Article 370

115 Pages·2005·0.61 MB·English

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A 370
RTICLE

MOHAN KRISHEN TENG

First Published 1990
• Published by Anmol Publications
4378/4B, Ansari Road,
Daryaganj, New Delhi 110002.
• Laser Typesetting by: Shiva Shakti Laser Printing Works
4379/4B, Ansari Road,
Daryaganj, New Delhi 110002.
• Offset by: Nav Parbhat Printing Press, Delhi

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TABLE OF CONTENTS

1.0 ABOUT THE AUTHOR....................................................................................................1
2.0 INTRODUCTION..............................................................................................................2
3.0 PREFACE.............................................................................................................................3
4.0 CHAPTER 1: INDIAN FEDERALISM........................................................................5
5.0 CHAPTER 2: INTEGRATION OF STATES............................................................14
6.0 CHAPTER 3: ARTICLE 370.......................................................................................29
7.0 CHAPTER 4: THE CONSTITUENT ASSEMBLY...................................................49
8.0 CHAPTER 5: FEDERAL JURISDICTION...............................................................80
9.0 CHAPTER 6: DIVISION OF POWERS...................................................................93
10.0 CHAPTER 7: STATE APART..............................................................................107

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TABLE OF CONTENTS

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KASHMIR ARTICLE 370 by Mohan Krishen Teng

1.0 ABOUT THE AUTHOR

Dr. M. K. Teng
Dr. M.K. Teng got his Ph.D. Degree from the University of Lucknow. Dr. Teng was
sometime Lecturer in Sri Pratap Government College, Srinagar. He has written profusely on
Government and Politics of India and political Development and Government in Kashmir. He
has written several books and Research Articles on Politics of Kashmir.
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2.0 INTRODUCTION
The present study is aimed to trace the process of federalization in India and the
inclusion of special provisions for the Jammu and Kashmir State embodied in
Article 370 of the Constitution of India. Since Jammu and Kashmir presents a
variant of the federal structure in which the Indian States were welded, the
present study is expected to provide a perspective for the future evolution of the
federal frames which the founding fathers of the Constitution of India constructed.
In recent years there has been insistent emphasis on the recognition of sub-national
diversities of India as components of the Indian federal system. The present study, which is
focussed on the analysis of the constitutional placement of Jammu and Kashmir in the
Indian federal structure, as a sub-national identity, reveals much and can serve as an
indicator for any reconsideration of the federal relations the Constitution of India embodies.

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3.0 PREFACE
The Indian federal organization evolved, partly as an expression o the quest for
Indian Unity, the struggle for freedom in India underlined and partly as a process
of the distribution of political authority among the constituents of the Indian
Dominion, which was brought into being with the termination of the British
Colonial rule in India. The overriding consideration, which determined the course
of federalization in India was the anxiety of the founding fathers of the Indian
Constitution to integrate the Indian Provinces and the Indian states into an
inseparable political unity and accomplish the Revolution of power to allocate an
independent sphere of authority to its constituents, Provinces as well as the
States.
The founding fathers did not recognize any subnational boundaries, which divided India, into
the denominations of the federal structure, they devised. The Provinces and the States,
were cultural, linguistic and religious pluralities, and their political boundaries did not
synchronize with any specific subnational gradients.
The one exception to this principle, adopted by the framers of the Indian constitution, was
the special position, the Jammu and Kashmir state was accorded. The Jammu and Kashmir
State was recognized as an autonomous identity, based upon the Muslim majority character
of its population. The State was not brought within the process of the integration of the
Indian princely States, which followed their accession to the Dominion of India. The
representatives of the Jammu and Kashmir State, participated in the deliberations of the
Constituent Assembly of India, but the National Conference which formed the Interim
Government in the State, favored the exclusion of the State from the constitutional
organization of India. Consequently special constitutional provisions were embodied in
Article 370 of the Constitution of India for the State. The state was reserved the right to
convene a separate Constituent Assembly was convened in 1951. In November 1956, it
completed the task of framing the Constitution of the State. The Constitution of the state
was brought in to force on 26 January 1957.
The Jammu and Kashmir state has ever been governed by two sets of constitutional
provisions, the first envisaged by the constitution of India state. The position of the state, in
the Indian constitutional organization has been determined by the constitution of India and
the instruments of the State Government have been devised by the constitution of the
state.
The present study is aimed to trace the process of federalization which led to the integration
of the Indian States into the Indian Union and the inclusion of special provisions for the
Jammu and Kashmir state. Since Jammu and Kashmir presents a variant of the federal
structure in which the Indian States were welded, the present study is expected to provide a
perspective for the future evolution of the federal frames which the founding fathers of the
Indian constitution constructed. In recent years, there has been an insistent emphasis on
the recognition of subnational diversities of India as components of the Indian federal
system. The present study, which is focussed on the analysis of the placement of Jammu
and Kashmir, as a subnational identity in the Indian federal system, reveals much and can
serve as an indicator for any reconsideration of the federal relations, between the center
and the states in India.
The author is indebted to the keepers of the Jammu and Kashmir State Archives Jammu,
keepers of the Sapru House Library, New Delhi, and the keepers of the Jawahar Lal Nehru
Memorial Museum, Library, New Delhi. The author is thankful to Dr. Sukhbir Chowdhry of
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the Indian Council of World Affairs, Sapru House, New Delhi, Shri T.C. Mor and Shri Surinder
M. Talwar, for their valuable help.
Mohan Krishen Teng

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