Legal Status Of Jammu And Kashmir

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Legal Status of Jammu and Kashmir

Author : Dr. Shabir Choudhry
Publisher : AuthorHouse
ISBN 13 : 1728356008
Total Pages : 218 pages
Book Rating : 4.7/5 (283 download)

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Book Synopsis Legal Status of Jammu and Kashmir by : Dr. Shabir Choudhry

Download or read book Legal Status of Jammu and Kashmir written by Dr. Shabir Choudhry and published by AuthorHouse. This book was released on 2020-08-16 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even after 73 years of division of the British India, still there is confusion and controversy on legal status of the former Princely State of Jammu and Kashmir. In light of legal documents, I have endeavoured to establish the exact legal position of Jammu and Kashmir. Apart from that the UN Security Council Resolutions on Jammu and Kashmir dispute are analysed; and why they could not be implemented. Which country refused to implement them or created hurdles. After the Simla Agreement and the Lahore Declaration, can these Resolutions play any role in resolution of the dispute. Also, I have analysed Article 370 and 35A of the Indian constitution, and how India disregarded the pledges made to the people of Jammu and Kashmir; and unilaterally changed the status of Jammu and Kashmir. In addition, I have analysed the role of Pakistan, and how they betrayed people of Jammu and Kashmir to satisfy their imperial agenda. Furthermore, how Pakistan is promoting extremism, terrorism, intolerance and religious hatred in Jammu and Kashmir; and how it is hurting people of Jammu and Kashmir on both sides of the divide. Besides that, I have analysed the impact of these changes on the people of Jammu and Kashmir, and how they have responded. What people of Jammu and Kashmir should do when they are forcibly divided, and when their motherland is under control of three nuclear countries, namely India, Pakistan and China.

Historical Title, Self-Determination and the Kashmir Question

Author : Fozia Nazir Lone
Publisher : BRILL
ISBN 13 : 9004359990
Total Pages : 500 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Historical Title, Self-Determination and the Kashmir Question by : Fozia Nazir Lone

Download or read book Historical Title, Self-Determination and the Kashmir Question written by Fozia Nazir Lone and published by BRILL. This book was released on 2018-05-17 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Historical Title, Self-Determination and the Kashmir Question, Lone offers a fresh framework, while recognising signs of spreading terrorism in the region, to understand the rights of the Kashmiri people and how they could be addressed by the international community.

Constitutional and Legal Status of Jammu Kashmir

Author : Kishori L. Bhatia
Publisher :
ISBN 13 : 9788184844887
Total Pages : 145 pages
Book Rating : 4.8/5 (448 download)

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Book Synopsis Constitutional and Legal Status of Jammu Kashmir by : Kishori L. Bhatia

Download or read book Constitutional and Legal Status of Jammu Kashmir written by Kishori L. Bhatia and published by . This book was released on 2015 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Article 370

Author : A.G. Noorani
Publisher : Oxford University Press
ISBN 13 : 0199088551
Total Pages : pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Article 370 by : A.G. Noorani

Download or read book Article 370 written by A.G. Noorani and published by Oxford University Press. This book was released on 2014-11-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: On 26 January 1950, the Constitution of India came into force with a unique provision—Article 370. The special status accorded to the state of Jammu and Kashmir in the article meant that its people lived under a different set of laws while being part of the Indian Union. Alternating deftly between history and politics, A.G. Noorani examines a wide range of documents pertaining to Article 370. He incisively analyses the implications and consequences of the article for the constitutional democracy of the state and the nation. From Jammu and Kashmir's accession to India in 1947 to the various negotiations thereafter; Sheikh Abdullah's arrest to the framing of the Constitution of Jammu and Kashmir and the replacement of Sadar-i-Riyasat, this book impeccably documents the little-known constitutional history of the state. Noorani underscores the politics behind the gradual erosion of Article 370 and the need for restoration of autonomy. Critically analysing the various judgments relating to this constitutional arrangement, he suggests a framework for resolving the 'Kashmir problem'. Collecting together rare, often unseen and unnoticed, letters, memoranda, white papers, proclamations, and amendments, this book will be an indispensable resource on Kashmir.

