User:ZuhaSarai/sandbox

Article 370 Indian Constitution:

''Q: The state autonomy committee was created in the 1990s for accessing the most appropriate way to maintain autonomy of the Kashmir and Jammu union territory in the Indian Constitution. Therefore, I want to create a new section discussing, the context as to why it was created, it’s purpose, and it’s relation to the autonomy of the Kashmiri and Jammu people. I would also like to explore the neglect of the union territory, Ladakh, and solutions regarding it.''

The Indian nation-state and its distribution of power through central power (India),  union territory power (Kashmir, Jammu and Ladakh), and Panchayat level (Regional and bellow) is emphasized through the creation of the State Autonomy Committee, representing Kashmir and Jammu, attempting union territory power.

The partition of India and Pakistan and the dispute regarding which nation-state would receive which part of Kashmir, as Kashmir is a Muslim Majority, however, was ruled by a Hindu Maharajah and Nehru’s birth place, only sparked Kashmir as a topic of conflict. Once Pakistan received ⅓ of Kashmir (Azad Kashmir and Gilgit-Balistan) and India received ⅔’s (Kashmir, Jammu, and Ladakh), the topic of how each nation-state would automatize their portions of Kashmir differed. India claimed Kashmir's and Jammu's autonomy through the Delhi Agreement of 1953 and Article 370 of 1954, which fueled the distinction between central and federal power. In regards to central power and federal power (union territory power), the historical event of the arrest of Sheik Abdullah, the founder of the autonomy movement for Kashmir and Jammu in 1953, began the dispute between Federal and Central power. Sheik Abdullah’s arrest with 22 others occurred on the grounds of the Kashmir Conspiracy Conflict. Due to the arrest being on the assumed notion of Abdullah wanting an independent nation, the topic of autonomy is distinguished by post-1953 and pre-1953. Abdullah's  imprisonment in 1953, for 22 years, is described as a “political vagrancy,” where the topic of Kashmir’s and Jammu’s “self determination” builds up. Once Abdullah’s sentence finished, the 1975 Accord occurred, which consisted of several meetings held between Abdullah's government, the National Conference party and the Central Government to discuss the autonomy of Kashmir and Jammu. At the time, the GOI feared the J&K leadership sought secession and the talks became contentious.

Article 370 lists a generalized autonomy from the Indian Government for Jammu and Kashmir, especially stating that the President cannot abrogate or amend the article, unless she/he does so through a Presidential Order and with the "concurrence" of the state leaders in Jammu and Kashmir. To address the lack of clarity regarding the relationship between central government and state autonomy,  Sheik Abdullah took office in 1975 and appointed a “committee to study the prospect of reviewing the parliamentary laws extended to the state in the post-1953 period.” This committee failed as they were unable to change the consensus. However, even after the death of Sheik Abdullah in 1982, the discussion of autonomy continued into the 1990’s, especially in 1996.The situation stayed in a frozen like state until the 1990’s, after which talks did resume once the National Conference party assumed political power.

The State Autonomy panel was formed in 1996, after the National Conference assumed political power in 1996, winning the 1996 Jammu and Kashmir Legislative Assembly election, through Chief Minister Farooq Abdullah. The State Autonomy Report lays out discrepancies in the path to autonomy for Kashmir and Jammu union territories through the constitution and law. Alongside the creation of the State Autonomy Committee was the Regional Autonomy Committee. The Regional Committee focused on the power distribution falling down to other regions and more local areas as Kashmir and Jammu became a focus, pulling away from the other union territory, Ladakh. The submission of the reports both from the Regional and State autonomy Committees occurred in April of 1999, and were rejected immediately, as the Indian government believed the “report was the call for the restoration of autonomy via reversal to the Pre-1953 status of the state.” The SAC report is not a restatement of the Delhi Agreement in 1953 between Nehru and Sheik Abdullah, however, one that requests the accession of Kashmir and Jammu territories rather than spelling out the exact relationship the central government of India and the federal government of Kashmir and Kammu. The reports 13 points of state autonomy erosion to look over between 1953-1975 : "Few are as follows:-

• By 1954 Presidential Order the operations of Customs, Central Excise, Civil Aviation, Post and Telegraphs were extended.

• In 1958 All India Services-IAS, IPS was introduced Functions of Comptroller and Auditor General were extended.

• In 1959 the legislative entry relating to census were applied making way for the conducting of Census of 1961 under Central Law.

''• In 1960 J&K was brought under the jurisdiction of the Supreme Court. The jurisdiction of Election Commission of India was extended.''

• In 1964 Articles 356 and 357 of the Constitution were applied making way for the introduction of President Rule in emergencies.

• In 1965 a number of legislative entries relating to Welfare of Labour, Trade Unions, Social Security and Social Insurance were applied.

• In 1966 provision is relating to direct elections to Lok Sabha were applied.

• Since 1953 about 337 laws relating to Charter Accounts Law, Coinage Act, Conservation of Foreign Exchange and Prevention of Smuggler Activities Law, Contempt of Courts Law, Customs law, Copy Right Act, Dangerous Drugs Act, Delimitation etc. have been extended to Jammu and Kashmir State." However, with all of the autonomy discussions, due to the neglect of the Ladakh union territory, scholars argue whether the Panchayat levels and more regional decisions be made on their behalf, as the Panchayat level can be sure to give the three different union territories their own voice.