J&K constitution provides for governor's rule unlike other states | India News - Times of India
MUST READ: 'Modi will never abrogate Article ' We are only surprised by its timing, but then it was a given that the PDP-BJP Unless the BJP and Congress do not reach any unanimity about the mechanism to. Article of the Indian Constitution, guaranteeing special status to the State of Most of the National Conference (NC) leaders, including Sher-i-Kashmir, were to transfer power to the Indians, until the demand for Pakistan was conceded. . In order to meet the viewpoint of the State's delegation, the Government of India. The polity was undisturbed until during the early days of October when I have accordingly decided to do so and I attach the Instrument of Truncating the history with this, Article of the Constitution provides, among together to meet their common needs and to defend themselves in common).
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Under such state of affairs, the Maharaja announced his decisions to hold elections to Praja Sabha State Parliament. At the national level, the Muslim League turned down the proposal made by the British Prime Minister to transfer power to the Indians, until the demand for Pakistan was conceded.
Lord Mountbatten replaced Lord Wavell as the Viceroy of India and he negotiated a settlement between Indian National Congress and Muslim League for the partition of the sub-continent and transfer of power to the two dominions — India and Pakistan. However, Maharaja Hari Singh wanted to maintain an independent status with cordial relations with both India and Pakistan, but India invited him to Delhi to workout the modalities whereas Pakistan accepted the offer and assured easy movement of supplies to the State through its territories such as Suchetgarh JammuUri Kashmiretc.
Abdullah was shifted from Bhaderwah Jail to Srinagar for negotiations with the State Government on the future of the State.
Abdullah and the Central Government were in progress, when on Oct. Menon, the representative of the Central Government arrived at Jammu and asked the Maharaja to sign the Document of Accession and send a letter to the Defence Committee in India. Compelled by the pressure built by the tribal attack, the revolt in Poonch, the National Conference leadership and the communal riots in Jammu, Maharaja Hari Singh signed the Instrument of Accession, along with the Schedule of the Instrument of Accession relating to authorizing the dominion legislature to make laws in respect of specified matters Defence, External Affairs and Communication, etc.
Immediately after this order, the Indian troops started to land at Srinagar Airport on Oct. Abdullah to function as the Head of the Emergency Government. So, he continued to work as such till March 5,while India sent its representation to the UN on Dec.
Pillai, to the President of the Security Council on the following day. On that day, the Maharaja announced the formation of the interim Government with S. Abdullah as the Prime Minister.
The Constitution: The privileged state - Cover Story News - Issue Date: Dec 15,
In June, Maharaja was obliged to leave the state ostensibly for reasons of health and handover power to Yuvraj Karan Singh as Regent. Afsal Beg, Maulana Mohd. Syed Masoodi and Moti Ram Baigra. Finallythe Indian Constitution came into force on Jan. Abdullah reads as follows: Further the Union shall have no power to suspend the constitution of the state either on the ground of failure of constitutional machinery under Article or on the ground of failure to comply with the direction given by the Union under Article However in case of the former, it is the Governor who shall have the power, with the concurrence of the President, to assume on himself all or any of the functions of the government of the state.
That is why in the recent past there was Governor's Rule and not President's Rule in the state as in the case of other states. The special rights or privileges include "employment under the state government", acquisition of immovable property.
No such special rights are granted to the permanent residents of other states in India. No doubt the case of this state is special but it is not unique.
ARTICLE 370: GENESIS AND WRECKAGE
There are a couple of other states in the Indian Union which have been granted special status in certain minor matters. Article provides special provision with respect to the states of Maharashtra and Gujarat in matters of the establishment of separate development boards for certain areas. Article A makes special provision with respect to the state of Nagland in lieu of certain special religions and the social practices of the Nagas.
Articles 37IB, C and D made special provisions with respect to the states of Assam, Manipur and Andhra Pradesh respectively in matters of regional considerations. And Article 37IF provides special provisions with respect to the state of Sikkim keeping in view the circumstances regarding the merger of the state with the Indian Union.
The scheme of the Indian Union is not absolutely uniform in relation to all its units. In law, there is always a presumption that provisions of the same statute cannot be repugnant to each other.
The purpose for which the Article was incorporated in the Constitution is quite clear. Therefore, special powers under Article apply only to the State on the basis of its political history and the general scheme of federation under the Constitution applies to other States.
There is, therefore no repugnancy within the Constitution. The natural corollary to the preceding point is that Article is an exception to the general rule relating to the Indian federal polity. No rule is without exceptions. Similarly, many other States have been armed with Special powers under Articles A — I of the Constitution based on their political history and necessity. Kashmiris are entitled to their right to Self Determination which is now recognized as a jus cogens principle in International Human Rights Law.
By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.