Legal Status of Jammu and Kashmir

Author : Shabir Choudhry
Publisher :
ISBN 13 : 9781728355641
Total Pages : 250 pages
Book Rating : 4.3/5 (556 download)

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Book Synopsis Legal Status of Jammu and Kashmir by : Shabir Choudhry

Download or read book Legal Status of Jammu and Kashmir written by Shabir Choudhry and published by . This book was released on 2020-08-16 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even after 73 years of division of the British India, still there is confusion and controversy on legal status of the former Princely State of Jammu and Kashmir. In light of legal documents, I have endeavoured to establish the exact legal position of Jammu and Kashmir. Apart from that the UN Security Council Resolutions on Jammu and Kashmir dispute are analysed; and why they could not be implemented. Which country refused to implement them or created hurdles. After the Simla Agreement and the Lahore Declaration, can these Resolutions play any role in resolution of the dispute. Also, I have analysed Article 370 and 35A of the Indian constitution, and how India disregarded the pledges made to the people of Jammu and Kashmir; and unilaterally changed the status of Jammu and Kashmir. In addition, I have analysed the role of Pakistan, and how they betrayed people of Jammu and Kashmir to satisfy their imperial agenda. Furthermore, how Pakistan is promoting extremism, terrorism, intolerance and religious hatred in Jammu and Kashmir; and how it is hurting people of Jammu and Kashmir on both sides of the divide. Besides that, I have analysed the impact of these changes on the people of Jammu and Kashmir, and how they have responded. What people of Jammu and Kashmir should do when they are forcibly divided, and when their motherland is under control of three nuclear countries, namely India, Pakistan and China.

Legal Aspects of the Kashmir Problem

Author : H. S. Gururaja Rao
Publisher :
ISBN 13 :
Total Pages : 624 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Legal Aspects of the Kashmir Problem by : H. S. Gururaja Rao

Download or read book Legal Aspects of the Kashmir Problem written by H. S. Gururaja Rao and published by . This book was released on 2002 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the legality of the accession of Kashmir to India, this title looks to the history, ethnology and geography of the region in order to find a political solution. The author provides a true and factual account of the state's eventful past.

Secular States, Religious Politics

Author : Sumantra Bose
Publisher : Cambridge University Press
ISBN 13 : 1108472036
Total Pages : 393 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Secular States, Religious Politics by : Sumantra Bose

Download or read book Secular States, Religious Politics written by Sumantra Bose and published by Cambridge University Press. This book was released on 2018-05-03 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a comparative study of two major attempts to build secular states - India and Turkey - in the non-Western world

Jammu and Kashmir

Author : K. L. Bhatia
Publisher :
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Jammu and Kashmir by : K. L. Bhatia

Download or read book Jammu and Kashmir written by K. L. Bhatia and published by . This book was released on 1997 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Is The Story Of Article 370-How It Came About, Its Import Etc.

Article 370 & 35A and the Constitution of Jammu and Kashmir

Author : Shubham Sinha
Publisher :
ISBN 13 : 9781686059896
Total Pages : 126 pages
Book Rating : 4.0/5 (598 download)

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Book Synopsis Article 370 & 35A and the Constitution of Jammu and Kashmir by : Shubham Sinha

Download or read book Article 370 & 35A and the Constitution of Jammu and Kashmir written by Shubham Sinha and published by . This book was released on 2019-08-13 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a brief description of Article 370 of the constitution of India and the constitution of Jammu and Kashmir which, gives a deeper idea for the understanding of special status of Jammu and Kashmir it's necessity and essentials to establish and revoke it.Incorporated into the Constitution on October 17, 1949, Article 370 absolves J&K from the Indian Constitution (aside from Article 1 and Article 370 itself) and licenses the state to draft its own Constitution. It limits Parliament's administrative powers in regard of J&K. For broadening a focal law on subjects incorporated into the Instrument of Accession (IoA), unimportant "discussion" with the state government is required. Be that as it may, for extending it to different issues, "simultaneousness" of the state government is obligatory. The IoA became an integral factor when the Indian Independence Act, 1947 isolated British India into India and Pakistan. For somewhere in the range of 600 princely expresses whose power was reestablished on Independence, the Act accommodated three alternatives: to remain an autonomous nation, join Dominion of India, or join Dominion of Pakistan - and this uniting with both of the two nations was to be through an IoA. Despite the fact that no endorsed structure was given, a state so joining could indicate the terms on which it consented to join. The adage for contracts between states is pacta sunt servanda, for example guarantees between states must be regarded; if there is a rupture of agreement, the general standard is that gatherings are to be reestablished to the first position. Various different states appreciate unique status under Article 371, from 371A to 371I. The Schedule affixed to the Instrument of Accession enabled Parliament to administer in regard of J&K just on Defense, External Affairs and Communications. In Kashmir's Instrument of Accession in Clause 5, Raja Hari Singh, leader of J&K, unequivocally referenced that the particulars of "my Instrument of Accession can't be fluctuated by any change of the Act or of Indian Independence Act except if such alteration is acknowledged by me by an Instrument strengthening to this Instrument". Provision 7 said "nothing in this Instrument will be esteemed to submit me in any capacity to acknowledgment of any future constitution of India or to chain my carefulness to go into courses of action with the Government of India under any such future constitution". Raja Hari Singh had at first chosen to stay autonomous and consent to halt arrangements with India and Pakistan, and Pakistan in actuality marked it. However, following an attack from tribesmen and Army men in casually dressed from Pakistan, he looked for the assistance of India, which thus looked for the increase of Kashmir to India. Hari Singh marked the Instrument of Accession on October 26, 1947 and Governor General Lord Mountbatten acknowledged it on October 27, 1947.

