a historical survey of j & k

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Jammu & KashmirJammu & Kashmir

A ProfileA Profile

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Location

Strategically located Jammu andKashmir State constitutes thenorthern most extremity of India.

Situated between 32.17 degree and36.58 degree north latitude and37.26 degree and 80.30 degree eastlongitude, the total area of the Stateis 22,22,236 sq. kms including 78114sq kms under the illegal occupationof Pakistan and 42,685 sq kms underthat of China, of which Pakistanillegally handed over 5130 sq kms toChina. The State is bounded byPakistan, Afghanistan and Chinafrom the West to the East.

The State is well connected with rest of the country by air, rail and road . The Indian Airlines andprivate airlines operate regular flights to Srinagar, Jammu and Leh.

The National Highway 1-A connects the capital cities of Srinagar and Jammu with rest of thecountry. There are daily passenger trains connecting Jammu with most of the major cities of thecountry.

The State ranks 6th in area and 17th in population among the States and Union Territories of India.The State consists of 14 districts, 59 tehsils, 119 blocks, 3 municipalities, 54 towns and notifiedarea committee, 6477 inhabited villages and 281 uninhabited villages.

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It has fourgeographical zones of

1. Sub-mountain and semi-mountain plain known as kandi or dry belt,2. The Shivalak ranges,3. The high mountain zone constituting the Kashmir Valley, Pir Panchal range and its off-

shoots including Doda, Poonch and Rajouri districts and part of Kathua and Udhampurdistricts

4. The middle run of the Indus river comprising Leh and Kargil.

The State of Jammu and Kashmir is the northern most state of India comprising three distinctClimatic regions viz. Arctic cold desert areas of Ladakh, temperate Kashmir valley and sub-tropical region of Jammu.

There is a sharp rise of altitude from 1000 feet to 28250 feet above the sea level within States fourdegree of latitude.

The climate varies from tropical in Jammu plains to semi-arctic cold in Ladakh with Kashmir andJammu mountainous tracts having temperate climatic conditions. The annual rainfall also variesfrom region to region with 92.6 mm in Leh, 650.5 mm in Srinagar and 1115.9 mm in Jammu. Alarge part of the State forms part of the Himalayan mountains. The State is geologically constitutedof rocks varying from the oldest period of the earths history to the youngest present day river andlake deposits.

Flora & Fauna

The State is rich in flora and fauna. In Jammu, the floraranges from the thorn bush type of the arid plain to thetemperate and alpine flora of the higher altitudes. Of the

broad leaf trees there are maple, horse chest nuts, silverfir etc. At the higher altitudes there are birch,rhododendron, Berbers and a large number of herbalplants.

In the hilly regions of Doda, Udhampur, Poonch andRajouri there is a large and varied fauna includingleopard, cheetah and deer, wild sheep, bear, brownmusk shrew, musk rat. Varieties of snakes, bats, lizardsand frogs are also found in the region. The game birds inJammu include chakor, snow partridge, pheasants,peacock.

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Kashmirabounds in rich flora. The Valley which has beendescribed as the Paradise on Earth is full of many hues ofwood and game. The most magnificent of the Kashmir trees isthe Chinarfound throughout the valley. It grows to giant sizeand girth. The trees presents itself in various enchantingcolours through the cycle of the seasons among which itsautumnal look is breath-taking. Mountain ranges in the Valleyhave dense deodar, pine and fir. Walnut, willow, almond andcider also add to the rich flora of Kashmir.

The dense forests of Kashmir are a delight to the sport-loversand adventures for whom there are Ibex, Snow Leopard,Musk deer, wolf, Markhor, Red bear, Black bear and Leopard.The winged game include ducks, goose, partridge, chakor,pheasant, wagtails, herons, water pigeons, warblers, anddoves.In otherwise arid desert of Ladakh some 240 species oflocal and migratory birds have been identified including black-necked crane.

The Ladakh fauna includes yak, Himalayan Ibex, Tibetan antelope, snow leopard, wild ass, redbear and gazelle.

Important Facts : Jammu & Kashmir

CAPITAL: Summer(May-October)- Srinagar Winters(Novemenber-April)- Jammu

LANGUAGES : Urdu, Kashmiri, Hindi, Dogri, Pahari, Ladakhi,

POPULATION: 77,18,700

POPULATION GROWTH RATE 29%

SEX RATIO :923 (Females per 1000 males)

AREA : 2,22,236 Sq Kms.

POPULATION DENSITY : 34 (persons per sq. km)

POPULATION BELOW POVERTY LINE:(1987-88) 13.9%

URBANISATION RATIO 23.83(All India average: 25.7)

PERCENTAGE OF WORK FORCE IN POPULATION : 44.3 %

MAIN WORKERS TO TOTAL POPULATION :30.37 %

(All India Average 33.45 %)

AGRICULTURE WORKERS/TOTAL POPULATION :49 %

(All India Average 24.94 %)

TOTAL REPORTED AREA 24.16 Lakh Hectares

NET SOWN AREA 30%

AVERAGE SIZE OF LAND HOLDING 0.83 Hectares

NET IRRIGATED AREA/ NET SOWN AREA 42%

IRRIGATION INTENSITY 144%

GROSS CROPPED AREA 10.73 Lakh Hectares

CROPPING INTENSITY 146%

AREA UNDER HIGH YIELDING VARIETIES : 9.19 Lakh Hectares

FOOD GRAIN PRODUCTION 14.55 lakh MTs

LIVE STOCK POPULATION (1992)87.07 lakhs

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TOTAL NUMBER OF BANK BRANCHES(March,1997) : 950

AVERAGE POPULATION PER BANK BRANCH: 8000

(National Average: 15000)

TOTAL BANK DEPOSITS (March,1997) : Rs. 5326.85 Crores

OUTSTANDING ADVANCES : Rs. 1540.12 Crores

Post Offices (1993-94) 1,583

Telegraph offices (1993-94) 424

A major portion of J&K State consists of the western Himalayas, which besides many loftymountain ranges with varying heights of 3000 to 6000 metres and above, also abound in rivers,lakes, passes, glaciers, plateaus and plains. The number of streams, brooks, hill torrents andrivers is also fairly large. The most important rivers are the Indus, Chenab, Jehlum and Ravi.

POPULATIONThe projected population (1995) of the State, excluding the illegally occupied areas by Pakistanand China, is 76.77 lakhs.The State with its summer and winter capitals at Srinagar and Jammu,respectively, is divided into 14 districts.

In population, the State is one of the smallest in the country and accounts for less than onepercent of the people enumerated in 1981. Population showed sluggish growth in the first sixdecades of the present century and the decadal growth rate ranged from 5.75 to 10.42 during1901 to 1961. The latest two decades have, however, shown growth of 29.65%and 29.69%, whichreflects considerable fall in death rate without any substantial fall in birth rate in the postindependence years.

GROWTH OF POPULATION

The State has registered a net addition of 13.71 lakh persons raising the population from46.16 lakhs in 1971 to 59.87 lakhs in 1981. The state population contributes less than onepercent of the countrys population. Nevertheless, the rate of growth observed during thelast two decades at 29.65 % and 29.69% has been substantially higher than the national

growth rates of 24.80 % and 25% respectively. Thus, the decadal growth rate ofpopulation in the state that was around 10% in the proceeding three decades has almosttrebled in the last two decades. The annual growth rate of 2.97% during 1971 81 is thehighest the state has ever experienced.

RURAL AND URBAN POPULATION

As against one third in Maharashtra and West Bengal and one fourth in Karantaka, onlyone fifth of the population in J&K resides in urban areas. 23.83 % population has beenrecorded as urban in the state against the National Average of 25.72%. Jammu city hasrecorded very rapid growth and presently ranks as the 48th bigest city in the country.Besides the cities of Jammu and Srinagar, other important towns are the districtheadquarters of Anantnag, Pulwama,Budgam, Baramulla, Kupwara, Udhampur,

Kathua,Rajouri ,Poonch ,Doda, Leh and Kargil.. The remaining towns continue to havemany rural features and pursuits reflecting the states predominant Agro-pastoraleconomy.

HUMAN RESOURCES DEVELOPMENT

Against the All India Level of 36.23 % as per 1981 census, the rate of literacy for the Stateis indicated as 26.67% with 45.56% for urban areas and 212.63% in the rural areas,36.29% among males and 15.88% only among females. District Jammu with 42.86% tops

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the literacy level with male literacy at 52.60% and female literacy at 32.24%. A specialemphasis is being laid on development of human resources in the State. There are morethan 15000 schools with an enrolment of about 1.5 million. Similarly, there are 32 collegeswith an enrolment of about 0.40 lakhs. For higher studies, there are now three universitiesone in Jammu and others in Kashmir. The total number of students in general education at

the university stage is about 0.4 lakhs which includes 14083 females. The number hasgone up six fold since 1950-51 when it was 2669 only. The professional Institutionsinclude

o two Engineering Colleges in Srinagar and Jammu,

o four Polytechnics

o 37 Industrial Training Institutes

with an enrolment of about 4000. There is one Medical Institute, four Medical Colleges,100 Hospitals, 343 Primary Health Centers and 3326 Medical Sub Centers with total bedstrength of more than 10,000 in the State. The availability of human resources includesabout

o 23000 graduates and post graduates

o 4500 Degree/Diploma Engineers

o about 12000 ITI trained personnel, and other skilled personnel.

