>From the following it appears there is a precedent and room to bring up
>discussion of federal system of government in Lok Sabha. However, how much
>freedom does Kashmir really have, knowing the recent happenings there?
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LETTERS
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Constitution of Jammu and Kashmir
Sir, It is not known to many that Jammu and Kashmir has a state constitution.
This fact reflects the federal policy of India and it is also an
acknowledgement of a right of self determination though not in absolute manner.
A treaty was concluded between Raja Gulab Singh and the British colonial
government in India on March 16, 1846 at Amritsar. By this treaty the British
government sold the State of Jammu and Kashmir to Raja Gulab Singh on payment
of Rs 75 lakh. Maharaja Hari Singh ascended the throne of Jammu and Kashmir in
1925. There had been a rise of nationalism and the movement was led by National
Conference under the leadership of Sheikh Mohammed Abdullah. Eventually, the
Maharaja promulgated the Jammu and Kashmir Constitution Act on September, 1939.
The Constitution was not framed by an elected constituent assembly.
The State of Jammu and Kashmir became independent on August 14, 1947 as it
neither acceded to India nor Pakistan. But on October 20, 1947 several thousand
armed tribesmen attacked Kashmir crossing the boundary of Pakistan. Maharaja
Hari Singh left Kashmir and arrived at the summer capital Jammu after
appointing Sheikh Mohammed Abdullah as the emergency administrator and with his
advice to accede to India and seek military help, Maharaja Hari Singh, with
great reluctance, despatched the letter of accession to Lord Mountbatten, the
Governor General of India.
The Constitution of India was adopted on January 26, 1950 with the special
Article 370 for Kashmir alone on the terms of the Instrument of Accession. The
Constitution (Application to Jammu and Kashmir) order 1950 was issued by the
President of India under Article 370 of the Constitution after consultation of
the Government of Jammu and Kashmir. It enabled the Union Parliament to make
laws for this State on specified matters.
Jammu and Kashmir Constituent Assembly was established in September, 1951 and
the new Constitution of Jammu and Kashmir came into force on January 26, 1957.
Section 3 states :
The State of Jammu and Kashmir is and shall be an integral part by the Union
of India. Section 5 refers that executive and legislative powers of the State
extend to all matters except those in respect to which Parliament has power to
make laws for the State under provisions of the Constitution of India.
This is quite an explicit statement about the constitutional relations between
Union government and the State of Jammu and Kashmir. By the Delhi agreement of
1952 Kashmir was allowed to retain its own flag and Section 144 of the new
Constitution provides for a flag for the State. Yours tc., PARAMANANDA KALITA,
Gopal Road, Panbazar, Guwahati.
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