India cannot resolve Kashmir issue by removing Article 370: CORCOM
IMPHAL | Sept 8
The proscribed Umbrella organisation, CORCOM has stated that the organisation appeals the public to analyse on the withdrawal of Article 370 from Jammu and Kashmir on August 5 and dilution of its special status by the government of India.
A release issued by media coordinator, M. Sak-hen has stated that as per section 7(1)(b) of Indian Independence Act (IIA), 1947, Kashmir was a sovereign independent nation no longer under the British suzerainty. This nation gave its signature to the Standstill Agreement with Pakistan on August 12, 1947, and both further gave its signature to the Instrument of Accession on October 26, 1947, it said.
With the invasion of Pathan tribe from Pakistan, the then king of J and K, Hari Singh appealed the Dominion Government of India (DGOI) for help and signed the Instrument of Accession (IOA) which was supposed to remain in effect for some time, it further said. The DGOI viceroy of that time, lord louis Mountbatten gave recognition to the IOA on October 27, 1947, it stated. With that, the IOA became effective under the bilateral agreement of J and K, DGOI and Union of India (UOI), it added.
As per the IOA, laws framed by the union of India were to be introduced for three sections, namely Defence, External Affairs, and Communication for J and K, while the laws for the remaining sections were to be framed by the legislature of J and K, it continued.
The release further stated that if the union of India wishes to introduce other laws beyond the sections mentioned in the IOA, it needed prior approval from the legislature of J and K.
One of the most important features of the IOA was that Hari Singh had the right to give dissent on any amendments which may be made to the constitution of India in the future, the reason being that the agreement made between J and K and the union of India was of a temporary nature, and not permanent, it added. Therefore, the sovereignty and independence of J and K was not completely lost with the signing of IOA, it added. Such type of existence is known as Associate State under the international law, it said. The union of India was given the power to frame laws for J and K regarding the sections mentioned only under IOA, it added.
Further, it said that the terms and conditions mentioned under IOA were added to the Constitution as Article 306A and when the Indian Constitution was fully established, it came to be known as Article 370. If Article 370 has to be scrapped or enforced, it requires a notification to be served under the recommendation from the Constituent Assembly of J and K, before it is further notified by the President of India, it said. The president of the Indian union cannot arbitrarily declare the revocation of article 370, it added. The Indian legislative nor the executive authority hold such powers to do so, it stated.
When Constituent Assembly of J and K formed its Constitution, it was not mentioned that Article 370 will be no longer followed. Therefore, Article 370 continued to hold its relevance, it said. The last decision made by J and K on the said article on November 17, 1975 resolved to continue keeping the existing relationship between J and K, and Indian union as per the Article 370, it maintained. However, if any changes are required, it will be allowed as per the approval of the J and k Constitution, it further said. There was no other way round, it added.
The release further said that the United Nations Security Council beginning from 1948, has taken a total of 18 resolutions. Two among them can be taken up and analysed. The first one i.e. India-Pakistan Resolution - S/RES/47 (1948) taken on April 21, 1948 stated that Plebiscite should be conducted to resolve the Kashmir issue while the second one mentioned that it should be resolved by Pakistan and India, it said. As per the resolution, neither side are allowed take up any arbitrary steps to resolve the issue, it added.
The release further said that the Kashmir issue is not an internal problem of any country; it is an international issue between two separate countries. Therefore, the issue has been taken up at the UN Security Council and debated by other representatives of other nations, it stated. This is the reason why India cannot take over the Kashmir issue by removing Article 370, it added. UN Security Council has not given its approval as it would be against international laws, it said.
(To be continued...)
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