J & K : A Historical Perspective

History

Accession

The Story Behind

History

Jammu and Kashmir came into being as a single political and geographical entity following theTreaty of Amristar between the British Government and Gulab singh signed on March 16, 1846.The Treaty handed over the control of the Kashmir State to the Dogra ruler of Jammu who hadearlier annexed Ladakh. Thus a new State comprising three distinct religions of Jammu, Kashmirand Ladakh was formed with Maharaja Gulab Singh as its founder ruler. The feudal dispensationin the State, however, was too harsh for the people to live under and towards the end of ahundred years of this rule when their Indian brethren were fighting for independence from theBritish under the inspiring leadership of Mahatma Gandhi and Pandit Jawahar Lal Nehru, the

Kashmiris led by a towering personality, the Sher-I-Kashmir Sheikh Mohammad Abdullah, roseagainst the autocracy. The autocratic rule came down heavily on the peoples freedom movement.However, the people laid their lives in the cause of freedom and to uphold the ideals ofsecularism, equality, democracy and brotherhood.

The high point of the movement was July 13, 1931 when 22 protesters were martyred. The eventstrengthened the movement and contrary to the expectations of the then rulers, the peopledemerged more determined in their resolution to seek an end to autocratic rule. By the time therulers could realise the futility of breaking the will of the people with the might of the State, the

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National Conference, headed by Sheikh Mohammad Abdullah, had become a mass movementand a force to reckon with. It broke the barriers of region and religion and became a popular andsecular voice of the people of the State whose collective yearning was freedom from autocracyand the establishment of a popular rule. The peoples movement spearheaded by the NationalConference saw several ups and downs with its leaders particularly the Sher-I-Kashmir suffering

vissitudes and long internment.

Accession

Jammu and Kashmir was one of about 565 princely States of India on which the Britishparamountcy lapsed at the stroke of midnight on August 15, 1947. While the power wastransferred to the people in British India, the rulers of the princely States were given an option to

join either of the two Dominions India or Pakistan.

The Government of India Act 1935, as adopted in the Indian Independence Act, 1947, provided,"An Indian State shall be deemed to have acceded to the Dominion if the Governor General hassignified the acceptance of an Instrument of Accession executed by the rule thereof." India,Pakistan and even Britain were party to these provisions. So the choice of joining either of theDominions was left to the Rulers of the States concerned. Moreover, in the Indian IndependenceAct, 1947, there was no provision for any conditional accession.

Kashmir Hamara Hai "historical speech of Sheikh MohammdAbdulla

in presence of Pandit Nehru in Lal Chowk. The Ruler of Jammu and Kashmir, MaharajaHari Singh did not exercise the option immediately and instead offered a proposal of Standstill

Agreement to both the Dominion, pending final decision on States accession. On August 12,1947, the Prime Minister of Jammu and Kashmir sent identical communications to theGovernment of India and Pakistan which read, "Jammu and Kashmir Government would welcomeStandstill Agreement with Union of India/Pakistan on all matters on which there existsarrangements with the outgoing British India Government." Pakistan accepted the offer and sent acommunication to J&K Prime Minster on August 15, 1947. It read, "The Government of Pakistanagrees to have Standstill Agreement with Jammu and Kashmir for the continuation of existingarrangements ". India did not agree to the offer and advised the Maharaja to send hisauthorized representative to Delhi for discussion on the offer.

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The Story Behind

Pakistan, though entered into Standstill Agreement, had an eye on Jammu and Kashmir. Evenbefore the lapse of the British paramountcy on J&K, Mr.Mohammed Ali Jinnah, author of two-nation theory, had plans to grab the Paradise on Earth. He had once boastfully declared that"Kashmir is blank cheque in my pocket." The Pakistans designs on Kashmir could be well judged

from the comments appearing on August 24, 1947 issue of its semi-official daily Dawn, " thetime has come to tell the Maharaja of Kashmir that he must make his choice and choosePakistan. Should Kashmir fail to join Pakistan the gravest possible trouble will inevitably ensue."In his bid to woo Sher-I-Kashmir Sheikh Mohammed Abdullah, the undisputed leader of Kashmir,Mr.Jinnah visited Srinagar a couple of times, but failed to achieve his objective. Even hisarrogance and browbeating tactic did not pay him.

The Maharaja was already facing a formidable challenge from the people who had launched theQuit Kashmir movement under the leadership of Sher-I-Kashmir Sheikh Mohammad Abdullahagainst the autocratic rule. Quit Kashmir movement ran parallel to the national movement withSheikh Mohammad Abdullah having close association with the leaders of the national movementagainst British rule. The national leaders like Mahatma Gandhi and Pandit Nehru too espousedthe cause of the people of Kashmir seeking political freedom from autocratic rule. To deal with the

peoples upsurge, Maharaja had even detained Sheikh Abdullah on May 20, 1946 forspearheading Quit-Kashmir movement. Faced with new alarming situation arising out ofrepeated violations of the Standstill Agreement by Pakistan and blocking of Pindi-Srinagar road,the Maharaja set him free on September 29, 1947. Sher-I-Kashmir, as he was fondly called by thepeople for his unmatched courage, deputed his close aide Kh.G.M.Sadiq to Pakistan to tell Pakleaders about the sentiments of the people who can not be taken for granted and coerced to jointhem. This plain speaking did not desist Pak for her designs.

While addressing a mammoth public meeting at Hazuri Bagh, Srinagar on October 1, 1947, Sher-I-Kashmir had made things about the future of the state obvious when he said, "Till the last dropof my blood, I will not believe in two-nation theory." It was yet another rebuff to Mr.Jinnah.Findingtheir designs on Kashmir not fructifying, Pakistan rulers launched an armed attack on Jammu andKashmir to annex it. Tribals in thousands alongwith Pak regular troops entered the State on

October 22, 1947 from several points and indulged in bloodshed and mayhem. The bewilderedpeople of the estate were not expecting an attack from Pakistan especially in view of the StandstillAgreement.

Bowing before the wishes of the people as reflected by Muslim dominated National Conferenceand to push back the invaders, the Maharaja signed the Instrument of Accession in favour of Indiaon October 26, 1947 on the prescribed terms and conditions. This was accepted by the GovernorGeneral of India, Lord Mountbattan next day. The Instrument of Accession executed by MaharajaHari Singh was the same which was signed by other rulers of the princely States. Similarly, theacceptance of the Instrument of Accession by the Governor General was also identical in respectof all such instruments. He was to write, "I do hereby accept the Instrument of Accession." It couldnot be conditional as mere acceptance by the Governor General was complete and final.

With J&K becoming legal and constitutional part of Union of India, the troops were rushed to thestate to push back the invaders and vacate aggression from the territory of the state. The firstbatch of Indian Army troops arrived at Srinagar airport immediately after the Accession wassigned. On October 30, 1947 an Emergency Government was formed in the State with SheikhMohammad Abdullah as its head. The Army fought sustained battle with the tribals and afterseveral sacrifices pushed them out of the Valley and other areas in the Jammu region.

Meanwhile, the people of Kashmir under the towering leadership of Sher-I-Kashmir weremobilised and they resisted the marching columns of the enemy. Till the arrival of the troops, it

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were mainly the Muslim volunteers under the command of Sheikh Mohammad Abdullah whobraved death to push back invaders. Lt.General P.C.Sen who as Brigadier functioned asCommander of 161 Infantry Brigade in Srinagar during 1947-48, wrote in his book, Slander wasthe Thread, "These volunteers moved across the mountains and forests with speed and gaveaccurate information the army about enemys strength, location and movements". While the army

pushed back the invaders, there are several instances where people put up a gallant resistanceand stopped the advance of the invaders. The most glaring examples of peoples resistance wasthe martyrdom of Mohammad Maqbool Sherwani and Master Abdul Aziz.

Shaheed Sherwani, a staunch follower of Sher-I-Kashmir, did not oblige the invaders when theyenquired from him the route to Srinagar. Instead, he put them on a wrong track gaining time fortroops to come. Somehow the tribesmen came to know about his tactics and nailed him at aBaramulla crossing and asked him to raise pro-Pakistan slogans. He did raise slogans but thesewere different. These were pro-Hindu Muslim amity and in favour of Sher-I-Kashmir. Engaged bythis, the ruthless tribesmen emptied their guns on him.

The sacrifice of Master Abdul Aziz too was exemplary. The invaders who raped the nuns andwanted other non-Muslim women to handed over to them, Master Abdul Aziz, a tailor by

profession, held the holy Quran in his hand and said that they can touch the women only over hisdead body and the holy Quran. The brutal killers did not spare him.

