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Kashmir is not disputed for India

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Published on 02 Feb 2018 / In People & Blogs

Now all Indians have a clear stand over Kashmir, that it's a dispute free part of India. But Porkis as always keep crying over Kashmir.

This article specifies that the states must concur in the application of laws, except those that pertain to Communications, Defence, Finance, and Foreign Affairs.

Similar protections for unique status exist in tribal areas of India including those in Himachal Pradesh, Arunachal Pradesh, Andaman & Nicobar Islands and Nagaland. However, it is only for the state of Jammu and Kashmir that the accession of the state to India is still a matter of dispute between India and Pakistan still on the agenda of the UN Security Council and where the Government of India vide 1974 Indira-Sheikh accord committed itself to keeping the relationship between the Union and Jammu and Kashmir State within the ambit of this article .[citation needed]

The 1974 Indira-Sheikh accord between Kashmiri politician Sheikh Abdullah and then Prime Minister Indira Gandhi stated, "The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India".

In notifications issued as far back as 1927 and 1932, the state created various categories of residents – with some being called permanent residents (PRs) with special rights. Though the law did not discriminate between female and male PRs, an administrative rule made it clear that women could remain PRs only till marriage. After that they had to seek a fresh right to remain PRs. And if a woman married someone who wasn’t a Kashmiri PR, she automatically lost her own PR status. A People's Democratic Party government, led by Mehbooba Mufti, passed a law to overturn the court judgment by introducing a Bill styled “Permanent Residents (Disqualification) Bill, 2004’. This was not Mufti’s solo effort. Omar Abdullah’s party, the National Conference, backed this Bill and got it passed in the assembly. But it did not ultimately see the light of day for various reasons.

Sheikh Mohammad Abdullah, the state's 'Prime Minister' and leader of the Muslims in the Valley, found the inclusion of Article 370 in the 'Temporary and Transitional Provisions' of the Constitution's Part XXI unsettling. He wanted 'iron clad guarantees of autonomy'. Suspecting that the state's special status might be lost, Abdullah advocated independence from India, causing New Delhi to dismiss his government in 1953, and place him under preventive detention.

Some argue that the President may, by public notification under article 370, declare that Article 370 shall cease to be operative and no recommendation of the Constituent Assembly is needed as it does not exist any longer. Others say it can be amended by an amendment Act under Article 368 of the Constitution and the amendment extended under Article 370. Art. 147 of the Constitution of Jammu and Kashmir states no Bill or amendment seeking to make any change in the provisions of the constitution of India as applicable in relation to the State; shall be introduced or moved in either house of the Legislature. As per Art. 5 of the Constitution of Jammu and Kashmir the executive and legislative power of the State extends to all matters except those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India as applicable in relation to this state.[citation needed]

Law Minister B. R. Ambedkar was asked to prepare a draft of the legislation in 1949. He refused, and it was later written by Ayyangar. Ambedkar was against Article 370 and it was included against his wishes. Balraj Madhok reportedly said, Dr. Ambedkar had clearly told Sheikh Abdullah, "You wish India should protect your borders, she should build roads in your area, she should supply you food grains, and Kashmir should get equal status as India. But Government of India should have only limited powers and Indian people should have no rights in Kashmir. To give consent to this proposal, would be a treacherous thing against the interests of India and I, as the Law Minister of India, will never do it." Then Abdullah went to Nehru, who directed him to N. Gopalaswami Ayyangar, who approached Sardar Patel asking him to do something as it was a matter of prestige for Nehru, who had promised Abdullah accordingly. Patel got it passed when Nehru was on a foreign tour. On the day this article came up for discussion, Dr. Ambedkar did not reply to questions on it though he did participate on other articles. All arguments were done by Gopalaswami Ayyangar

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