Tag Archives: 1947

JOURNEY OF ARTICLE 370

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    Until the Modi government moved to end it with a presidential ordnance, Jammu & Kashmir had enjoyed a special constitutional relationship with the Union of India because of the circumstances in which Maharaja Hari Singh, the ruler of Kashmir, signed the Instrument of Accession after Independence in 1947 ended British paramountcy over his princely state. Government’s move has not repealed 370; it has effectively made it defunct. It has done away with Article 35A, which emanated from it.

1947: WHY MAHARAJA BIT THE ACCESSION BULLET

    The instrument of accession was executed on October 26, 1947 by Hari Singh and accepted by Lord Mountbatten. The circumstances and timing of the signing are important. A few days before that, Pashtun “tribesman” and Pakistani irregulars had crossed into his state and were moving towards Srinagar. The Maharaja turned to India for help, but India could only defend, provided it was a formal part of her territory.

    Clause 5 of the document said that the terms of accession “shall not be varied” by any amendment to the Govt of India Act of 1935 or the Indian independence Act 1947 unless accepted by Hari Singh in a supplementary instrument. Clause 6 disallowed the making of laws to acquire land in the state “for any purpose” but permitted Hari Singh to do so for the Dominion of India for a law applicable to the state. Clause 7 said no future Constitution of India (which was still to be written) could be imposed on the state.

    In 1950, in the original Constitution of India, J&K was listed as a Part B state, along with the other princely states that had merged by Instruments of Accession, including Hyderabad and Mysore.

    Part B states were then abolished and J&K was by an amendment of the Constitution put into Article 1 as India’s 15th state and irrevocably part of the “territory of India.” It continued to enjoy the special status granted to it under Article 370.

PLEBISCITE OUT, SPECIAL STATUS IN

    Article 370 was incorporated in Part XXI (temporary provisions with respect to the State of Jammu and Kashmir) of the Constitution. The state’s constituent assembly had wanted only those aspects of the Indian Constitution that reflected what Hari Singh had signed away. Besides Article 1, it was the only other article of the Indian Constitution that automatically applied to J&K. The other provisions of the Indian statute could apply to the state only if its constituent assembly concurred.

    Article 370 provided Jammu & Kashmir with special status, allowing it, its own state constitution. The Union of India could legislate act only in defence, foreign affairs and communications.

    Since the 1950s, there have been efforts to pull the state into a deeper embrace with the Union, but Article 370 was strengthened when Sheikh Abdullah, who had become the second Prime Minister of J&K in 1948 and was later dismissed came to an agreement—after spells of detention—with Prime Minister Indira Gandhi in 1975. In return for giving up his demand for a plebiscite, special status for J&K was allowed to continue and Sheikh Abdullah became the chief minister.

    However, over the years, the state was made subject to many Indian laws through various amendments in concurrence with the state assembly, the logic being that it was the natural successor to the J&K constituent assembly, which by definition was a transitional body.

    35A DEFINES WHO IS A PERMANENT RESIDENT.

    Article 35A was made part of the Indian Constitution in 1954, through a presidential order—though its genesis goes back to early 20th century Dogra apprehensions of an influx from Punjab, which they feared would change the State’s demographic and land ownership patterns. The article, which defines who is a permanent resident of J&K and lays down laws restricting property purchase and ownership to such permanent residents, also discriminated against women, depriving them of their state subject rights if they married non-permanent residents. The J&K high court ruled against this aspect in 2002.

    It had been the subject of acrimonious political debate and was challenged in the Supreme Court in 2014 on the grounds that it had been added to the Constitution not through an amendment passed by Parliament but by Presidential decree. Recent Constitution (Application to Jammu and Kashmir) Order 2019 supersedes the 1954 order, in effect scrapping Article 35A.

    SADR-I-RIYASAT OR GUV: IT’S ALL IN A WORD

    Article 370 said no changes could be made to the Constitution regarding the status of J&K without the concurrence of the state’s constituent assembly. The constituent assembly, though, was dissolved in November 1956 without providing any alternative to obtaining its concurrence. Article 370, originally written as a temporary measure, was treated in several court orders as therefore having become permanent. However, a presidential declaration on November 15, 1952, under Article 370 (3), had defined the “Government” of J&K as meaning the Sadr-i-Riyasat of the state acting under the advice of the state’s Council of Ministers. Then, in 1965, the term “Sadr-i-Riyasat” was changed to “Governor” by the Constitution of Jammu and Kashmir (6th Amendment) Act, 1965. The change meant that a Sadr-i-Riyasat elected by the state assembly was replaced by a governor appointed by the President of India.

    August 6 Constitution Order 2019 was issued by the President under Article 370, Clause 1, with the concurrence of the “Government of J&K”. “Government” here means the “Governor”.

Posted by Kamlesh Tripathi

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GLOOM BEHIND THE SMILE

(The book is about a young cancer patient. Now archived in 7 prestigious libraries of the US, including, Harvard University and Library of Congress. It can also be accessed in MIT through Worldcat.org. Besides, it is also available for reading in Libraries and archives of Canada and Cancer Aid and Research Foundation Mumbai)  

ONE TO TANGO … RIA’S ODYSSEY

(Is a book on ‘singlehood’ about a Delhi girl now archived in Connemara Library, Chennai and Delhi Public Library, GOI, Ministry of Culture, Delhi)

AADAB LUCKNOW … FOND MEMORIES

(Is a fiction written around the great city of Nawabs—Lucknow. It describes Lucknow in great detail and also talks about its Hindu-Muslim amity. That happens to be its undying characteristic. The book was launched in Lucknow International Literary Festival of 2014)