State Politics and Government

Author : Vidya Bhushan
Publisher : Jammu Tawi, J & K : Jay Kay Book House
ISBN 13 :
Total Pages : 496 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis State Politics and Government by : Vidya Bhushan

Download or read book State Politics and Government written by Vidya Bhushan and published by Jammu Tawi, J & K : Jay Kay Book House. This book was released on 1985 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Kashmir, Article 370

Author : Mohan Krishen Teng
Publisher :
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Kashmir, Article 370 by : Mohan Krishen Teng

Download or read book Kashmir, Article 370 written by Mohan Krishen Teng and published by . This book was released on 1990 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 370 Of The Constitution Of India Is Widely Debated Issue.In Accordance With The Special Provisions Embodied In Article 370 Of The Constitution Of India, The Jammu And Kashmir State Was Exempted From The Application Of The Provisions Of The Constitution Of India Dealing With The States In Part B Of Its First Schedule. In Part B Of The First Schedule Was Listed The Erstwhile Princely States, Which Had Acceded To The Dominion Of India, But Which Had Not Merged With Any Province Or Had Not Been Reorganized Into Centrally Administered Areas. Provisions Were Incorporated In Article 370 For The Institution Of A Constituent Assembly In The State To Draw Up Its Constitution. No Other Provisions Of The Constitution Of India Except Article I Was Made Applicable To Jammu And Kashmir.The Powers Of The Parliament To Legislate In Regard To The State Were Limited To The Matters Which Were Declared By The President Of India, In Consultation With The Government Of The State To Correspond To The Stipulations Of The Instrument Of Accession.An Interesting Aspect Of Article 370 Was That It Envisaged A Perpetual Constituent Assembly In The State, At Least, So Long As The Transitional Provisions Remained On The Statute Book.Article 370 Did Not Vest Any Constitutive Power In The Hands Of The President, Nor Did It Vest Any Such Power With The Constituent Assembly Of The State.The Powers To Amend The Provisions Of Article 370, Were Vested With The Parliament Of India, Which Was Not Subject To Any Limitation Imposed By Article 370 Or Any Other Provision Of The Constitution Of India.This Book Provides The Authoritative Account Of The Events Which Led To Incorporation Of Article 370 In The Constitution. Also All Provisions Of The Article Are Elaborately Analysed. This Will Prove An Authoritative Reference Tool To Students, Teachers And Researchers In The Field Of History, Political Science, Law And Polity Besides The General Readers.

Law and Conflict Resolution in Kashmir

Author : Piotr Balcerowicz
Publisher : Routledge Studies in South Asian Politics
ISBN 13 : 9781032048529
Total Pages : 0 pages
Book Rating : 4.0/5 (485 download)

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Book Synopsis Law and Conflict Resolution in Kashmir by : Piotr Balcerowicz

Download or read book Law and Conflict Resolution in Kashmir written by Piotr Balcerowicz and published by Routledge Studies in South Asian Politics. This book was released on 2022-01-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis of the legal status of territories of the former Princely State of Jammu and Kashmir, considering potential opportunities for Kashmir conflict resolution. Containing a detailed survey of relevant legislation and international documents, chapters throughout this book investigate the attempts and failures of Kashmir conflict resolution, holding up factors which could enable more peaceful relations between India and Pakistan with inclusion of the inhabitants of the erstwhile Princely State of Jammu and Kashmir. The book goes further than outlining how India and Pakistan determine the legal status of their portions of Kashmir by demonstrating the complexity of legal arrangements and why this protracted conflict is so difficult to resolve. As the Kashmir conflict is not only about territory and irredentism, themes such as cultural and national identity, power procurement, territorial security, communal rivalry, religious radicalisation, economic factors, and social issues are all taken into consideration. Law and Conflict Resolution in Kashmir will appeal to students and scholars of peace and conflict studies, international relations, international law studies, and South Asian studies. Chapter 15 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Political Economy of the Kashmir Conflict

