Dr. Pradeepta Kishore Sahoo, Principal, Golaghat Lawcollege, Law College Road, Bengenakhowa, Dist.-Golaghat, Assam

International Journal of Academic Research ISSN: 2348-7666 Vol.1 Issue-3(1), September, 2014 Dr. Pradeepta kishore Sahoo, Principal, Golaghat Lawcollege, Law college Road, Bengenakhowa, Dist.-golaghat, Assam Durbar had sold to the British government was transferred by the The state of Jammu and Kashmir came latter to the Dogra ruler who acquired it into being as a single political entity in after stiff local residence. The 1846 under what is called the treaty of boundaries of the new state were further Amritsar. The British government vide extended by its rulers through a number this treaty concluded on 16th may of that of military expeditions, of course, with year, transferred and made over, the concurrence of the British “forever in independent possession to government, Ranbir Singh son of Gulab Maharaja Gulab Singh and the heir male Singh added Gilgit in life time of his of his body all hilly or mountainous father to his dominion. He subdued country with its dependencies situated to Yasin in 1863 and Dard valley in 1865. the eastward of the river Indus and Later during the rule of Maharaja westward of the river Ravi.” Pratap Singh, grandson of Gulab Singh , In consideration of this his forces defeated the rulers of chitral transfer Gulab Singh paid to the British in 1891and of Hunza and Nagar in 1895. government the sum of seventy-five lacs Who accepted the suzerainty of the of rupees while Jammu and Ladakh were Dogra Durbar. already being ruled by Gulab Singh, the While the Treaty transferred valley of Kashmir which the Lahore the state to Gulab Singh “ in International Journal of Academic Research ISSN: 2348-7666 Vol.1 Issue-3(1), September, 2014 independent possession” it instrument and believed that he had unambiguously specified British even a right to withdraw it. After his supremacy over his rule. According to abdication in 1949 the state Prime Article -4 of the Treaty of Amritsar Minister Sheikh Abdullah also treated maharaja did not change the limit of his these terms as sacrosanct. But the territories without concurrence of the government of India seemed to take a British government. He under took to different view. Moving Article-306A refer to the arbitration of the British (present Article-370) which gave a government any dispute in question that special status to the state. may arise between himself and the N.Gopalaswamy Ayyangar, a member of government of Lahore or any other the Drafting committee told the neighboring state and to abide by the constituent Assembly that, “Instrument decision of the British government. of Accession will be a thing of the past in the new constitution.” He said “In case According to Article-6, of practically all states other than the Maharaja engaged for himself and heirs state of Jammu and Kashmir their to join with the whole of his military constitutions also have been embodied in force, the British troops when employed the constitution for the whole of India.” within the hills or in the territories Describing the chequered history of the adjoining his possessions. He further state he observed, “It is the hope of engaged in Article-7 never to take or everybody here that in due course even retain in his service by British subject, Jammu and Kashmir will become ripe not the subject of any European or for the same sort of integration as has American state with the consent of the taken place in the case of other states. British government. Under Article-9 the British government undertook “the On the question of residuary responsibility of protecting the sovereignty, the union powers committee territories of Maharaja Gulab Singh of the constituent assembly had vested it from external enemies. with the centre only in the case of former British Indian provinces while in Finally and more specifically the case of princely states it vested with according to Article-10 Maharaja Gulab them. While submitting the report of the Singh acknowledged the supremacy of committee Gopalaswamy Ayyangar the British Government and will in expressed the hope on 21st August 1947, token of such supremacy present when the status of many states had yet annually to British Government , one to be settled that, “in due course the horse, twelve perfect shawl goats and Indian states will approximate to three pairs of Kashmiri shawls. provinces and the distinctions that now exist will find themselves removed by The Maharaja of the state common consent.” zealously guarded the terms of the International Journal of Academic Research ISSN: 2348-7666 Vol.1 Issue-3(1), September, 2014 Likewise, it was hoped that the country as its Article-370. The distinction between Jammu and passions aroused for and against it were Kashmir and other states would in due the major cause of disrupting the course be removed. So a “transitional emotional unity of the state and the and temporary” provision of Article-370 process of Indian federalization therein. was incorporated in the constitution of This highly emotive issue of Kashmir India. To quote Ayyanger again, “when politics figured as late as in the the constituent Assembly of the state Assembly Election campain of 1977 has met and taken its decision both on when the National Conference leader the constitution of the state and on the Abdullah threatened secession of the range of federal jurisdiction over the state from India if there was any move state. The president may on the to abrogate the controversial Article. recommendation of that constituent Indiscreet references to its abrogation by Assembly, issue an order that Article- some erstwhile Jana Sangh leader 370 shall cease to be operative or shall despite later disclaimers by some senior be operative only subject to such Janata leaders are generally believed to exceptions and modifications as may be have provoked the electorate in the specified by him. valley to swing in favour of the conference so massively. Article-370 limits the power of parliament to make laws for Jammu and At the time of the opinion survey, Kashmir to such of the matters as are for the present study (1975-76) an over enumerated in the union List and whelming number of Muslim concurrent list, which the president in respondents as large as 95% favoured a consultation with the government of the special status for the state under Article- state, declares to be corresponding with 370. The major reason cited by most of the matters specified in the Instrument them that to support their behalf was to of accession governing the accession of honour the pledge given by the Indian the state to the union of India, and to leaders to the people of the state. The such other matters is the said list as the opinion in the state gradually tended to president may with the concurrence of reconcile to the constitution of the the government of the state specify. The Article, but at the time of the survey it article in no way affects the state’s was still opposed by as many as 57% of status as a unit of the Republic of India. the Hindu respondents. Finally when For Article-1 of the constitution which the Janata government at the centre of defines the territory of India was made which the erstwhile Jana Sangh which applicable to the state under Article-370 had spearheaded the campaign against and included its territory. the Article was a constituent part supported the continuation of the No provision of the Indian Article, the Hindu opposition to it constitution has been a subject of such became muted. heated controversy, within the state and International Journal of Academic Research ISSN: 2348-7666 Vol.1 Issue-3(1), September, 2014 In the past, provisions of the (5) Provisions with regard to Indian constitution and laws passed by citizenship, Fundamental rights and parliament relating to matters specified Directive principles of state policy, in the Instrument of accession were envisaged by the constitution of applied to the state in consultation with India would be uniformly applicable the state government and relating to to this state. And other matters with its concurrence. In (6) The operation of administrative fact original objective of Article-370 was control of the state armies would be stated to enable application of Indian taken over by the government of constitution to the state in the light of India. its constitution and the sphere of union jurisdiction over it determined by the When the constitution of India state constituent assembly that was to was promulgated on 26th January 1950, be setup. the president simultaneously issued an order under article-370 with the The Article incorporated the consultation of the government of decision taken at a meeting between the Jammu and Kashmir, which defined the representatives of the state government jurisdiction of the union parliament and and the government of India in May the provisions of the constitution 1949. The broad particulars agreed upon applicable to the state. While parts of the by the two sides stipulated the constitution relating to subjects like following:-- Defence, external Affairs, (1) The constitution of the state would Communications and Foreign trade were be framed by the constituent fully applied to the state, other subjects assembly representing all the people like commerce, Audit, Judiciary, election of the state. and Finance were applied with modifications. Provisions of the (2) The future of the dynastic rule constitution regarding Fundamental would be determined by state Rights and Directive Principles were constituent Assembly. specifically not applied to the state. (3) Division of powers between the The constituent Assembly of government of India and the state the state was setup under a government would be covered under proclamation issued by Karan Singh who the provisions of the instrument of was acting as the Regent after the accession.

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