The Constitution Of Jammu Kashmir
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| 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.
| Author | : Adarsh Sein Anand |
| Publisher | : Universal Law Publishing |
| Total Pages | : 0 |
| Release | : |
| Genre | : Constitutional law |
| ISBN | : 9789351438342 |
| 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.
| Author | : Saurabh Pandey |
| Publisher | : Educreation Publishing |
| Total Pages | : 81 |
| Release | : 2019-02-28 |
| Genre | : Education |
| ISBN | : |
Article 370 of the Constitution of India relating to special status of the State of Jammu and Kashmir is now sixty-nine years old. It is the only state in the Union of India which negotiated the terms of its membership with the Union. The state acceded to India under ‘unique circumstances’ and the ‘unique problems’ existing within the state require a ‘unique solution’. One such problem is the impact of Article 370 on its capable economy. Kashmir’s tourism is an under developed sector which nevertheless fuels its economy. It is abundantly rich in natural resources including fertile lands, rivers, and various other resources which otherwise would have contributed towards a flourishing economy. Despite this, the economy of the state has not been able to grow at an expected pace. The authors argue that it is because of the presence of Article 370 and the resulting socio political conditions, the economy is in a sorry state. The constitutional provision giving special status ensures that no outsider can buy land or start any business, which makes it difficult to invest in the state. Also, the provision gives a limited space to the central government in the economic domain and in consequence to pool substantial resources for consolidating the economy. The authors’ idea is to bring forth how this politico-legal provision has shaped the economy of the state and how the functioning is to be changed for a better future.
| Author | : Waseem Ahmad Sofi |
| Publisher | : Springer Nature |
| Total Pages | : 191 |
| Release | : 2021-06-17 |
| Genre | : Political Science |
| ISBN | : 9811610193 |
The book discusses the issue of autonomy in India’s federal system and its precision and focused nature. It inquires into the various aspects of the problem autonomy of the states and its emerging trends with special reference of Jammu and Kashmir State autonomy. The book addresses many controversial unanswered question like – Should India adopt and opt for ‘dual’ or ‘competitive’ model of federalism, which has long since been discarded even in the land of its origin or should we evolve robust indigenous solutions to our problem of autonomy of States? To change the metaphor, do we choose a ‘regression model’ or a ‘development model’ of our federal polity? All these discussions which deserve sustained citizen interest and national debate, have been answered in the present book.
| 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.
| 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.
| 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.
| Author | : Peer Ghulam Nabi Suhail |
| Publisher | : Oxford University Press |
| Total Pages | : 242 |
| Release | : 2018-02-16 |
| Genre | : Literary Collections |
| ISBN | : 019909165X |
Resource exploitation in the form of land-grabbing has become a major debate worldwide. Based on extensive field research conducted at the India-Pakistan border, using Kishanganga Hydroelectric Project as a case study, this book on corporate land-grabbing in Kashmir explains how capital is at play in a conflict zone. The author explains how different actors—village elites, government officers, politicians, civil society coalitions, peasants, and the states of India and Pakistan—mobilize support to legitimize their respective claims. It captures how the tensions between developmentalism, environmentalism, and national interest on one hand, and universal rights, national sovereignty, subnational identity, and resistance on the other—facilitate and challenge these corporate resource-grabs simultaneously. The author argues that the patterns and scale of land- and resource-grabbing has led to depeasantization, dispossession, displacement, loss of livelihoods, forced commoditization of the local peasantry, and damages to the local ecology at large. The book thus combines the literature in violence and development and dispossession studies by addressing the socio-political conflict in land- and resource-grabbing in conflict zones.
| Author | : Dinkar P. Srivastava |
| Publisher | : Harper Collins |
| Total Pages | : 399 |
| Release | : 2021-02-13 |
| Genre | : History |
| ISBN | : 9390327776 |
Forgotten Kashmir examines the evolution of Pakistan-Occupied Kashmir (POK) over the past seven decades. It includes major milestones like the 'tribal' invasion in 1947-48, the Sudhan revolt in the 1950s, the Ayub era, the Simla Agreement, the adoption of an 'Interim Constitution of 1974' and the China-Pakistan Economic Corridor (CPEC). It is not simply a historical account but one that analyses the events in POK against the background of developments in Pakistan's polity to better understand Pakistan's motivations for its policies in the region. The book delves into contentious issues such as the right of self-determination - that is distinct from the concept of plebiscite in Jammu and Kashmir which was debated in the United Nations Security Council (UNSC). More recently, the Chinese presence in the region has been considered, which is bound to grow with the development of CPEC, which runs through the Northern Areas. The book covers internal developments in that remote area. The author, a seasoned diplomat, provides a wealth of information that comes from his stint in Karachi, involvement in the Jammu and Kashmir issue at the Ministry of External Affairs, discussions in the United Nations, and as a member of bilateral working groups to counter-terrorism with the US, EU, UK, and Canada.