On January 1, 1948 India took up the issue of Pak aggression in Jammu and Kashmir in UNOunder Article 35 of its charter. The Government of India in its letter to the Security Council said,"Such a situation now exists between India and Pakistan owing to the aid which invaders,consisting of nationals of Pakistan and tribesmen are drawing from Pakistan for operationsagainst Jammu and Kashmir, a State which has acceded to the Dominion of India and is part ofIndia. The Government of India requests the Security Council to call upon Pakistan to put an endimmediately to the giving of such assistance which is an act of aggression against India. IfPakistan does not do so, the Government of India may be compelled, in self defence, to enter intoPakistan territory to take military action against the invaders." After long debates, cease-fire cameinto operation on the midnight of January 1, 1949. Presence of Pak regular troops in the Valley

was attested even by UNCIP documents (UNCIP first report).

At the time of cease-fire, Pakistan was holding 78114 sq.Kms illegally and this aggression on thatterritory continues even today. On March 5, 1948, the Maharaja announced the formation of aninterim popular Government with Sheikh Mohammad Abdullah as the Prime Minister.Subsequently, the Maharaja signed a proclamation making Yuvraj Karan Singh as the Regent.

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Pandit Shyam Lal Saraf, an old worker and known leaderof the National Conference, Supplies Minister During one of the debates in UN Security Council on

February 5, 1948, Sher-I-Kashmir, said "aggression and not the accession is the issue." TheSecurity council, however, passed a resolution on plebiscite in Jammu and Kashmir subject tocertain conditions. The resolution had three parts, one relating to cease-fire while the second, themost important and relevant, was a truce agreement which provided the mechanism for plebiscite.As per the agreement, Pakistan Government agreed to withdraw its troops from the State andundertake to secure the withdrawal of its tribesmen and nationals who had invaded the State. Theterritory thus evacuated by the Pakistani troops would be administered by local authorities under

the surveillance of UN Commission for India and Pakistan.

The second part of this agreement related to the obligation of Government of India which wouldhave come into force after Pakistan had fulfilled its obligation in part A of the agreement andthereby terminated the situation which occasioned the presence of Indian troops. On beingnotified that Pakistan had withdrawn its forces, the Government of India would begin withdrawal ofbulk of its forces in stages but she will maintain the minimum strength of its forces necessary forlaw and order with the Commission stationing its observers.

The third part related to reaffirmation of both the countries to determine the wish of the people.

Pakistan, knowing well the fate of such plebiscite at that time did not take any step to fulfil itsobligations under the agreement and continued to hold the territory of the State illegally and

forcefully even today. The issue plebiscite was linked with the condition of withdrawal of Pakistaniforces and tribesmen from the occupied territory of the state which it never fulfilled, making theresolution absolutely irrelevant. On the other hand, J&K after attaining political freedom, marchedahead to strengthen democratic structure. Moreover, the truce agreement on plebiscite wassuperseded by the Shimla Agreement between India and Pakistan signed on July 3, 1972 itself,the two countries undertook to resolve all differences bilaterally and peacefully. Pakistan, throughits commitments enshrined in this Agreement, accepted the need to once and for all shift theKashmir question from the UN to the bilateral plane.

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The first important speech of Pandit Nehru in Lal Chowk."India will never let down Kashmir" and the Indian army

will fight on till the last raider is driven out. In 1951, the State Constituent Assembly waselected by the people. The Assembly met for the first time in Srinagar on October 31, 1951. Closeon the heels of this, the Delhi Agreement was signed between the two Prime Ministers of Indiaand Jammu and Kashmir giving special position to the State under the Indian Constitutionalframework. The Constituent Assembly elected the Yuvraj as the Sadar-I-Riyasat on November 15,1952, thus bringing to end the 106 year old hereditary rule in Jammu and Kashmir. The StateConstituent Assembly ratified the accession of the State to the Union of India on February 6, 1954and the President of India subsequently issued the Constitution (Application to J&K) Order underArticle 370 of the Indian Constitution extending the Union Constitution to the State with someexceptions and modifications. The States own Constitution came into force on January 26, 1957under which the elections to the State Legislative Assembly were held for the first time on thebasis of adult franchise the same year. This Constitution ratified the States accession to Union ofIndia. Section 3 of the Constitution makes this historic fact a reality. This section 3 of theConstitution says, "The Sate of Jammu and Kashmir is and shall be an integral part of the Unionof India." The Section 4 of the Constitution defined the territories which on the fifteenth day fAugust, 1947, were under the sovereignty of suzerainty of the Ruler of the State." Since theneight assembly elections have been held in the state besides Lok Sabha elections where thepeople exercised their franchise freely.

While the people of the state continue to march ahead for socio-economic emancipation as perthe Naya Kashmir charter for better quality of life, Pakistan continued with her plans to grabKashmir through force. Pakistan waged two wars in 1965 and 1971 to annex Kashmir but thepeople gave her befitting reply and repulsed her attacks with the help of army like they did in1947-48. Failing to match Indias military power, it launched a low intensity war through militancyin 1990 which took a toll of 20,000 human lives besides destroying private and public property.

Constitution of J&K Assembly

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Proclamation of May 1, 1951 on J&K Constituent AssemblyMembers of National Level Constituent AssemblyMembers of J&K Constituent AssemblySpeech of Sheikh Mohammed Abdullah on 5 Nov., 1951

Proclamation of May 1, 1951 on J&K Constituent Assembly

Whereas it is general desire of the people of the State of Jammu and Kashmir that a ConstituentAssembly should be brought into being for the purpose of framing a constitution for the State;Whereas it is commonly felt that the convening of the Assembly can no longer be delayed withoutdetriment to the future well-being of the State. And whereas the terms of the proclamation of theMaharaja dated 5 March, 1948 in regard to the convening of a national assembly as contained inclauses 4 to 6 of the operative part thereof do not meet the requirements of the present situation;

1, Yuvraj Karan Singh, do hereby direct as follows :

i.A Constituent Assembly consisting of representatives of the people, elected on the basis ofadult franchise, shall be constituted forthwith for the purpose of framing a constitution for theState of Jammu and Kashmir;ii.For the purposes of the said elections the State shall be divided into a number of territorialconstituencies, each containing a population of 40,000 or as near thereto as possible, andeach electing one member. A delimitation committee shall be set up by the Government tomake recommendations as to the number of constituencies and the limits of eachconstituency;iii.Elections to the Constituent Assembly shall be on the basis of adult franchise, that is to say,every person who is a State subject of any class, as defined in the notification No, is not

less than twenty-one years of age on the first day of March, has been a resident in theconstituency for such period as many be prescribed by the rules, shall be entitled to registerin the electoral rolls of that constituency, provided that any person who is of unsound mind orhas been so declared by a competent court, shall be disqualified for registration;iv.The vote at the election shall be by direct and secret ballot ;v.The Constituent Assembly shall have power to act notwithstanding any vacancy of themembership thereof ;vi.The Constituent Assembly shall frame its own agenda and make rules for the governing ofits procedure and the conduct of its business.

The Government shall make such rules and issue such instructions and orders as may benecessary to give effect to the terms of this proclamation.

Members of National Level Constituent Assembly

1. Sheikh Mohammad Abdullah.

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2. Mirza Mohammad Afzal Beg.

3. Maulana Mohammad Syed Masudi.

4. Moti Ram Baigra.

Members of J&K Constituent Assembly

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S.No. Members Constituency

1. Maulana Mohammad Sayeed Masudi Amira Kadal

2. Sheikh Mohammed Abdullah Hazratbal

3. Bakshi Ghulam Mohammed Safa Kadal

4 Mirza Mohammed Afzal Beg Anantnag

5 Girdhari Lal Dogra Jasmergarh

6 Sham Lal Saraf Habba Kadal

7 Abdul Aziz Shawl Rajouri

8 Abdul Gani Trali Rajpora

9 Abdul Gani Goni Bhalesa

10 Syed Abdul Qadus Biruwa

11 Bakshi Abdul Rashid Charar-i-Sharief

12 Abdul Kabir Khan Bandipora (Gurez)

13 Abdul Khaliq Saniwara

14 Syed Allaudin Gilani Handwara

15 Assad Ullah Mir Ramban

16 Bhagat Ram Lander Tikri

17 Bhagat Chhajju Ram Ranbirsinghpora

18 Sardar Chela Singh Chhamb

19 Chuni Lal Kotwal Bhaderwah

20 Durga Prashad Dhar Kulgam

21 Ghulam Ahmad Mir Dachinpara

22 Master Ghulam Ahmed Haveli

23 Ghulam Ahmad Dev Doda

24 Pirzada Ghulam Gilani Pampore

25 Ghulam Hassan Khan Narwah

26 Ghulam Hassan Bhat Nandi

27 Ghulam Hassan Malik Devasar

28 Pir Ghulam Mohammad Masoodi Tral

29 Ghulam Mohammad Sadiq Tankipora

30 Mirza Ghulam Mohammad Beg Naubag Brang Valley

31 Ghulam Mohammad Butt Pattan

32 Ghulam Mohi-ud-Din Khan Khansahib

33 Ghulam Mohi-ud-Din Hamdani Khanyar34 Mirwaiz Ghulam Nabi Hamdani Zaddibal

35 Ghulam Nabi Wani Darihgam

36 Ghulam Nabi Wani Lolab

37 Ghulam Qadir Bhat Kangan

38 Ghulam Qadir Masala Drugmulla

39 Ghulam Rasool Sheikh Shopian

40 Ghulam Rasool Kar Hamal

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Article 370 of the Constitution of India{ 370. Temporary provisions with respect of the State of Jammu and Kashmir }

1. Notwithstanding anything in this Constitution:

a.the provisions of article 238 shall not apply in relation to the State of Jammu andKashmir,b.the power of Parliament to make laws for the said State shall be limited to;

i. those matters in the Union List and the Concurrent List which, inconsultation with the Government of the State, are declared by thePresident to correspond to matters specified in the Instrument ofAccession governing the accession of the State to the Dominion of Indiaas the matters with respect to which the Dominion Legislature may makelaws for that State; and

ii. such other matters in the said Lists, as, with the concurrence of the

Government of the State, the President may by order specify.

