Constitutional History of Jammu and Kashmir: An Analysis of Its Integration with India

Abstract

A new era began in the political history of India when Indian Independence Act, 1947 was passed and a territory named Dominion of Pakistan unfortunately seceded from British India. More than 550 Princely States were existing at that time wherein the administrative structure was completely different from the administration of British India. With the end of British rule coming near, efforts were taking place to bring the uniformity in governance system and to secure a progressive constitutional structure. This process of coming together of States under an umbrella of uniform government set up in the Dominion of India has been referred to as accession by political theorists, where the rule of law in coming future will be governed by a constitution, which was in making at that time at federal level. Erstwhile State of Jammu & Kashmir (hereinafter referred to as J&K) was no different from other States who joined the Dominion of India through an Instrument of Accession. Over the passage of time, some constitutional developments took place in J&K in allegedly surreptitious manner which changed the course of development for the erstwhile State as well as its residents. In last seven decades, J&K lagged behind in sphere of public policy, governance, transparency and accountability if compared to other hilly States in the northern region. This paper shall be an attempt to survey all the legal and constitutional aspects that played an important role in the process of integration of J&K. Changes that occurred post 5th August 2019 in J&K will also be examined dispassionately.