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Let Us Be Clear About Jammu, Kashmir & Ladakh
We have served you on the Kashmir-related issues
rather liberally perhaps. Today, we have a brilliant
piece from another scholar friend, Shri Abhijit
Bhattacharyya,focusing on realities and as per law,
put in an extremely precise form—not a single word
extra. (see att "Certain Misplaced Notions")
Let us be real and follow law and logic to counter the
lethality of the deliberate mischief being resorted
to by actors of all hues with mala fideintent.
Then,he quotes Section 5 of the Jammu and
Kashmir Constitution:
“Section 5 clarified: “Notwithstanding anything contained
in this or any other Act, all powers, legislative, executive
and judicial, in relation to the State and its government
are hereby declared to be and to have always been
inherent in and possessed and retained by His
Highness ...” Hence, when the maharaja acceded
to India, the act was legal, bona fide, unequivocal and
irrevocable, in accordance with the law of the
independent State of Jammu and Kashmir as
well as with international conventions and laws
guiding relations between sovereign States.”
And, after accession to India, the author rightfully
observes: “After accession to India, Jammu and
Kashmir found its position among the states of India
through special provisions in the Constitution of India
which came into effect on January 26, 1950.”
Then, “The final stamp of the acceptance of Jammu
and Kashmir as an integral part of India was marked
by the promulgation of the constitution of Jammu and
Kashmir itself on January 26, 1957, the preamble of which
stipulated: “We, the people of the State of J&K, having
solemnly resolved, in the presence of the accession of
this State of India, which took place on 26th day
of October, 1947, to further define the existing
relationship of the State with the Union of India as
an integral part of India as an integral part thereof...”
So, the author concludes:
“Let us then be real. Three legal documents — of
October 26, 1947, when Jammu and Kashmir acceded
to India; the promulgation of the Constitution of India
on January 26, 1950 and the coming into being of the
constitution of Jammu and Kashmir on January 26,1957
— all have clearly and categorically, legally and
constitutionally, made Jammu and Kashmir an
integral part of India.”
Friends, it will be good if you would consider sharing
this with friends and foes as well.
Your sevak,
D.C. Nath
(Former Spl. Director, IB)
(President, Patriots’ Forum)
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