ExplanationFor the purpose of this article, the Government of the Statemeans the person for the time being recognised by the President as theMaharaja of Jammu and Kashmir acting on the advice of the Council ofMinisters for the time being in office under the Maharajas Proclamationdated the fifth day of March, 1948;

c.he provisions of article 1 and of this article shall apply in relation to this State;d.such of the other provisions of this Constitution shall apply in relation to that Statesubject to such exceptions and modifications as the President may by order specify

i.Provided that no such order which relates to the matters specified in theInstrument of Accession of the State referred to in paragraph (i) of sub-clause(b) shall be issued except in consultation with the Government of the State:ii.Provided further that no such order which relates to matters other thanthose referred to in the last preceding proviso shall be issued except with theconcurrence of the Government.

2. If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in second proviso to sub-clause (d) of that clause be givenbefore the Constituent Assembly for the purpose of framing the Constitution of the Stateis convened, it shall be placed before such Assembly for such decision as it may takethereon.

3. Notwithstanding anything in the foregoing provisions of the article, the President may, bypublic notification, declare that this article shall cease to be operative or shall beoperative only with such exceptions and modifications and from such date as he maynotify:Provided that the recommendation of the Constituent Assembly of the State referred to inclause (2) shall be necessary before the President issues such a notification.

4. In exercise of the powers conferred by this article the President, on the recommendation

of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as fromthe 17th day of November, 1952, the said art. 370 shall be operative with the modificationthat for the explanation in cl.(1) thereof the following Explanation is substituted namely:

ExplanationFor the purpose of this Article, the Government of the State means theperson for the time being recognised by the President on the recommendation of theLegislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir, actingon the advice of Council of Ministers of the State for the time being in office.

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Major Events

1947-1963

1964-1974

1975-1990

1991-1997

Major Events( 1947-1963 )

1947

August

12 - Maharajas Government offered Standstill Agreement to India and Pakistan.14 - India partitioned and a new theocratic State of Pakistan created.15 - At the stroke of the midnight hour India attained freedom. Pakistan accepted offer ofstandstill agreement.

September

16
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9 - The most popular leader of Jammu and Kashmir, Sher-i- Kashmir, Sheikh MohammadAbdullah released from prison; Pakistans violations of Standstill Agreement assu- meddangerous proportion; Pindi-Srinagar road blocked.

October

1 - Sheikh Mohammad Abdullah declared at a public meeting at Hazuri Bagh, Srinagar: "Till thelast drop of my blood I will not believe in the two nation theory" as propounded by MohammadAli Jinnah.15 - Justice Mehar Chand Mahajan took over as the Prime Minister of Jammu and Kashmir.18 - Maharajas Government, through a telegram to Pakistan Prime Minister, protested againstthe violation of Standstill Agreement by Pakistan.22 - Armed tribesmen, supported by Pakistani troops, entered the State territory at severalpoints.23 - Muzaffrabad fell to the raiders.24 - Tribal invaders advanced towards Baramulla and Srinagar; State Forces Chief, BrigadierRajinder Singh killed; the only Power station at Mohra destroyed by the raiders, plunging theValley into darkness; Maharaja sent his Deputy Prime Minister to Delhi with letters seekingmilitary assistance.

25 - Sheikh Mohammad Abdullah flew to Delhi; V.P. Menon arrived in Srinagar from Delhi fortalks with the Maharaja.26 - Maharaja Hari Singh signed Instrument of Accession to India27 - Governor General Lord Mountbatten accepted the Instrument of Accession; the first batchof Indian troops, Ist Sikh Regiment, landed at Srinagar Airport.30 - Maharaja Hari Singh appointed Sheikh Mohammad Abdullah as the Head of theEmergency Administration.

November

1 - Brig. Ghansara Singh, Governor of Gilgit held prisoner by Pak troops.2 - K.H .Khurshid, Mr Jinnahs private secretary arrestedwith vital documents in Kashmir.3 - Pattan and Gulmarg freed from the raiders occupation.7 - Big battle around the Srinagar Aerodrome; raiders fled away after 12 hours battle of

Shallateng leaving behind 300 dead.8 - Baramulla liberated.14 - Invaders pushed beyond Uri.21 Prime Minister, Pt. Jawahar Lal Nehru said that Indiawas convinced that the J&KGovernment reflected the will of the people.

December

1 - Maharaja Hari Singh inaugurated Jammu Radio Station.16 - Heavy fighting took place near Uri, 321 raiders killed.22 - Pt. Nehru wrote to Pakistan Prime Minister against said or assistance to raiders.

1948

January

1 - India approached Security Council for preventing Pakistan from participating or assistinginvasion on State.17 - Security Council passed resolution asking India andPakistan not to aggravate situation.20 - The Security Council set up a three member commission to investigate facts and exercisemediatory influence.

February

3 - Pakistani raiders pushed back in Samba and Kathua.

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March

5 - Maharaja announced Interim Government with Sheikh Mohammad Abdullah as PrimeMinister.21 - First jeep motored to Tragbal in Gurez.

23 - Indian troops entered Titwal.June

1 - Government Transport Undertaking, the First Public Sector Undertaking, was born.July

1 - Radio Kashmir, Srinagar inaugurated; Gurez liberated.4 - Brigadier Usman killed while fighting the Pakistani raiders and troops at Jhangar area ofRajouri district.11 - Tribal attack on Leh repulsed.13 UNCIP through a resolution urges cease- fire and total withdrawal of Pakistani troops.

November

I - Indian troops crossed 11578 feet high Zojila with tanks.2 - Jammu and Kashmir University established.8 - Bimber Gali liberated.9 - Ramgarh Fort in Rajouri captured.15 - Drass liberated.20 - Link established with Poonch.23 - Kargil and Mendhar liberated.

1949

January

1 Cease-fire took effect from last midnight.

5 UNCIP passed resolution on holding of plebiscite with certain conditions including vacation ofaggression on a part of J&K by Pakistan.April

28 Maharaja Hari Singh left Jammu for Delhi.June

16 - Sheikh Mohammad Abdullah, Maulana Masoodi, Mirza Afzal Beg and Moti Ram Baigratook seats in Union Constituent Assembly at Delhi.20 - Maharaja Hari signed proclamation at Delhi making Yuvraj Karan Singh as the Regent.27 - Indo-Pak cease-fire agreement signed at Karachi.

October

17 - Article 370 of the Union Constitution adopted.1950

1950

July

13 - Revolutionary Land Reforms adopted; Proprietary rights of 10,000 absenting land-lordstransferred to tillers.

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October

27 - National Conference General Council recommended convening of State ConstituentAssembly.

1951

May

1 Proclamation directing formation of State Constituent Assembly issued.October

15 - National Conference won all the 75 Constituent Assembly seats.31 - Constituent Assembly Session began in Srinagar with Maulana Masoodi in chair.

1952

March

10 D P Dhar, Piara Singh, Mubarak Shah and G.M. Hamdani sworn in as Deputy Ministers.May

5 First regular budget for 1952-53 presented to Constituent- cum-Legislative Assembly showinga deficit of Rs 141.75 lakhs.

July

24 Prime Minister Nehru announced special position for J&K under Delhi Agreement;Parliament told Kashmirs accession to India is complete in law and in fact.28 Sheikh Mohammad Abdullah declared at Lal Chowk that Kashmir is part and parcel of India.

August

19 Constituent Assembly approved the Delhi Agreement.

November

15 106 year old hereditary rule abolished. Constituent Assembly elected Yuvraj Karan Singh asSadar-i-Riyasat.17 Karan Singh took over as Sadar-i- Riyasat.

1953

June

22 Jana Sangh leader, Dr Shayma Prasad Mukherjee passed away in Srinagar.August

9 Sadar-i-Riyasat, Yuvraj Karan Singh dismissed the State Government; Sheikh MohammadAbdullah arrested; Bakshi Ghulam Mohammad sworn-in as Prime Minister.

1954

February

6 Constituent Assembly ratified accession of the State to India.May

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14 Constitution (Application to J&K) Order issued by the President under article 370 extendingUnion Constitution to the State with exceptions and modifications.17 Srinagar linked with Delhi by teleprinter.

