ACCESION OF JK : RATIFIED BY THE PEOPLE OF JK

27 Jan 2018 13:52:57

 


The creation of a Constituent Assembly to endorse the instrument of accession and prepare a Constitution for the State was not limited only to the State of Jammu & Kashmir. This practice was adopted also in Saurashtra States Union, Travancore-Cochin and Mysore. The objective was that these Constituent Assemblies will not only endorse the accession but also frame Constitution for the respective States. The Constitution for the State shall not be misunderstood as a document having superseding effect over the Indian Constitution. The State Constitution was meant only to provide for internal administration of the State. The, Constituent Assemblies in some of these States commenced the task of framing their internal State Constitution. However, since all States had sent their representatives in the Constituent Assembly to frame the Constitution of Bharat they though it would be convenient and appropriate for the Constituent Assembly formed at the Centre to draft the Constitution for the States as well. Therefore, Velloddi Committee was constituted to draft Constitution for States, which would be incorporated in the Indian Constitution and States would adopt resolutions adopting the recommendations of the Velloddi Committee. Accordingly, the Constituent Assemblies in States passed Resolutions and adopted the Indian Constitution to regulate their internal administration as well. This process never took place for the State of Jammu & Kashmir and, therefore, it has a separate Constitution. But separate Constitution does not mean that it has any special or autonomous status. In such argument contradicts the thinking of the makers of the Indian Constitution.

Therefore, the process of integration was same for all the States and the fact that there was a Constituent Assembly for the State of Jammu & Kashmir does not give any special status to the State.

 

The process of integration of princely States into the dominion of Bharat was never based on religion. It was based exclusively on the decision of the Rulers. Interestingly in the case of Jammu & Kashmir, it was not only the Ruler who wanted to join Bharat but the people of Jammu & Kashmir, irrespective of their religion, wanted to join Bharat.

 

This can be gauged from the proceedings of State Constituent Assembly. As it has been mentioned earlier that Pak army attacked the territory of the State in 1947, which had acceded to Bharat. It was an act of aggression and the same was raised in the UNSC. Bharat went to UNSC in 1948. People talks about various Commitments, wish of people and plebiscite about Jammu and Kashmir. One thing should have been very clear that Bharat never broke any commitment on Jammu and Kashmir. even if plebiscite is taken to be a commitment, this commitment was with people of Jammu Kashmir. No other party comes into it. It was in consonance with the policy of the Government of Bharat. Policies of Governments are matters which the governments alone can decide. However, it was to be effective when the soil was cleared of the invader and when peaceful conditions had been restored. The Commission had admitted that the whole of the territory comes under the sovereignty of Jammu and Kashmir. But UNSC was failed to perform its duty. Bharat waited right from l948 till about 1951, hoping that something would happen, but nothing happened. This unending hope for the justice was making conditions worse for the people of Jammu and Kashmir. The people of J&K were hung up and being denied the benefits of a democratic and social welfare state. Finally, Bharat conducted elections in the State of Jammu and Kashmir and Constituent Assembly came into existence. The newly constituted Constituent Assembly ratified the instrument of accession through a Resolution dated 6th February, 1954.

The same Constituent assembly adopted the Constitution of the State and manifested the feeling of the people of Jammu and Kashmir that they wanted to be the integral Part of Bharat. It has been declared in the preamble and Section 3 and 147.

The preamble declares clearly that Jammu and Kashmir iss an integral part of India.

THE CONSTITUTION OF JAMMU AND KASHMIR Preamble:-WE, THE PEOPLE OF THE STATE OF

JAMMU AND KASHMIR, having solemnly resolved, in pursuance of the accession of this State to India which took place on the twenty sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof, and to secure to ourselves

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and' worship;

EQUALITY of status and of opportunity; and to promote among us all ;

FRATERNITY assuring the dignity of the individual and the unity of the Nation; IN OUR CONSTITUENT ASSEMBLY this seventeenth day of November, 1956, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION

Further Jammu Kashmir's Constitution's Section 3 says that J&K is an integral part of India and section 147 says section can't be amended. (Sections given below)

Section -3. Relationship of the State with the Union of India

The State of Jammu and Kashmir is and shall be an integral part of Union of India.

Further Section 147 defines the process of amending the State Constitution and makes it clear that no bill can be brought to amend Section 3 which defines relationship between India and Jammu and Kashmir integral.

Section -147. Amendment of The Constitution

An amendment of this Constitution may be initiated only by the introduction of a bill for the purpose in the Legislative Assembly , and when the bill is passed in each House by the majority of not less two-thirds of the total membership of that house , it shall be presented to the Governor for his assent and, upon such assent being given to the bill, the Constitution shall stand amended in accordance with the terms of the bill:

Provided that a bill providing for the abolition of the Legislative Council may be introduced in the Legislative Assembly and passed it by a majority of the total membership of assembly and by a majority of not less than two-thirds of the members of the assembly present and voting :

Provided further that no bill or amendment seeking to make any change in-

  • this section; or
  • the provisions of sections 3 and 5; or
  • The provisions of the Constitution of India as applicable in relation to the State.

Shall be introduced or moved in either house of the Legislature

 

 

[This article is an extract from the book “Jammu Kashmir: A Process of Integration” authored by Sh. Avnesh. This is the last chapter covered in this series.]

 

 

 

 

 

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