REFRACTIONS … FROM THE PRISM OF GOD

(Co-published by Cankids–Kidscan, a pan India NGO and Shravan Charity Mission, that works for Child cancer in India. The book is endorsed by Ms Preetha Reddy, MD Apollo Hospitals Group. It was launched in Lucknow International Literary Festival 2016)

TYPICAL TALE OF AN INDIAN SALESMAN

(Is a story of an Indian salesman who is, humbly qualified. Yet he fights his ways through unceasing uncertainties to reach the top. A good read not only for salesmen. The book was launched on 10th February, 2018 in Gorakhpur Lit-Fest. Now available in Amazon, Flipkart and Onlinegatha)

RHYTHM … in poems

(Published in January 2019. The book contains 50 poems. The poems describe our day to day life. The book is available in Amazon, Flipkart and Onlinegatha)

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BOOK CORNER: WHAT INDIA MEANT TO ME–Lord Mountbatten of Burma

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Khidki (Window)

–Read India Initiative—

This is only an attempt to create interest in reading. We may not get the time to read all the books in our lifetime. But such reviews, talk and synopsis will at least convey what the book is all about.

WHAT INDIA MEANT TO ME

By Lord Mountbatten of Burma

(An excerpt from the lost pages)

(Lord Mountbatten of Burma is a title in the peerage of the United Kingdom. In 1947 it was for rear admiral Louis Mount Batten, 1st viscount, Mount Batten of Burma and the last viceroy of India)

    Lord Mountbatten had both emotional as well as a professional cause for loving India:

    There was a special reason why Lord Mountbatten had an additional warm spot in his heart for India. While he was in Delhi staying at the old makeshift viceregal lodge, a young girl, of whom he had become very fond in England had come to stay with the viceroy, Lord Reading. Her name was Edwina Ashley. On 14 February 1922, during a dance in the house he sat out with her during the fifth dance in a small sitting room and proposed marriage to her. She accepted his proposal and all his happiness started from there … what you call India.

    The Prince of Wales (the heir apparent to the British throne) was delighted at this and was most helpful. Mountbatten had to have the king’s permission to marry and he saw all that. Later he discovered there had only been one dissenting voice when he and Edwina announced their engagement—and that was the vicereine—lady Reading, who wrote to Edwina’s aunt and said: ‘I’m afraid she has definitely made up her mind about him. I hope she could have cared for someone older, with more of a career behind him.’

    Soon both Edwina and Mountbatten  were tied to India with a possible bond of memory and affection, which clearly played an important part in their lives when he came out in 1947, as the last viceroy and indeed when he started as the first Governor-General of independent India

    Mountbatten makes another interesting highlight. In 1943 when he set up the supreme allied command in South-East Asia, he had closed on a million, Indian sailors, soldiers and airmen serving under him. He was particularly proud of this and admired their courage and steadfastness. They certainly fought magnificently and made a great international name for themselves.

    Thus when he finally came out as a viceroy he could add to his feeling of twenty-five years of love for India his two and a half years association with so many fighting men in war.    

    No wonder it was easy for him to feel the real happiness at being back in India, a country where Edwina and Mountbatten had grown to love among the people they admired and liked so much.

    What India meant to him can be summed up in one phrase in his own words:

    ‘Fascination, affection and happiness.’

    (LOUIS FRANCIS ALBERT NICHOLAS GEORGE MOUNTBATTEN, First Earl Mountbatten of Burma, British admiral and statesman, was the last Viceroy and the first Governor-General of independent India. He died in 1979 at the age of 79).

Synopsis by Kamlesh Tripathi

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https://kamleshsujata.wordpress.com

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Share it if you like it

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Shravan Charity Mission is an NGO that works for poor children suffering from life threatening diseases especially cancer. Should you wish to donate for the cause. The bank details are given below:

NAME OF ACCOUNT: SHRAVAN CHARITY MISSION

Account no: 680510110004635 (BANK OF INDIA)

IFSC code: BKID0006805

*

Our publications

GLOOM BEHIND THE SMILE

(The book is about a young cancer patient. Now archived in 7 prestigious libraries of the US, including, Harvard University and Library of Congress. It can also be accessed in MIT through Worldcat.org. Besides, it is also available for reading in Libraries and archives of Canada and Cancer Aid and Research Foundation Mumbai)  

ONE TO TANGO … RIA’S ODYSSEY

(Is a book on ‘singlehood’ about a Delhi girl now archived in Connemara Library, Chennai and Delhi Public Library, GOI, Ministry of Culture, Delhi)

AADAB LUCKNOW … FOND MEMORIES

(Is a fiction written around the great city of Nawabs—Lucknow. It describes Lucknow in great detail and also talks about its Hindu-Muslim amity. That happens to be its undying characteristic. The book was launched in Lucknow International Literary Festival of 2014)

REFRACTIONS … FROM THE PRISM OF GOD

(Co-published by Cankids–Kidscan, a pan India NGO and Shravan Charity Mission, that works for Child cancer in India. The book is endorsed by Ms Preetha Reddy, MD Apollo Hospitals Group. It was launched in Lucknow International Literary Festival 2016)

TYPICAL TALE OF AN INDIAN SALESMAN

(Is a story of an Indian salesman who is, humbly qualified. Yet he fights his ways through unceasing uncertainties to reach the top. A good read not only for salesmen. The book was launched on 10th February, 2018 in Gorakhpur Lit-Fest. Now available in Amazon, Flipkart and Onlinegatha

(ALL THE ABOVE TITLES ARE AVAILABLE FOR SALE IN AMAZON, FLIPKART AND OTHER ONLINE STORES OR YOU COULD EVEN WRITE TO US FOR A COPY)

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WATCH BOOK TALK: ‘TRAIN TO PAKISTAN’ by Khushwant Singh

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