December

31 Public Service Recruitment Board established.1955

January

5 Work on Banihal tunnel began.October

22 S.P. College, Srinagar celebrated golden jubilee.December

10 Soviet leaders Bulganan and Kruschev arrived in Srinagar and declared that Kashmir

question as one of states of India has been settled by people of Kashmir.1956

March

16 Chinas Chou En Lai said that the people of Kashmir have already expressed their willregarding accession to India.

April

1 J&K first Five Year Plan of Rs 1151.71 lakhs launched.May

1 Rs 10 lakh Tourist Reception Centre, Srinagar thrown open.

25 India asserted claim on Chitral as part of J&K.July

14 Geological Survey of India opened office in Srinagar.October

19 The Government decided to set up Medical College in Srinagar.November

17 State Constituent Assembly adopted Constitution, interalia, declaring State as inseparablepart of India.20 Former British Prime Minister Attlee says " Kashmir has definitely opted for Union with

India."December

22 Vice President, Dr Radha Krishanan declared open the Jawahar tunnel.

1957

January

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26 State Constitution came into force.June

1 A.A.A. Faizi took over as the first full time Vice Chancellor, J&K University.July

26 New Bakshi Ministry sworn-in.September

2 State Public Service Commission set up in place of Recruitment Board.1958

January

8 Sheikh Mohammad Abdullah released from Kud Jail.April

29 Sheikh Mohammad Abdullah re-arrested.May

1 Comptroller and Auditor General of Indias jurisdiction extended to J&K.June

19 Sheikh Mohammad Abdullah, Mirza Afzal Beg and twenty others charged with conspiracyagainst State.

October

24 J&K Academy of Art, Culture and Languages established.1959

January

26 J&K High Court brought at par with other High Courts in India.April

1 Permit system for entry into the State abolished.1960

February

1 J&K Minerals Limited established.March

28 Jammu and Srinagar Airports handed over by the State Government to Union Civil Aviationauthorities.

July

20 Excavations at the Neolithic site of Barzahama started.September

23 Regional Engineering College opened in Srinagar.

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November

2 Union Election Commission for the first time conducted an Assembly bye-election in Zadibalconstituency.5 New Civil Secretariat building at Jammu inaugurated.

December

28 G.M. Sadiq announced return of his Democratic National Conference to ruling NationalConference.

1961

March

16 Prime Minister, Pt. Jawahar Lal Nehru and President Ayub Khan of Pakistan held talks onKashmir in London.

April

1 The IInd Five Year Plan of Rs 3120.20 lacs launched; Census Report released; shows Statepopulation as 5,60,976.26 Maharaja Hari Singh passed away in Bombay at the age of 64.

May

18 The Centre asked to execute Salal Hydro Electric Project.1962

January

24 Sheikh Mohammad Abdullah and other co-accused in Kashmir conspiracy case committedto Sessions Court.

February

18 National Conference won 38 Assembly seats uncontested;April

27 Soviet delegates to Security Council said "Question of Kashmir as integral part of India hasbeen decided by the people of Kashmir."

May

26 Ladakh went to polls.October

20 China launched attack in Ladakh.

26 National emergency declared.November

21 China declared unilateral cease-fire after occupying 14500 sq. miles in Ladakh.1963

February

First cement factory commissioned at Wuyan Kashmir.

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March

2 Pakistan illegally transferred 2200 sq. miles of State territory, under its illegal control, to Chinaunder boundary agreement.25 Land Commission set up in the State.

May

23 Foundation stone of States first Thermal Project at Kalakote laid.October

4 Prime Minister, Bakshi Ghulam Mohammad resigned under Kamraj Plan.12 Shamas-ud- Din sworn in as Prime Minister.

November

4 Bakshi Ghulam Mohammad appointed as Chairman State Planning Board.December

27 Holy Relic of Prophet Mohammad (PBUH) reported missing from Hazratbal Shrine resultingin mass upsurge throughout the Valley.

Paksitani Raiders and Accession

*Now"Governor"(Ministry of Law Order C.O. 44, dated the 15th November, 1952.)

Sher-I-Kashmir on Raider & Accession

Invaders struck us like lightening. They scorched our land, ruined our homes, destroyed anddevastated hundreds of villages and despoiled the honour of women. Busy towns likeMuzaffarabad, Uri, Baramulla and Pattan centres of our trade on the highway to our Capital, areonly heaps of smoking rubble with nothing left. They are traitors of Islam.

November 19,1947

Accession to the Indian Union would be advantageous to the State both for political andeconomic reasons. Economically Kashmir depends for its market much more on India thanPakistan. Politically India was a much more progressive State than Pakistan and Kashmir wouldhave greater scope for free development according to its own genius if she was allied to India.

October 27, 1948

The raiders abducted women. They massacred children. They looted everything and everyone.They converted mosques into brothels and today every Kashmiri loathes the invading tribesmenand their arch inspirers, who have been responsible for such horrors in land, which is peopledwith an overwhelming majority of Musalmans.

November 16, 1947

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These raiders who had come to our land abducted thousands of our girls and looted our property.All of a sudden Pakistan comes to the Bar of the world as the champion of the liberty of thepeople of Kashmir. The world has got rid of Hitlers and Gobbles, but from what has happenedand is happening in my country, I am convinced that their souls have transmigrated to Pakistan.

Security Council, February 6, 1948

We would prove before the Security Council that Kashmir and the people of Kashmir havelawfully and Constitutionally acceded to the Dominion of India and Pakistan has no right toquestion that accession.

February 5, 1948

We have decided to work with and die for India. We made our decision not in October last, but in1944, when we resisted the advances of Mr Jinnah. Our refusal was categorical. Eversince, theNational Conference had attempted to keep the State clear of the pernicious two-nation theorywhile fighting the worlds worst autocracy (Pakistan).

Press Conference in New Delhi, Statesman, March 7, 1948

Pakistan has no right to demand plebiscite in Kashmir after committing aggression on her. By heraction Pakistan has permanently branded herself as the aggressor and we can have no truck withher. We have made our choice and linked our destiny with India and nothing can separate usnow.

Public meeting, Srinagar(Hindustan Times) May 26, 1948

Kashmir will ever be with India, whatever sacrifices we shall have to make. We are all Indians andIndia is our Homeland.

May 29, 1948

We the people of Jammu and Kashmir have thrown our lot with the Indian people not in the heatof passion or a moment of despair, but by our deliberate choice. The union of our people hasbeen fused by the community of ideals and common suffering in the cause of freedom. India ispledged to the principle of Secular Democracy and we are also in pursuit of the same objective.

Press Interview, National Herald, June 19,1948

We have burnt all our boats. There is no place in Kashmir for a theocratic State. Kashmir willnever make a plaything of Indias honour.

Press Conference in New Delhi, September 29,1948

India and Pakistan represented two different and opposite ideologies. It was upto us to choosebetween the two. I and my colleagues in the Working Committee were convinced that Kashmirspolitical, economical, material and cultural advancement depended upon close political link upwith India and India alone.At special convention of the Representatives of J&K,

Hindu, Oct 14,1948

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The pledge I gave to Mr Nehru last year that Kashmir will be a part of India, has now become aneternal bond. We can never forget the help rendered by Indian Army and the people of India at atime of great crisis in the history of our State. Indian troops have even provided the local peoplerations to save them from starvation. It was after fully knowing Indias attitude for over a year thatthe decision for permanent accession was taken- a decision which would affect the entirepopulation of the State for generations to come. Our decision to accede to India is based on thefact that our programme and policy are akin to those followed by India.

Id gathering at Srinagar: October 16, 1948

Recently during the Srinagar convention Kashmir reiterated its faith in accession to India. Needthe National Conference and the people of Kashmir give any further proof of their firmness for thedeal they had chosen for themselves.

Press Conference at Srinagar, May 18,1949 Since Pakistan rejected our friendly offer to decidethe question of accession of the State by the free will of the people, it has no right now to demanda plebiscite after we drive out the raiders.

News Chronicle, May 26, 1949

The Pakistani Mujahids treatment of unarmed people of Kashmir, is an indelible blot on the fairname of Islam. It is condemnable for the atrocities were perpetrated and carried out in the nameof Islam and for its glory.

November 5, 1949

We want to link the destiny of Kashmir with India not because Pt. Nehru is my personal friend, butbecause we feel that India and Kashmir is one and the same. While every attempt in India isbeing made to eschew communalism (the very foundation of Pakistan was communalism) therecan, therefore, be no question of Kashmir even thinking of having any relationship with Pakistan.

Speech at GM College, Srinagar, Tribune, December 4, 1949

Pakistans clamour for a free and impartial plebiscite, while her troops continue to occupy almosthalf the territory of the State, was characteristically Hitlerite tactics.

