By MOHAN KRISHEN TENG
The current research is aimed to track the method of federalization in India and the inclusion of targeted provisions for the Jammu and Kashmir nation embodied in Article 370 of the structure of India. due to the fact that Jammu and Kashmir provides a version of the federal constitution within which the Indian States have been welded, the current examine is anticipated to supply a point of view for the longer term evolution of the federal frames which the founding fathers of the structure of India built. in recent times there was insistent emphasis at the acceptance of sub-national diversities of India as elements of the Indian federal process. the current learn, that's focussed at the research of the constitutional placement of Jammu and Kashmir within the Indian federal constitution, as a sub-national id, finds a lot and will function a hallmark for any reconsideration of the federal family the structure of India embodies.
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Extra info for KASHMIR ARTICLE 370
Third Alternative The Conference leaders gave first formal expression to their outlook immediately after the cease-fire was accepted by India and Pakistan; and the fighting was suspended in the State. On 3 January 1949, two days after the cease-fire came into force, the Interim Government sent a long memorandum to the States Minister of the Government of India, Sardar Patel. The memorandum was signed by all the members of the Interim Government, including Girdhari Lal Dogra and Sham Lal Saraf. The Interim Government informed Patel that since the National Conference would be required to approach the people of the State to seek their support for India in the impending plebiscite, it would be necessary for the Conference to explain its stand to the people in regard to the future constitutional organization of the State and its position in the proposed federal structure of India.
A decision, in which Sardar Patel concurred, was finally taken to advise the Maharaja to leave the state and appoint his son, Karan Singh, the Regent of the State. 0 CHAPTER 3: ARTICLE 370 When Maharaja Hari Singh acceded to India on 26 October 1947, he ceded to the Dominion Government, powers with regard to the subjects the other Indian States had also delegated to the Dominion. The subjects were listed in the Schedule attached to the Instrument of Accession and included: • • • • Military, air and naval forces of the Dominion, armed forces raised or maintained by the Dominion or maintained by the State operating with any of the armed forces of the Dominion, naval, military and air force works and the administration of the Cantonments arms, ammunition and explosives; External affairs, treaties, and agreements with other countries, extradition, admission, emigration, expulsion of nationals, regulation of movement of the foreign nationals, pilgrimages to places outside India and nationalization; Communications, posts and telegraphs, telephones, wireless, broadcasting and other communications, railways, shipping and navigation, admiralty jurisdiction, ports and port authorities of delimitation-ports, port quarantine, air craft and air navigation; aerodromes, air traffic, light houses, beacons, safety for shipping and air craft, carriage of passengers and goods by sea and air and police force of the railways; Election to the Dominion Legislature, offences against laws with respect to any of the matters transferred to the Dominion of India, inquiries and statistics with regard to these matters and the jurisdiction of all courts with regard to these matters.
Kachru wrote to Nehru: Sheikh Sahib feels that unless there is a transfer of power to a substantial degree the National Conference may find itself in a difficult position. To fight the League, to maintain law and order inside the State and to carry the masses with them, it is highly essential that a settlement with the National Conference should be brought about simultaneously with the accession of the State to the Union. Alternative to the National Conference is undiluted Muslim communalism of the most militant type and the National Conference urges that it be taken into confidence and is closely associated with the government of the country.