VYETH Student Magazine

KASHMIR IS NOT AN INTEGRAL PART OF INDIA

Aadil Rashid and Aneesa Manzoor
B.A.LLB 9th and 3rd Semester Roll No: 15 & 13


Kashmir is neither an integral part of India nor are the happenings in Kashmir an internal matter of India and in this regard reference to the constitution of J&K is totally misconceived
irrelevant and redundant, “spokesman of the Bar said in a statement.
Quoting the Bar president Mian Abdul Qayoom who chaired a meeting of the Executive Council of the lawyers body, the spokesman said: “When General Council of All J&K National Conference
passed a resolution for convening a Constituent Assembly
for deciding the accession issue, Pakistan raised the issue
before the Security Council, where B.N.Rao, an Indian
representative and the leader of Indian delegation in his
speech, made on March 29.1951,assured the Council that
while the Constituent Assembly may, if it so desires, express
an opinion on the accession, but it could take no decision on
it and any opinion expressed by it, would not bind the
Government of India, “the bar said.
“Consequently the Security Council, which was
already seized of the matter, passed a resolution on May 5.1951,where-under, it affirmed that the convening a Constituent Assembly, as recommended by General
Council of National Conference and any action that the Assembly might attempt to take to determine the future shape and affiliation of the entire state or any part thereof, would not constitute a disposition of the State and while reminding the
Government of India and Pakistan of the principles embodied in Security Council Resolutions of April 21.1948, June 3.1948 and March 14.1950 and United Nations
Commission for India and Pakistan resolutions dated August 13.1948 and January 5.1949 stated that final disposition of the State of J&K will be made in accordance
with the will of the people to be expressed by them, through the democratic method of a free and impartial plebiscite, conducted under the auspices of the United Nations”.
“When Sheikh Mohammad Abdullah was dismissed as prime Minister of J&K on 09.08.1953 and was detained, he while in detention, addressed a letter to the President of the Constituent Assembly on August 16.1956,when the constitution was going to be finalized that by August 9 action, as well as by the long record of black deeds in and outside the house, the present Government and the
Assembly have completely forfeited the confidence of the electorate and they no longer represent the political and economic aspiration of the people. He accordingly asked them to desist from such a course of action”.
“On November 24.1956, Mirza Muhammad Afzal Beg, while addressing the
Constituent Assembly warningly stated that this house is not competent to finalize the question of accession or frame the constitution, because it has lost the confidence of the people”. “when, despite the aforesaid declarations and warnings, Kashmir
Constituent Assembly adopted a constitution on November 17.1956, to be enforced in full on January 26.1957,section 3 of which declared that the State of J&K is and
shall be an integral part of India, the security Council again met on January 16.1957 and passed a resolution(S/3779) on January 24.1957 reminding the government of India and Pakistan and the authorities concerned, of the principle embodied in its
resolution of April 21.1948, June 3.1948, March 14.1950, March 30.1951 and
UNCIP’s resolution of August 13.1948 and January 5.1949 that the final disposition
of the state of J&K will be made in accordance with the will of people, expressed through the democratic method of a free and impartial plebiscite, conducted under
the auspices of UN and reaffirmed the affirmation of its resolution of March 30.1951″
“It also declared that the convening of a Constituent Assembly, as recommended by General Council of National Conference and any action that Assembly
may have taken or might attempt to take to determine the future shape and
affiliation of the entire state or any part there of or action by the parties
concerned, would not constitute a disposition of the State in accordance with the above principle”

“It is utterly unconstitutional to deny Kashmir’s the right to demand a plebiscite, because that right is implicit in the proviso which shows that a decision regarding
the disposition of Kashmir is yet to be made by international “Agreement” or at an “International Conference”. Proviso to Article 253 clearly invalidates section 3 of
the Constitution of the State, which otherwise also, read in the context of UN and UNCIP resolution is invalid and redundant”,
“Ever since 1931,Kashmiris have been engaged in a relentless strife against
their continuous subjugation the spirit of their sacrifice for attainment of
freedom has reached the zenith in recent months, “he said
“The establishment of Sainik colonies and Resettlement of Kashmiri Pandites
in separate clusters or implementing the Industrial policy are all tools of
repression, which have been rightly rejected by the people of Kashmir. It is in the interest of all State Holders that the be settled accessibly by mutual
consultation and agreement. Liability and big heart should replace the
continuous use of force which has taken a huge tolt human life and property . The show of pyidity and the military might is going to glorificate the matter rather than putting it to solution.