Madras meeting, February 12, 1950

In view of what I have said before, it is absurd to say that Kashmir still thinks any other alternativeso far as the question of accession is concerned. What we want is peace and prosperity for ourpeople. Independence may be and is a charming idea. But as I have said before, is it practicaltoo? Has it got necessary sanctions and guarantees and can a small country like Kashmir with itslimited resources maintain it ? Or are the countries concerned in a proper political temper at thepresent moment, to give their willing assent to it. By only a formal declaration of independence

shall we not be making Kashmir a victim of some unscrupulous and powerful country? That willbe a gruesome betrayal of the cause we have stood for all these years and therefore, these andsimilar other considerations, make the alternative of Independence- not only theoretical andacademic but also meaningless. In that sense and spirit I have number of times before discussedthe question with several journalists. It is in this context that these views should be read andunderstood.

Press statement, May 1950

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If the Muslims of Kashmir could resist aggression from Pakistan, when they had no friends, whyshould anybody in India expect a change in the minds of Kashmiri people when India has helpedthem against this aggression for these two years with men, money and moral support and whenhundreds of comrades from all parts of India have given their all-out help to us and given theirlives on the soil of Kashmir and cemented the bonds between Kashmir and India. Nobody shouldthink that human beings are so ungrateful. We shall always be with India and never withPakistan.

Speech on IInd anniversary of Radio Kashmir, May 2, 1950

The ties binding Kashmir to India were not only legalistic, but were born out of the free will of theKashmiris who found India true image of their ideals and aspirations. This bond of unity betweenIndia and Kashmir, this kinship of heart and soul... between the two great people, can never bebroken. Speech at Teetwal, May 24, 1950

People of Kashmir had made a decision of their own choice to throw in their lot with the people ofIndia in furtherance of their common ideals. This abiding kinship could not subsist merely onterritorial links or commercial considerations, but on unswerving faith in the ideal for which wehere and the millions of people in India have struggled for over three decades. Our relationship is

not that of a master and a slave, but it is a free and voluntary association of partners in the jointstock, which bestows common and equal advantages on both.

Martyrs day Srinagar, Hindustan Standard, 15 July 1952

No plebiscite is possible without the sovereignty of the legally constituted Government of Jammuand Kashmir being collectively extended over the entire territory of the State, disbandonment ofthe so called Azad Kashmir Forces, and withdrawal of Pakistan troops and nationals.

We would not have achieved so much in Kashmir if assistance from the people of India had notcome so freely and ungrudgingly. We were tremendously fortified in a just stand by thespontaneous help in men and material given to us by the Government of India. I cannot imaginewhat would have happened if the Indian Army had not arrived in time. The people of Kashmir and

the gallant Indian Army fought against the savage hordes not for territorial gain, but for thepreservation of the way of life for which the great Father of Nation made the supreme sacrifice.

Wardha Press Conference,May 4, 1964

The Delhi Agreement, 1952

After the Constituent Assembly of the State had taken important decisions referred to immediatelyabove, it was deemed necessary to receive the concurrence of the Indian Government.Accordingly, the representatives of Kashmir Government conferred with the representatives ofIndian Government and arrived at an agreement. This arrangement was later on known as the"Delhi Agreement, 1952". The main features of this agreement were:

i. in view of the uniform and consistent stand taken up by the Jammu and Kashmir

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Constituent Assembly that sovereignty in all matters other than those specified in theInstrument of Accession continues to reside in the State, the Government of India agreedthat, while the residuary powers of legislature vested in the Centre in respect of all statesother than Jammu and Kashmir, in the case of the latter they vested in the State itself;

ii. it was agreed between the two Governments that in accordance with Article 5 of the

Indian Constitution, persons who have their domicile in Jammu and Kashmir shall beregarded as citizens of India, but the State legislature was given power to make laws forconferring special rights and privileges on the state subjects in view of the State SubjectNotifications of 1927 and 1932: the State legislature was also empowered to make lawsfor the State Subjects who had gone to Pakistan on account of the communaldisturbances of 1947, in the event of their return to Kashmir;

iii. as the President of India commands the same respect in the State as he does in otherUnits of India, Articles 52 to 62 of the Constitution relating to him should be applicable tothe State. It was further agreed that the power to grant reprieves, pardons and remissionof sentences etc; would also vest in the President of India'

iv. the Union Government agreed that the State should have its own flag in addition to theUnion flag, but it was agreed by the State Government that the State flag would not be arival of the Union flag; it was also recognised that the Union flag should have the same

status and position in Jammu and Kashmir as in the rest of India, but for historicalreasons connected with the freedom struggle in the State, the need for continuance ofthe State flag was recognised

v. there was complete agreement with regard to the position of the Sadar-i-Riyasat; thoughthe Sadar-i-Riyasat was to be elected by the State Legislature, he had to be recognisedby the President of India before his installation as such; in other Indian States the Headof the State was appointed by the President and was as such his nominee but the personto be appointed as the Head, had to be a person acceptable to the Government of thatState; no person who is not acceptable to the State Government can be thrust on theState as the Head. The difference in the case of Kashmir lies only in the fact that Sadar-i-Riyasat will in the first place be elected by the State legislature itself instead of being anominee of the Government and the President of India. With regard to the powers andfunctions of the Sadar-i-Riyasat the following argument was mutually agreed upon

a. the Head of the State shall be a person recognised by the President of theUnion on the recommendations of the Legislature of the State;b. he shall hold office during the pleasure of the President;c. he may, by writing under his hand addressed to the President, resign his office;

d. subject to the foregoing provisions, the Head of the State shall hold office for aterm of five years from the date he enters upon his office;e. provided that he shall, notwithstanding the expiration of his term, continue tohold the office until his successor enters upon his office"

ii. with regard to the fundamental rights, some basic principles agreed between the partieswere enunciated; it was accepted that the people of the State were to have fundamentalrights. But in the view of the peculiar position in which the State was placed, the wholechapter relating to Fundamental Rights of the Indian Constitution could not be made

applicable to the State, the question which remained to be determined was whether thechapter on fundamental rights should form a part of the State Constitution of theConstitution of India as applicable to the State;

iii. with regard to the jurisdiction of the Supreme Court of India, it was accepted that for thetime being, owing to the existence of the Board of Judicial Advisers in the State, whichwas the highest judicial authority in the State, the Supreme Court should have onlyappellate jurisdiction;

iv. .there was a great deal of discussion with regard to the "Emergency Powers"; theGovernment of India insisted on the application of Article 352, empowering the President

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to proclaim a general emergency in the State; the State Government argued that in theexercise of its powers over defence (Item 1 on the Union List), in the event of war orexternal aggression, the Government of India would have full authority to take steps andproclaim emergency but the State delegation was, however, averse to the Presidentexercising the power to proclaim a general emergency on account of internal disturbance.

In order to meet the viewpoint of the States delegation, the Government of India agreed to themodification of Article 352 in its application to Kashmir by the addition of the following words:

"but in regard to internal disturbance at the request or with the concurrence of the Government ofthe State."

At the end of clause (1)

Both the parties agreed that the application of Article 356, dealing with suspension of the StateConstitution and 360, dealing with financial emergency, was not necessary.

The facts analysed above make it clear that the State of Jammu and Kashmir enjoys a specialposition in the Union of India, and this position of the State has been permitted by Article 2 of theConstitution itself. " In arriving at this arrangement", declared Sheikh Mohammad Abdullah, thethen Prime Minister of Jammu and Kashmir, "the main consideration before our Government wasto secure a position for the State which would be consistent with the requirements of maximumautonomy for the local organs of the State power which are the ultimate source of authority in theState while discharging obligations as a Unit of the federation".

The Jammu and Kashmir Constituent Assembly discussed this arrangement and finally adopted amotion of approach on August 21, 1952.

The agreement was discussed in the Union Parliament on August 7, 1952 and accepted.

But inspite of all these discussions and decisions in the Kashmir Constituent Assembly, the

implementation of the agreement was not forthcoming. This aroused suspicion in the minds of thepublic about the intentions of the leaders of the Government. In the working committee of theNational Conference there was sharp criticism of the Governments policy. There was a seriousrift in the Cabinet itself. The difference of opinion reached a peak when Sheikh Abdullah, insteadof implementing the agreement, started advocating secession, which would make Kashmir anindependent State. The people of the State were quick to perceive the danger of such a coursefor they had seen that the tribal attack in 1947 which had caused much devastation was a directconsequence of Kashmirs isolated position. There were inflammatory rumours that United Stateswas backing the Kashmirs independence". Sheikh Abdullah was accused both by his colleaguesin the Cabinet and by the public outside of trying to create a State for himself. In fact, threemembers of the Cabinet submitted a memorandum to Sheikh Abdullah accusing him of variouscharges. It soon became obvious that the capacity of the Administration to function efficiently wasdoubtful. The whole matter was spotlighted

when the Sadar-i-Riyasat, who, taking cognisance of the situation, on August 8, 1953, dismissedSheikh Abdullah from the post of Prime Minister of Kashmir and dissolved the Cabinet.

Wrote Sadar-i Riyasat, to Sheikh Abdullah:

"This conflict within the Cabinet has for a considerable time been causing great confusion and

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apprehension in the minds of the people of the State.... . I have been forced to the conclusionthat the present Cabinet cannot continue in office any longer and hence I regret to inform you thatI have dissolved the Council of Ministers headed by you."

