Article 370

Article 370
Author: A.G. Noorani
Publisher: Oxford University Press
Total Pages: 623
Release: 2014-11-03
Genre: History
ISBN: 0199088551

On 26 January 1950, the Constitution of India came into force with a unique provision—Article 370. The special status accorded to the state of Jammu and Kashmir in the article meant that its people lived under a different set of laws while being part of the Indian Union. Alternating deftly between history and politics, A.G. Noorani examines a wide range of documents pertaining to Article 370. He incisively analyses the implications and consequences of the article for the constitutional democracy of the state and the nation. From Jammu and Kashmir's accession to India in 1947 to the various negotiations thereafter; Sheikh Abdullah's arrest to the framing of the Constitution of Jammu and Kashmir and the replacement of Sadar-i-Riyasat, this book impeccably documents the little-known constitutional history of the state. Noorani underscores the politics behind the gradual erosion of Article 370 and the need for restoration of autonomy. Critically analysing the various judgments relating to this constitutional arrangement, he suggests a framework for resolving the 'Kashmir problem'. Collecting together rare, often unseen and unnoticed, letters, memoranda, white papers, proclamations, and amendments, this book will be an indispensable resource on Kashmir.

Historical Title, Self-Determination and the Kashmir Question

Historical Title, Self-Determination and the Kashmir Question
Author: Fozia Nazir Lone
Publisher: BRILL
Total Pages: 500
Release: 2018-05-07
Genre: Law
ISBN: 9004359990

In Historical Title, Self-Determination and the Kashmir Question Fozia Nazir Lone offers a critical re-examination of the Kashmir question. Through an interdisciplinary approach and international law perspective, she analyses political practices and the substantive international law on the restoration of historical title and self-determination. The book analytically examines whether Kashmir was a State at any point in history; the effect of the 1947 occupation by India/Pakistan; the international law implications of the constitutional incorporation of this territory and the ongoing human rights violations; whether Kashmiris are entitled to restore their historical title through the exercise of self-determination; and whether the Kashmir question could be resolved with the formation of international strategic alliance to curb danger of spreading terrorism in Kashmir.

Kashmir and the Future of South Asia

Kashmir and the Future of South Asia
Author: Sugata Bose
Publisher: Routledge
Total Pages: 208
Release: 2020-12-30
Genre: Social Science
ISBN: 1000318842

This book uses an innovative people-centered approach to the Kashmir problem to shed new light on why postcolonial partitions remain unfinished and why the wounds of postcolonial nation-state formation in South Asia continue to fester. "Kashmir" is viewed as a metaphor for the permanent internal wars of partition that mark the South Asian experience. Chapters sensitively bring Kashmiri voices to the fore to examine Kashmir in the national discourses of India and Pakistan, resistance in the Kashmiri imagination and the Kashmir conflict in a global context. The book foregrounds how the space of Kashmir as a cultural, historical and political sphere persists and continues to haunt the postcolonial national present as the people of Kashmir and their cultural, literary and artistic productions cannot be contained within the regnant paradigms of the nations across which the region is partitioned. Additionally, the book explores how long-term resolution would demand engagement with historical forces, political actors and social formations that exceed the nation-state. An important contribution to the study of this troubled region, this book will be of interest to academics and researchers of modern South Asian history and politics as well as comparative politics and international relations.

Constitutional and Political History of Pakistan

Constitutional and Political History of Pakistan
Author: Hamid Khan
Publisher: Oxford University Press, USA
Total Pages: 902
Release: 2020-04-05
Genre: Law
ISBN: 9780199407828

It has been seven decades since the independent state of Pakistan was carved out of British India, yet the country is still in pursuit of a suitable constitutional framework. Over this period of time, no other country has experimented with so many different constitutional forms, from parliamentary democracy to presidential form of government, to outright military regimes. This book analyses constitutional development in Pakistan from its inception to present times. It provides a case-by-case account of constitution-making in Pakistan, with the inclusion of all pertinent documentation. Constitutional developments have been explained in the context of social and political events that shaped them. The book focuses on constitutional and political history, and constitutional development concurrently. It includes a liberal humanitarian reading of the travails of lawmakers and the role of generals, judges, politicians, and bureaucrats in the implementation of law. Students of law, political science, and history, as well as lawyers, judges, and professors will find this book of particular value. Being grounded in a socio-political context, this book is also of interest to the general reader. The third edition is updated to cover the constitutional and political developments up until 2013.

The Oxford Handbook of the Indian Constitution

The Oxford Handbook of the Indian Constitution
Author: Sujit Choudhry
Publisher: Oxford University Press
Total Pages: 1328
Release: 2016-05-03
Genre: Law
ISBN: 0191058629

The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.

A People's Constitution

A People's Constitution
Author: Rohit De
Publisher: Princeton University Press
Total Pages: 308
Release: 2020-08-04
Genre: History
ISBN: 0691210381

It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

Law and Conflict Resolution in Kashmir

Law and Conflict Resolution in Kashmir
Author: Piotr Balcerowicz
Publisher: Routledge Studies in South Asian Politics
Total Pages: 0
Release: 2022-01-21
Genre:
ISBN: 9781032048529

This book provides analysis of the legal status of territories of the former Princely State of Jammu and Kashmir, considering potential opportunities for Kashmir conflict resolution. Containing a detailed survey of relevant legislation and international documents, chapters throughout this book investigate the attempts and failures of Kashmir conflict resolution, holding up factors which could enable more peaceful relations between India and Pakistan with inclusion of the inhabitants of the erstwhile Princely State of Jammu and Kashmir. The book goes further than outlining how India and Pakistan determine the legal status of their portions of Kashmir by demonstrating the complexity of legal arrangements and why this protracted conflict is so difficult to resolve. As the Kashmir conflict is not only about territory and irredentism, themes such as cultural and national identity, power procurement, territorial security, communal rivalry, religious radicalisation, economic factors, and social issues are all taken into consideration. Law and Conflict Resolution in Kashmir will appeal to students and scholars of peace and conflict studies, international relations, international law studies, and South Asian studies. Chapter 15 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Kashmir

Kashmir
Author: Chitralekha Zutshi
Publisher: Oxford University Press
Total Pages: 169
Release: 2019-09-11
Genre: History
ISBN: 0190990465

Since 1947-48, when India and Pakistan fought their first war over Kashmir, it has been reduced to an endlessly disputed territory. As a result, the people of this region and its rich history are often forgotten. This short introduction untangles the complex issue of Kashmir to help readers understand not just its past, present, and future, but also the sources of the existing misconceptions about it. In lucidly written prose, the author presents a range of ways in which Kashmir has been imagined by its inhabitants and outsiders over the centuries—a sacred space, homeland, nation, secular symbol, and a zone of conflict. Kashmir thus emerges in this account as a geographic entity as well as a composite of multiple ideas and shifting boundaries that were produced in specific historical and political contexts.