Author : Wajahat Habibullah
Publisher : DIANE Publishing
ISBN 13 : 143790291X
Total Pages : 16 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Political Economy of the Kashmir Conflict by : Wajahat Habibullah

Download or read book Political Economy of the Kashmir Conflict written by Wajahat Habibullah and published by DIANE Publishing. This book was released on 2009-02 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Efforts to develop warmer relations between South Asia¿s two nuclear powers, India and Pakistan, will not succeed unless political violence in Kashmir is reduced. One of the key factors sustaining that violence is the dearth of economic opportunities, which ensures a steady supply of disaffected recruits to terrorists and militant groups. This report sketches the turbulent history of Kashmir from its division in 1947 through the revolt of 1989-90 to 2003, and then explores the economic dimensions of the conflict and the opportunities for peacebuilding. The governments of India and Pakistan, together with political leaders in Kashmir, must take the lead in promoting economic dev¿t., but they require the assistance of internat. financial institutions and of the U.S.

Danger in Kashmir

Author : Josef Korbel
Publisher : Princeton University Press
ISBN 13 : 1400875234
Total Pages : 420 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Danger in Kashmir by : Josef Korbel

Download or read book Danger in Kashmir written by Josef Korbel and published by Princeton University Press. This book was released on 2015-12-08 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: An excellent presentation of the many complex factors which stem from the Kashmir dispute between India and Pakistan. The author as the original Czech member of the United Nations Commission for India and Pakistan, brings to his narrative first-hand experience. Originally published in 1954. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Understanding Kashmir and Kashmiris

Author : Christopher Snedden
Publisher : Oxford University Press
ISBN 13 : 1849043426
Total Pages : 396 pages
Book Rating : 4.8/5 (49 download)

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Book Synopsis Understanding Kashmir and Kashmiris by : Christopher Snedden

Download or read book Understanding Kashmir and Kashmiris written by Christopher Snedden and published by Oxford University Press. This book was released on 2015 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the strategic and historical circumstances surrounding the British creation and handing over of the Princely State of Jammu and Kashmir, the Maharaja's accession to India, and the unintended consequences of these actions.

Resisting Occupation in Kashmir

Author : Haley Duschinski
Publisher : University of Pennsylvania Press
ISBN 13 : 081224978X
Total Pages : 312 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Resisting Occupation in Kashmir by : Haley Duschinski

Download or read book Resisting Occupation in Kashmir written by Haley Duschinski and published by University of Pennsylvania Press. This book was released on 2018-04-20 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resisting Occupation in Kashmir considers the social and legal dimensions of India's occupation of Kashmir and the ways in which Kashmiri youth are drawing on the region's history of armed rebellion to reimagine the freedom struggle in the twenty-first century.

Politics of State Autonomy and Regional Identity

Author : Sunita
Publisher : Gyan Publishing House
ISBN 13 : 9788178354071
Total Pages : 296 pages
Book Rating : 4.3/5 (54 download)

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Book Synopsis Politics of State Autonomy and Regional Identity by : Sunita

Download or read book Politics of State Autonomy and Regional Identity written by Sunita and published by Gyan Publishing House. This book was released on 2006 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The demand of State autonomy has remained a highly contentious issue in Indian Politics right since the time when accession of Kashmir to the Indian federalism took place. This is a demand that often generate tension between Center and the State. It is felt that the autonomy for the State may actually come to mean autonomy for Kashmir region only. It may not flow to the regional and sub-regional levels. The autonomy that extends beyond the State needs a multi-layered package of autonomy that extends beyond the State to the regional or sub-regional levels. Autonomy is needed to inspire confidence to the people, to make the system more democratic, to ensure speedier and balanced development and to make the administration accountable to the people and thus more efficient and above all, to evolve a composite and harmonious personality of the State. None of these can be achiever in the present unitary system of the state and by centralization of power and administration. A more federalized and bottom-up approach is needed to solve the problem of the State. This book is an attempt to examine the relationship of Kashmir identity with the Indian Union, the regional identity of Jammu and Ladakh with the State. This book on the one hand is the description of the relationship between the Centre and the State and on the other hand is the description of relationship between the three regions, namely Jammu, Kashmir and Ladakh. My prescription is deeply federal and decentralizing in nature.