The relevant portion of the order of dismissal read:

"I, Karan Singh, Sadar-i-Riyasat, functioning in the interests of the people of the State, who havereposed the responsibility and authority of the Headship of the State in me, do here dismissSheikh Mohammad Abdullah, from the Prime Ministership of the State of Jammu and Kashmir,and consequently the council of Ministers headed by him is dissolved forthwith."

On the same day in order to "avoid a political and administrative vacuum", the Sadar-i-Riyasatinvited Bakshi Ghulam Mohammed, the erstwhile Deputy Prime Minister, to form the new Cabinet.

On 9th August, 1953, Sheikh Abdullah was arrested at "Gulmarg", a health resort about twenty-eight miles from Srinagar valley, under the State Preventive Detention Act. He was released fouryears later in 1958 but was shortly re-arrested on a charge of "Conspiracy to overthrow theGovernment". His followers and well wishers including the then Revenue Minister were arrestedwith him. A case against him and a few others was tried in the Court of Special Magistrate inJammu.

A lot of confusion arose on account of Sheikh Abdullahs dismissal, since there had not been anyNo Confidence motion in the Kashmir Assembly. It is true that a Chief Minister is not generallydismissed, if he enjoys the confidence of the House, but it has also to be accepted that the headof the State is obliged to ensure the continuance of a stable government and if he has reasonablegrounds to believe that the Chief Minister has lost the confidence of the people, or if he isengaged intreasonable activities he must replace him. At the time when Sheikh Abdullah wasdismissed and arrested, the Assembly was not in session, so a No Confidence motion could nothave been discussed. But it was important that the new ministry should have a vote of confidencefrom the Assembly in the first session. Accordingly, the Sadar-i-Riyasat wrote to Bakshi GhulamMohammad when inviting him to form the new Cabinet, "the continuance in office of the newCabinet will depend upon its securing a vote of confidence from the Legislative Assembly duringits coming session." The State legislature met on October 5,1953, and passed a unanimous voteof confidence in the new Cabinet.

The National Confernece had earlier approved the change of Government. A Convention of about400 delegates from the National Conference throughout the State met in Srinagar fromSeptember 13-15, 1953 and approved the change of Government as inevitable in the interest ofthe country and the national movement, and expressed complete confidence in the newgovernment, promising their fullest co-operation.

In spite of this some friends of Sheikh Abdullah kept on criticising the new Government. MissSarabhai criticised the Government of India for its indifference to the events in Kashmir. Thepresent writer submits that since the internal autonomy of the State had been recognised,therefore, the Government of India could not interfere. Moreover, since the Article 256 of theIndian Constitution, which empowers the Union Government to issue directions to the StateGovernment for the running of the administration in the State was not applicable to Kashmir, theGovernment of India could not intervene in the matter. "This was an internal matter and we didnot wish to interfere" replied Mr. Nehru to a question in the Lok Sabha.

In Pakistan, however, the events in Kashmir provoked a wave of indignation. There wereaccusations against India of having overthrown Sheikh Abdullah, "until then a quisling in the

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opinion of the Pakistanis but who, now, through a twist of history not without its" comical aspectshad become a martyr in the struggle of Kashmiris. But this propaganda in Pakistan was met withsharp criticism in Kashmir. In the September Convention of the National Conference the membersopposed association with the ruling clique of Pakistan and regretted their behaviour.

Bakshi Ghulam Mohammad immediately upon taking the oath of office, went before themicrophone to make a policy statement. In his statement he bitterly deplored the idea of anindependent Kashmir under the patronage of the United States of America, which he said "wouldbe a threat to the freedom and independence of Indian and Pakistani people. He praised Indiawith which Kashmir had entered into "indissoluble links".

With his coming into power, the formulation of Constitutional relations between Kashmir and Indiaentered a new phase. The work of the Constituent Assembly started afresh with renewed phase.The work of the Constituent Assembly started afresh with renewed vigour. Advisory Committeeon Fundamental Rights and Citizenship and "Basic Principles Committee" were set up on 20thOctober, 1953.

The Assembly met on February 6th, 1954, and adopted the reports of the "Basic Principles

Committee on Fundamental Rights," thereby fulfilling one of the major tasks with which it hadbeen charged.

The Drafting Committee presented its report on February 12th, 1954, and the report wasadopted on February 15th, 1954. The adoption of this report embodied the ratification of theStates Accession to India.

Tashkent Declaration

January 10, 1966

The Prime Minister of India and the President of Pakistan, having met at Tashkent and havingdiscussed the existing relations between India and Pakistan hereby declare their firm resolve torestore normal and peaceful relations between their countries and to promote understanding andfriendly relations between their peoples. They consider the attainment of these objectives of vitalimportance for the welfare of the 600 million people of India and Pakistan.

i. The Prime Minister of India and the President of Pakistan agree that both sides will exertall efforts to create good neighbourly relations between India and Pakistan in accordancewith the United Nations Charter. They reaffirm their obligation under the Charter not tohave recourse to force and to settle their disputes through peaceful means. Theyconsidered that the interests of peace in their region and particularly in the Indo-Pakistansub-continent and, indeed, the interests of the people of India and Pakistan were notserved by the continuance of tension between the two countries. It was against thisbackground that Jammu and Kashmir was discussed, and each of the sides set forth itsrespective position.

ii. The Prime Minister of India and the President of Pakistan have agreed that all armedpersonnel of the two countries shall be withdrawn not later than 25 February, 1966 to thepositions they held prior to 5 August, 1965, and both sides shall observe the cease-fireterms on the cease-fire line.

iii. The Prime Minister of India and the President of Pakistan have agreed that relationsbetween India and Pakistan shall be based on the principle of non-interference in theinternal affairs of each other.

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iv. The Prime Minister of India and the President of Pakistan have agreed that both sides willdiscourage any propaganda directed against the other country and will encouragepropaganda which promotes the development of friendly relations between the twocountries.

v. The Prime Minister of India and the President of Pakistan have agreed that HighCommissioner of India to Pakistan and the High Commissioner of Pakistan to India willreturn to their posts and that the normal functioning of diplomatic missions of bothcountries will be restored. Both Governments shall observe the Vienna Convention of1961 on Diplomatic Intercourse.

vi. The Prime Minister of India and the President of Pakistan have agreed to considermeasures towards the restoration of economic and trade relations, communications aswell as cultural exchanges between India and Pakistan, and to take measures toimplement the existing agreements between India and Pakistan.

vii. The Prime Minister of India and the President of Pakistan have agreed that they will giveinstructions to their respective authorities to carry out the repatriation of the prisoners ofwar.

viii. The Prime Minister of India and the President of Pakistan have agreed that the two sideswill continue the discussions of questions relating to the problems of refugees andevictions/illegal immigrations. They also agreed that both sides will create conditionswhich will prevent the exodus of people. They further agree to discuss the return of the

property and assets taken over by either side in connection with the conflict.ix. The Prime Minister of India and the President of Pakistan have agreed that the two sides

will continue meetings both at highest and at other levels matters of direct concern toboth countries. Both sides have recognised the need to set up joint Indian-Pakistanibodies which will report to their Governments in order to decide what further steps shouldbe taken. The Prime Minister of India and the President of Pakistan record their feelings,deep appreciation and gratitude to the leaders of the Soviet Union, the SovietGovernment and personally to the Chairman of the Council of Ministers of the USSR fortheir constructive, friendly and noble part in bringing about the present meeting which hasresulted in mutually satisfactory results. They also express to the Government andfriendly people of Uzbekistan their sincere thankfulness for their overwhelming receptionand generous hospitality. They invite the Chairman of the Council of Ministers of theUSSR to witness this declaration

Prime Minister of India President of Pakistan

Lal Bahadur Shastri Mohammad Ayub Khan

Tashkent, 10 January 1966.

Shimla Agreement

July 3, 1972

The Government of India and the Government of Pakistan are resolved that the twocountries put an end to the conflict and confrontation that have hitherto marred theirrelations and work for the promotion of a friendly and harmonious relationship and theestablishment of durable peace in the sub-continent, so that both countries mayhenceforth devote their resources and energies to the pressing task of advancing thewelfare of their people.

In order to achieve this objective, the Government of India and the Government of

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Pakistan have agreed as follows :-

i. That the principles and purposes of the Charter of the United Nations shall governthe relations between the two countries.

ii. That the two countries are resolved to settle their deferences by peaceful means

through bilateral negotiations or by any other peaceful means mutually agreedupon between them. Pending the final settlement of any of the problems betweenthe two countries, neither side shall unilaterally alter the situation and both shallprevent the organisation, assistance or encouragement of any acts detrimental tothe maintenance of peaceful and harmonious relations.

iii. That the pre-requisite for reconciliation, good neighbourliness and durable peacebetween them is a commitment by both the countries to peaceful co-existence,respect for each others territorial integrity and sovereignty and non-interference ineach others internal affairs, on the basis of equality and mutual benefit.

iv. That the basic issues and causes of conflict which have bedevilled the relationsbetween the two countries for the last 25 years shall be resolved by peacefulmeans ;

v. That they shall always respect each others national unity, territorial integrity,

political independence and sovereign equality ;vi. That in accordance with the Charter of the United Nations, they will refrain from

the threat or use of force against the territorial integrity or political independence ofeach other.

