The Constitutional System Of Jammu And 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 | : Rekha Chowdhary |
| Publisher | : Routledge |
| Total Pages | : 240 |
| Release | : 2015-10-05 |
| Genre | : Political Science |
| ISBN | : 1317414047 |
This book provides a comprehensive and up-to-date analysis of the complex conflict situation in Kashmir. Through an internal perspective, it charts the shift in the Kashmiri response towards the Centre and offers a detailed examination of the background in which separatist politics took roots in Kashmir, and the way it changed its nature in the militancy and post-militancy period. The volume shows how separatism and armed militancy, as manifest in the Valley in the late 1980s, (though augmented by external factors) have been internal responses to the changing nature of Kashmiri identity politics. It explores how the ideas central to Indian nationalist politics — especially democracy and secularism — echoed in Kashmir and were instrumental in dismantling the feudal structure and negotiating an autonomous space within the framework of asymmetrical federalism. Seamlessly blending facts and incisive analyses, this book raises new questions about the nature of conflict and contestation in the region. It will be of great interest to researchers and scholars of Indian politics, especially on Jammu and Kashmir, and sociology, as well as government bodies, think tanks and the interested general reader.
| Author | : Adarsh Sein Anand |
| Publisher | : Universal Law Publishing |
| Total Pages | : 0 |
| Release | : |
| Genre | : Constitutional law |
| ISBN | : 9789351438342 |
| 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 | : 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 | : Javaid Hayat |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 356 |
| Release | : 2020-04-17 |
| Genre | : Political Science |
| ISBN | : 9780199408054 |
Azad Jammu & Kashmir: Polity, Politics, and Power-Sharing explores the opportunities and pitfalls of establishing democracy and legitimate governance in territories with disputed status, especially where governance systems are fragile and the process of democratization is hindered due to socio-political fault-lines. Apart from probing the decolonisation process in the Indian subcontinent and its subsequent implications, the analyses in this study, adds clarity to our understanding of the status and sovereignty of Azad Jammu & Kashmir (AJK) by using a historical and constitutional perspective; for this purpose, it investigates political and constitutional evolution since 1947. It examines contemporary power-sharing theories and alternatives for the establishment of an autonomous governance structure in order to proceed towards meaningful conflict-management and hence a stable democracy in deeply divided societies, with particular focus on AJK. Javaid Hayat has identified innovative pathways amongst nexuses of sovereignty, autonomy, and democratic governance and has persuasively argued for an alternative model through recognition of internal right to self-determination for building veritable autonomous democratic governance structure in the disputed territory of AJK until an opportunity presents itself for an external right to self-determination as provided to the people of the erstwhile state of J&K, which was promised by the UN and agreed to, by both India and Pakistan.
| 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 | : Christopher Snedden |
| Publisher | : Manchester University Press |
| Total Pages | : 317 |
| Release | : 2021-06-01 |
| Genre | : History |
| ISBN | : 1526156156 |
Many disenchanted Kashmiris continue to demand independence or freedom from India. Written by a leading authority on Kashmir’s troubled past, this book revisits the topic of independence for the region (also known as Jammu and Kashmir, or J&K), and explores exactly why this aspiration has never been fulfilled. In a rare India-Pakistan agreement, they concur that neither J&K, nor any part of it, can be independent. Charting a complex history and intense geo-political rivalry from Maharaja Hari Singh’s leadership in the mid-1920s to the present, this book offers an essential insight into the disputes that have shaped the region. As tensions continue to rise following government-imposed COVID-19 lockdowns, Snedden asks a vital question: what might independence look like and just how realistic is this aspiration?
| 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 | : Aijaz Ashraf Wani |
| Publisher | : Oxford University Press |
| Total Pages | : 295 |
| Release | : 2018-12-15 |
| Genre | : Political Science |
| ISBN | : 0199097151 |
What Happened to Governance in Kashmir? examines the policies, strategies, and tactics followed by the Indian state and the ‘client’ governments in Srinagar to manage the conflicted state of Jammu and Kashmir during 1948–89 . It shows how the policies deployed to ‘create order in disorder’ functioned inversely and turned Kashmir into a smoldering volcano which erupted in 1989–90. The author argues that as the issue of dispute and policy framework has been constant, the clash between the status quoist state and the society was inevitable. The crisis deepened along with technological, economic, cultural, and social changes. Based on a variety of contemporary sources, this book deals with many aspects of Kashmir’s governance through different political phases. It shows how the personal proclivities and decisions of each prime minister/chief minister played a role in determining the pattern of rule and the course of history with consequences felt many miles downstream.
