somnath wrote:
Rudradevji, first up, there is no "us v/s them" here..We are all on the same side, even if perspectives differ..If you approach discussions from that level, you would take these things more dispassionately...Which is when you would probably do a little bit more "google search" and find out the details for yourself..Like the fact that the link above has an incomplete version of the Instrument of Accession (dont know if its deliberate)..
Heres the full version:
http://www.satp.org/satporgtp/countries ... ession.htm
Schedule
The matters with respect to which the Dominion Legislature may make laws for this State.
Defence
The naval, military and air forces of the dominion and any other armed forces raised or maintained by the Dominion; any armed forces, incl forces raised or maintained by an acceding State, which are attached to, or operating with, any of the armed forces of the Dominion.
Naval, military and air force works, administration of cantonment areas.
Arms, fire-arms, ammunition.
Explosives.
External Affairs
External affairs; the implementing of treaties and agreements with other countries; extradition, including the surrender of criminals and accused persons to parts of His Majesty's Dominions outside India.
Admission into, and emigration and expulsion from, India including in relation thereto the regulation of the movements in India of persons who are not British subjects domiciled in India or subjects of any acceding State, pilgrimages to places beyond India.
Naturalization.
Communications
Posts and Telegraphs, including telephones, wireless, broadcasting, and other like forms of communications.
Federal Railways; the regulation of all railways other than minor railways in respect of safety, maximum and minimum rates and fare, stn and service terminal charges, interchange of traffic and the responsibility of railway Adm. as carriers of goods and passengers.
Maritime shipping and navigation, incl shipping and navigation in tidal waters; Admiralty jurisdiction.
Port quarantine.
Maj ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of Port Authorities therein.
Ac and air navigation; the provision of aerodromes; regulation and organization of air traffic and of aerodromes.
Lighthouses, incl lightships, beacons and other provisions for the safety of shipping and ac.
Carriage of passengers and goods by sea or by air.
Extension of the powers and jurisdiction of members of the police force belonging to any unit to railway area outside that unit.
Ancillary
Elections to the Dominion Legislature, subject to the provisions of the Act and of any order made thereunder.
Offences against laws with respect to any of the aforesaid matters.
Inquiries and statistics for the purpose of any of the aforesaid matters.
Jurisdiction and powers of all courts with respect to any of the aforesaid matters but, except with the consent of the Ruler of the Acceding State, not so as to confer any jurisdiction of powers upon any courts other than ordinarily exercising jurisdiction in or in relation to that State.
So the original Instrument of Accession DID limit the law-making powers of the Indian Dominion to Defence, Foreign Affairs and Communications and some Ancilliary items..So I guess the "lie" is settled?
Brave attempt, Somnathji, but the unfortunate fact of the matter is that there is nothing in that list implying any sort of
"conditionality."
Which, let me remind you, you were VERY categorical in asserting the existence of:
The one signed by Hari Singh "agreed to accede to the Dominion of India on condition that the state retain its own constitution and autonomy in all matters except defense, currency and foreign affairs"
All I see is a schedule of matters in which the Dominion of India was entitled to legislate on central subjects with immediate effect... much like any of the other princely states which acceded to India was required to sign. It was only following the constitution of India as a Republic three years later, that the central, state and concurrent lists uniformly tabled the division of powers between the union and state governments.
Given the nature of the "accession", it was a fait accompli to have an "interim", or temporary arrangement in the Constitution (as this acession was materially different from most, in fact all the others in many respects)..this had to be done concurrently with the rest of the work of the Constituent Assembly, and the initial draft was the result of negotiations between Gopalaswami Ayyengar And Sheikh Abdullah...
Nature of the "accession" eh? The fact is, every princely state which acceded to India before she became a Republic had to turn over certain powers to the Dominion government with immediate effect, the rest to be negotiated later in line with whatever constitution was enacted by the successor to the Dominion government in New Delhi. There was nothing unique in the interim handover of powers by the J&K government to New Delhi, and nothing "conditional" about it either. The Maharaja, if you will read your history (or even the letter to which I posted a link earlier) was not exactly in a position to be placing conditions, given the invasion of Pakistani "tribals" from which he needed New Delhi's assistance to defend him.
It's interesting the course that beloved Sheikh Abdullah took, too, isn't it? After all that fussing with the details of Article 370 and Kashmir's "special status"... he finally goes into a huddle with Adlai Stevenson and worries dear old chacha Nehru so profoundly that Nehru throws him in jail, preventing any further role for him in the election of the J&K constituent assembly in 1954. It is equally interesting that some bemoan the "dilution" of Article 370... intended fundamentally as a temporary measure to consolidate the integration of J&K into India... without paying much attention to the sort of blackmail that landed its architect, Sheikh Abdullah, in the political wilderness less than two years later.
Here's a little more reading, since you're here to share and learn:
http://www.kashmir-information.com/Lega ... le370.html
And a MUST-READ on Article 370 for anyone who genuinely has India's interests at heart:
http://www.kashmir-information.com/Arti ... pter2.html
The bottom line: any Indian government that wants to revert to the pre-1953 status negotiated by Sheikh Abdullah, a political blackmailer of such rapaciousness that even Secular St. Jawaharlal felt compelled to throw him in jail and deny him any part in the further political consolidation of J&K with India... is selling out. Period.
A full reading will also tell you how more residuary powers were brought in the ambit of the Central govt through this "temporary" enactment over the years....to the extent that the only major "special" provision is on land ownership AFAIK..If you want to read more about the legal background of the Kashmir case, there are lots of books - AG Noorani is one (though I suspect against your ideological proclivities
)...
finally, I repeat - relax.We are here to share and learn (at least I am), and we are on the same side..
What ever are you suggesting, I love AG Noorani!
But while we're on the subject, why not try widening your ideological horizons too. C.R. Das Gupta's "War and Diplomacy in Kashmir 1947-8" is an excellent start. Navneeta Chadha Behera (who spent some time at Brookings but miraculously went away undespoiled) wrote the excellent "State, Identity and Violence." There are also Vernon Hewitt's books: "Reclaiming the Past" and "Towards the Future", by a diplomatic journalist of such seniority that he has attested in contemporary magazine coverage to the bitter antagonism between the National Conference and the Muslim League in the immediate pre-partition era.
reading the some of the posters ramblings.