Both Governments will take all steps within their power to prevent hostile propagandadirected against each other. Both countries will encourage the dissemination of suchinformation as would promote the development of friendly relations between them.

In order to progressively to restore and normalise relations between the two countries stepby step, it was agreed that :

i. Steps shall be taken to resume communications, postal, telegraphic, sea, land

including border, posts and air links including over-flights.ii. Appropriate steps shall be taken promote travel facilities for the nationals of the

other country.iii. Trade and co-operation in economic and other agreed fields will be resumed as far

as possible.iv. Exchange in the fields of science and culture will be promoted.

In this connection delegations from the two countries will meet from time to time to workout the necessary details.

In order to initiate the process of the establishment of durable peace, both theGovernments agree that :

i. Indian and Pakistani forces shall be withdrawn to their side of the internationalborder.

ii. In Jammu and Kashmir, the line of control resulting from the cease-fire ofDecember 17, 1971, shall be respected by both sides without prejudice to therecognised position of either side. Neither side shall seek to alter it unilaterally,irrespective of mutual differences and legal interpretations. Both sides furtherundertake to refrain from the threat or the use of force in violation of this line.

iii. The withdrawals shall commence upon entry into force of this agreement and shall

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be completed within a period of 30 days thereof.

This agreement will be subject to ratification by both countries in accordance with theirrespective constitutional procedure and will come into force with effect from the date onwhich the instruments of ratification are exchanged.

Both Governments agree that their respective heads will meet again at a mutuallyconvenient time in the future and that in the meanwhile the representatives of the twosides will meet to discuss further the modalities and arrangements for the establishment ofdurable peace and normalisation of relations, including the questions of repatriation ofprisoners of war and civilian interness, a final settlement of Jammu and Kashmir and theresumption of diplomatic relations.

Sheikh-Indira Accord 1975, Agreed Conclusions

1. The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in itsrelation with the Union, continue to be governed by Article 370 of the Constitution of India.

2. The residuary powers of legislation shall remain with the State; however, Parliament willcontinue to have power to make laws relating to the prevention of activities directed towardsdisclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringingabout cession of a part of the territory of India or secession of a part of the territory of India fromthe Union or causing insult to the Indian National Flag, the Indian National Anthem and theConstitution.

3. Where any provision of the Constitution of India had been applied to the State of Jammu andKashmir with adaptation and modification, such adaptations and modifications can be altered orrepealed by an order of the President under Article 370, each individual proposal in this behalfbeing considered on its merits ; but provisions of the Constitution of India already applied to theState of Jammu and Kashmir without adaptation or modification are unalterable.

4. With a view to assuring freedom to the State of Jammu and Kashmir to have its own legislationon matters like welfare measures, cultural matters, social security, personal law and procedurallaws, in a manner suited to the special conditions in the State, it is agreed that the StateGovernment can review the laws made by Parliament or extended to the State after 1953 on anymatter relatable to the Concurrent List and may decide which of them, in its opinion, needsamendment or repeal. Thereafter, appropriate steps may be taken under Article 254 of theConstitution of India. The grant of Presidents assent to such legislation would be sympatheticallyconsidered. The same approach would be adopted in regard to laws to be made by Parliament infuture under the Proviso to clause 2 of the Article. The State Government shall be consultedregarding the application of any such law to the State and the views of the State Governmentshall receive the fullest consideration.

5. As an arrangement reciprocal to what has been provided under Article 368, a suitablemodification of that Article as applied to State should be made by Presidential order to the effectthat no law made by the Legislature of the State of Jammu and Kashmir, seeking to make anychange in or in the effect of any provision of Constitution of the State of Jammu and Kashmirrelating to any of the under mentioned matters, shall take effect unless the Bill, having beenreserved for the consideration of the President, receives his assent ; the matters are: -

a. the appointment, powers, functions, duties, privileges and immunities of the Governor,and

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b. the following matters relating to Elections namely, the superintendence, direction andcontrol of Elections by the Election Commission of India, eligibility for inclusion in theelectoral rolls without discrimination, adult suffrage and composition of the LegislativeCouncil, being matters specified in sections 138,139, 140 and 50 of the Constitution of theState of Jammu and Kashmir.

6. No agreement was possible on the question of nomenclature of the Governor and the ChiefMinister and the matter is therefore remitted to the Principals.

Mirza Mohammad Afzal Beg G. ParthasarthiNew Delhi, November 13,1974.

Sheikh Mohammad Abdullah's Speech inUN Security Council (February 1948)

Aggression, not accession, is the issue

I have heard with patience, attention and respect the statements made by the representative ofPakistan and members of the Security council, as well as the statements made on various

occasions by the members of my own delegation. The Security Council will concede that I amprobably the one man most concerned in the dispute because I happen to come from that landwhich has become the bone of contention between the two Dominions of India and Pakistan.

I have been quoted profusely on either side, and rightly so, because I have had the fortune-or,should I say, misfortune of leading my countrymen to freedom from 1931 onwards. In this task, Ihave suffered a great deal. I have been imprisoned not once or twice, but seven times, and thelast imprisonment carried with it an aggregate sentence of nine years.

There are many troubles in Kashmir. I have heard patiently to the debate in the Security Council,but I feel that I am rather confused. After all, what is the point in dispute? The point in dispute isnot that the sovereignty of the Prince is in question, as the representative of Pakistan statedyesterday. After all, I have suffered the punishment of being sentenced to nine years

imprisonment for saying what the representative of Pakistan said with regard to the Treaty ofKashmir of 1846. I am glad that he said in the Security Council, where he is immune from anypunishment. Therefore, I am not disputing that point and that it is not the subject of the disputebefore the Security Council.

The subject of the dispute before the Security Council is not the mal-administration of the PrincelyState of Kashmir. In order to set right that mal-administration, I think I have suffered the most, andtoday, when for the first time, I heard the representative of Pakistan supporting my case, it gaveme great pleasure.

After all, what is the dispute between India and Pakistan? From what I have learned from thecomplaint brought before the Security Council by my own delegation, the dispute revolves aroundthe fact that Kashmir acceded legally and constitutionally to the Dominion of India. There was

some trouble about the demarcation of the Kashmir administration within the State, and thetribesmen from across the border have poured into my country. They have been helped and arebeing helped by the Pakistan Government, with the result that there is the possibility of a greaterconflagration between India and Pakistan. India sought the help of Security Council so thatPakistan might be requested to desist from helping the tribesmen, and to desist from supportingthe inside revolt, should I say, against the lawful authority.

I should have understood the position of the representative of Pakistan if he had come boldlybefore the Security Council and maintained: "Yes, we do support the tribesmen; we do support the

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rebels inside the State because we feel that Kashmir belongs to Pakistan and not to India, andbecause we feel that the accession of Kashmir to India was fraudulent." Then we might havediscussed the validity of the accession of the State of Kashmir to India. But that was not theposition taken by the representative of Pakistan. He completely denied that any support wasbeing given by the Government of Pakistan to either the tribesmen or those who are in revolt

within the State against the constituted authority.

How am I to convince the Security Council that the denial is absolutely untrue? I am sitting beforethe Security Council at a distance of thousands of miles from my country. I have fought manybattles, along with my own men, on the borders of Jammu and Kashmir. I have seen with my owneyes the support given by the Pakistan Government, not only in supplying buses but in providingarms, ammunition, direction and control of the tribesmen and I have even seen the Pakistan Armyforces from across the border.

The denial has come so flatly that it becomes very difficult for me to disprove it here before theSecurity Council, unless the Security Council accedes to our request to send a commission to thespot and to find out first whether the allegations brought before the Security Council with regard tothe aid given by the Government of Pakistan are correct or incorrect. If they are incorrect, the

case falls; if they are correct, then the Security Council should take the necessary steps to advisethe Government of Pakistan to desist from such support.

But then, this simple issue has been confused. On the one hand, the Pakistan Government says,"We are not a party to the trouble within the State. The trouble within the State exists because thepeople are fighting against the mal-administration of the Jammu and Kashmir Government." Yes,we are fighting, we have been fighting against the mal-administration of that State since 1931. Wehave been demanding democratisation of the Government there. But how is it that today Pakistanhas become the champion of our liberty? I know very well that in 1946, when I raised the cry "QuitKashmir," the leader of the Pakistan Government, who is the Governor-General now, Mr.Mohammed Ali Jinnah, opposed my Government, declaring that this movement was a movementof a few renegades and that Muslims as such had nothing to do with the movement.

The Muslim Conference, which has been talked about so much, opposed my movement anddeclared its loyalty to the Prince. The representative of Pakistan now says that Sheikh Abdullah,once the supporter of "Quit Kashmir", has joined hands with the Maharaja of Kashmir, and that inone of my public speeches I declared that I wanted the Maharaja to be the Maharaja of Jammuand Kashmir-not the Maharaja of Jammu only, but the Maharaja of entire State.

I should like to correct the misreporting of my speech. I did deliver that speech in Jammu, which isthe winter capital of our country, but

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