Indian-administered Kashmir in the context of Article 370 of the Constitution of India


Indian-administered Kashmir in the context of Article 370 of the Constitution of India

⭐ Core Definition: Indian-administered Kashmir

Kashmir (/ˈkæʃmɪər/ KASH-meer or /kæʃˈmɪər/ kash-MEER) is the northernmost geographical region of the Indian subcontinent. Until the mid-19th century, the term Kashmir denoted only the Kashmir Valley between the Great Himalayas and the Pir Panjal Range. The term has since also come to encompass a larger area that formerly comprised the princely state of Jammu and Kashmir, and includes the Indian-administered territories of Jammu and Kashmir and Ladakh, the Pakistani-administered territories of Azad Kashmir and Gilgit-Baltistan, and the Chinese-administered territories of Aksai Chin and the Trans-Karakoram Tract.

In 1819, the Sikh Empire, under Ranjit Singh, annexed the Kashmir valley. In 1846, after the Sikh defeat in the First Anglo-Sikh War, and upon the purchase of the region from the British under the Treaty of Amritsar, the Raja of Jammu, Gulab Singh, became the new ruler of Jammu and Kashmir. The rule of his descendants, under the paramountcy (or tutelage) of the British Crown, lasted until the Partition of India in 1947, when the former princely state of the British Indian Empire became a disputed territory, now administered by three countries: China, India, and Pakistan.

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👉 Indian-administered Kashmir in the context of Article 370 of the Constitution of India

Article 370 of the Indian constitutiongave special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India, Pakistan and China since 1947. India administered Jammu and Kashmir as a state from 17 November 1952 to 31 October 2019. Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration.

Article 370 was drafted in Part XXI of the Indian constitution titled "Temporary, Transitional and Special Provisions". It stated that the Constituent Assembly of Jammu and Kashmir would be empowered to recommend the extent to which the Indian constitution would apply to the state. The state assembly could also abrogate Article 370 altogether, in which case all of the Indian Constitution would have applied to the state.

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Indian-administered Kashmir in the context of Azad Kashmir

Azad Jammu and Kashmir (Urdu: آزاد جموں و کشمیر, romanisedĀzād Jammū̃ o Kaśmīr, lit.'Free Jammu and Kashmir'), abbreviated as AJK and colloquially referred to as simply Azad Kashmir (/ˌɑːzæd kæʃˈmɪər/ AH-zad kash-MEER), is a region administered by Pakistan as a nominally self-governing entity and constituting the western portion of the larger Kashmir region, which has been the subject of a dispute between India and Pakistan since 1947. On its eastern side, Azad Kashmir is separated from the Indian–administered territory of Jammu and Kashmir by the Line of Control (LoC), which serves as the de facto border between the Indian- and Pakistani-controlled parts of Kashmir. Azad Kashmir borders with the Pakistani–administered Gilgit–Baltistan to the north; it shares borders with the Pakistani provinces of Punjab and Khyber Pakhtunkhwa to the south and west, respectively. Geographically, it covers a total area of 13,297 km (5,134 sq mi) and has a total population of over 4.045 million as per the 2017 national census.

The territory has a parliamentary form of government modelled after the British Westminster system, with the city of Muzaffarabad serving as its capital. The President of AJK is the constitutional head of state, while the Prime Minister, supported by a Council of Ministers, is the chief executive. The unicameral Azad Kashmir Legislative Assembly elects both the Prime Minister and President. The territory has its own Supreme Court and a High Court, while the Government of Pakistan's Ministry of Kashmir Affairs and Gilgit-Baltistan serves as a link between itself and Azad Jammu and Kashmir's government, although the autonomous territory is not represented in the Parliament of Pakistan.

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Indian-administered Kashmir in the context of Yahya Khan

Agha Muhammad Yahya Khan (4 February 1917 – 10 August 1980) was a Pakistani general who served as the third president of Pakistan from 1969 to 1971, under martial law. His presidency oversaw a civil war in East Pakistan, resulting in Bangladesh's secession. He also served as the fifth commander-in-chief of the Pakistan Army from 1966 to 1971.

A Pathan of Punjab, Khan was commissioned into the British Indian Army in 1939 and fought in the Second World War in the Mediterranean theatre. Following the Partition of British India, he joined the Pakistan Army and organized the Staff College, Quetta. In 1965, he played a vital role in executing Operation Grand Slam in Indian-administered Kashmir during the Second India–Pakistan War and was assigned to assume the army command in October 1966 by President Ayub Khan. In the wake of the 1968–1969 Pakistani protests, Ayub Khan resigned and transferred his authority to Yahya Khan.

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