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.
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).
Article 370
Salient features
Article 35A
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.
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 It says that the provisions of act (repealed by the constitution 7th Amendment Act, 1956) shall not apply in relation to the state of Jammu and Kashmir.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
Challenges
Impact on LoC status
Legal contentions
LADAKH AS A UT
Ladakh has been made a Union Territory along with the abrogation of Article 370 of the Constitution of India
About
Negative Implications
Positive Impact
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
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