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Agreement With Hari Singh

The killing on 14 February of more than 40 members of the Central Reserve Police Force (CRPF) by a young cashmere member of the Pakistan-based Islamist militant group Jaish-e-Mohammad renewed the request to repeal Article 370 of India`s Constitution, which grants special status to the state of Jammu and Kashmir. But the repeal of Article 370 may not be as simple as being introduced, especially since it is linked to the instrument of accession under which its sovereign, Maharaja Hari Singh, had agreed to join Jammu and Kashmir with India. Therefore: “Nothing in this instrument will authorize the Dominion Legislature to make a law for that state that authorizes the compulsory acquisition of land for any purpose, but I undertake that if the Dominion, for the purposes of a Dominion Act in force in that state, considers it necessary to acquire any country, I will purchase the land at their own expense or if the country belongs to me. , may be agreed or, in the event of a delay, appointed by an arbitrator appointed by the Supreme Justice of India. When the MHA did not respond to my request for copies of the IoAs, I applied to the Lok Sabha secretariat for access to the same documents and CA-L debates. I indicated that the IoA should be submitted prior to the CAL and that Lok Sabha should have retained copies of these documents as THE successor body to CA-L. The Lok Sabha CPIO has still not responded to my RTI application. I then gained access to the Library of Parliament and located the CA-L debates for the period 1947-1948. [20] Each of the 140 Prince states that signed the IoAs with the Dominion of India agreed to the same terms as J-K. All these sovereigns first joined the Dominion, which was limited to the same three subjects. The other powers were preserved by them, as the Maharajah of J-K had attempted.

However, some of them signed merger instruments to form larger administrative units, such as the Matsya Union, Vindhya Pradesh, PEPSU, Travancore and Cochin, etc., and finally accepted the administrative scheme provided for by the new Constitution. The Yuvaraj of J-Km, which exercised all the powers conferred on it by the Maharajah, proclaimed on 25 November 1949 that the Indian constitution would only settle relations between J-K and the Union to the extent that its provisions would apply to J-K. Article 306 bis – which would later become Article 370 – set out the terms of that relationship. It is interesting to note that the provisions of section 370 should be temporary and temporary. Menons Tome presents a detailed report on these developments. Subsequently, Noorani [19] and others examined in detail how section 370 was eroded from the outset. I do not intend to address these issues in this brief article. It will not be an exaggeration to describe status quo agreements and status quo agreements as the threads that knit the different administrative areas in a Union. Instead of tidying them up and giving researchers access only on request, the National Archives should work with the government to display them in a museum that people can visit as they see fit. Citizens have the right to know more about the constituent elements of India. Those who question the repeal of Section 370, which was temporary, should also reply that the purple privileges have given their consent to the princes of the former sovereigns for the establishment of instruments of accalization with the Indian government. And these were not temporary.

Why these portfolios were removed from Indira. Wasn`t this act too illegal? Before closing, it is necessary to dispel another myth, popularized by those who question the existence of the IoA J-K. Its origin seems to be based on the writing attributed to Prof. Lamb. [22] If he really wrote that the signed copy of the IoA was never attached to the Government`s 1948 White Paper on J-K, nor in the documents that the Indian government sent to the United Nations Security Council this year, this discrepancy can be explained in simple terms.