Chin belong to Kashmir, China claimed that it was a part of Xinjiang. In 20th October 1962 Chinese troops launched in Ladakh and crossed Mc Mahon line. Chinese troops advantaged over Indian troops and captured Rezongla in Chushal in the western part, as well as eastern part of Tawang . On November 21, Chinese Prime Minister Zhou En lai declared a unilateral ceasefire. On 18 May 1964 Pakistan again raised the question about J&K in Security Council.
Indo-Pak War 1965
It is called Second Kashmir War. Pakistan’s operation Gibraltar was designed to infiltrate forces into J&K to precipitate an insurgency against India. In May 1965 large scale of fighting erupted in Ranna of Kutch between India and Pakistan. Fighting spread across the ceasefire line in J&K in May 1965.The five week war inflicted thousands of causalities on both sides.
Indo-Pak War 1971
Indian troops invaded East Pakistan. This lead to war and fighting spread to Punjab, Rajasthan and Kashmir. Dhaka fell to Indian forces and Bangladesh came into being. In 1972 Pakistan President Z.A.Bhutto and Indian Prime Minister Indira Gandhi sign the Simla Agreement, Which provided for return of territory captured in 1971, return of Pakistani prisoners of war and resolution of mutual differences through all peaceful means. The accord renamed the cease fire line in J&K as the LOC
The 1999 Kargil War took place when Pakistani forces and Kashmiri militants were detected a top the Kargil ridges and when both sides had essentially ceased their military operations. It is believed that the planning for the operation, by Pakistan, may have occurred about as early as the autumn of 1998. Soon, Indian forces were prepared for a major high-altitude offensive against Pakistani posts along the border in the disputed Kashmir region.
The moment the Instrument of Accession was signed by the Maharaja and was accepted by the Union of India, the whole state of Jammu and Kashmir became an integral part of India like other princely states. It became constitutional and legal duty of the Union of India to get back the whole of the territory which had been illegally occupied by Pakistan. The condition of acceptance of merger of Jammu and Kashmir after its acceptance by the people of J&K made pro-Pakistanis to hold plebiscite under the auspices of UN. Art.370 gave special status to the state of Jammu and Kashmir. It says that the provisions of act (repealed by the constitution 7th Amendment Act, 1956) shall not apply in relation to the state of Jammu and Kashmir. Sub Cl. (a) is discriminatory and against the constitutionalism. The law made by Parliament is applicable to the whole country, law making powers of parliament are unlimited and even they have extra territorial application. But in case of the state of Jammu and Kashmir law making powers are limited by (a) Sub-Cl. (b) of Art 370.
On January 17, 1956 new constitution was adopted in J&K Assembly. The Constitution of the state was enforced with effect from 26 January 1957. Constitution shaped as a republican democratic state within the Union of India, with its own separate flag, official language and elected head of the state called Sadar-i-Riyasat.
In 1958, constitutional amendment was brought under the purview of Central administrative services. Indus Water treaty and Indus Basin development agreement was signed between India and Pakistan with World Bank mediation and facilitation in September 1960.
Issues due to Article 370
SIGNIFICANCE TO J&K
WHY IS ARTICLE 35A BEING DEBATED?
WHY ARE POLITICAL PARTIES & SEPARATISTS OPPOSED TO TINKERING WITH 35A?
What power does Article 35A gives to J&K ?
Government’s procedure in changing Kashmir's special status overnight
Concerns regarding the process adopted to abrogate article 370
Development by abrogating article 370
Impact on LoC status
LADAKH AS A UT
Ladakh has been made a Union Territory along with the abrogation of Article 370 of the Constitution of India
Back-story on the U.S. offer of mediation
What about the U.S.?
Why does India refrain from taking help?
Simla Agreement, 1972
Lahore Declaration, 1999
Reference to United Nations
Non-implementation of UN Resolutions by Pakistan
India had made it clear that full implementation of the UN resolutions would be conditional upon Pakistan fulfilling Parts (I) & (II) of the UNGIP resolutions of l3 August, 1948, which inter alia, required that all forges regular and irregular under the control of both sides shall cease fire; Pakistan would withdraw its troops, it would endeavour to secure withdrawal of tribesmen and Pak nationals and India will withdraw bulk of its forges once the UNGIP confirms that the tribesmen and Pak nationals have withdrawn and Pak troops are being withdrawn.
India was also to ensure that the State government takes various measures to preserve peace, lay and order. Indian acceptance of these UNGIP resolutions was also subject to several conditions and assurances given by UNGIP including that Pakistan would be excluded from all affairs of Jammu & Kashmir, "Azad J & K Government” would not be recognised, sovereignty of J & K government over the entire territory of the State shall not be brought into question, territory occupied by Pakistan shall not be consolidated, and Pakistani troops would be withdrawn completely. Pakistan never fulfilled these assurances.
Ending the conflict
Verifying, please be patient.