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Article 370 of the Indian constitution grants special status to Jammu and Kashmir. Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, the State of Jammu and Kashmir has been accorded special status under Article 370. Even though included in 1st Schedule as 15th state, all the provisions of the Constitution which are applicable to other states are not applicable to J&K. Government of India can declare emergency in Jammu and Kashmir and impose Governor's rule in certain conditions. Matters related to Defense, Foreign relations, Communication and Finance of Jammu and Kashmir is under jurisdiction of Constitution of India.〔〔 Till 1965, J&K had a Sadr-e-Riyasat for Governor and Prime Minister in place of Chief Minister. ==Historical aspect== India and Pakistan gained their independence on 15 and 14 August 1947 respectively; J&K chose to remain neutral not joining any dominion. Maharaja Hari Singh (that time the ruler of J&K) signed a standstill agreement with Pakistan. But there was no such agreement signed between Maharaja and Union of India. However, on 6 October 1947, Pakistani Muslim tribes, supported by the government of Pakistan, attacked Jammu and Kashmir on the behest of Pakistan. To save his state Maharaja Hari Singh signed Instrument of Accession to India, so that India could help in defending the state. Whereas the other states later signed merger agreements, the relationship of Jammu & Kashmir with the rest of the country was governed by a special set of circumstances, and hence given a special position. It was in the pursuance of those commitments that Article 370 was incorporated in the Constitution. The Constitution of Jammu & Kashmir, which Dr. Karan Singh signed into law in 1957, is still in force.〔http://timesofindia.indiatimes.com/india/Integral-review-of-Article-370-overdue-but-needs-cooperation-not-confrontation-Congress-leader-Karan-Singh/articleshow/35733023.cms〕 〔http://middleeast.about.com/od/pakistan/a/kashmir-history-backgrounder.htm〕 India and Pakistan were partitioned in 1947. Kashmir was split as well, with two-thirds going to India and a third going to Pakistan, even though India's share was predominantly Muslim, like Pakistan. A rebellion of Tribal Muslims from the Pakistan side led was suppressed by Indian forces.〔http://middleeast.about.com/od/pakistan/a/kashmir-history-backgrounder.htm〕 War broke out. It wasn't settled until a 1949 controversial cease-fire brokered by the United Nations and a resolution calling for a referendum, or plebiscite. India never took the matter to the United Nations for a decision on the accession of Kashmir, but to broker a ceasefire and decide a timeline for removal of the infiltrators. So India never conducted one, while there has been a cry from many corners that a plebiscite was necessary. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Constitution of Jammu and Kashmir」の詳細全文を読む スポンサード リンク
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