STUDY GUIDE- LOKSABHA
DPSG MUN2015
The Lok Sabha
Dear Delegates,
It is our distinct pleasure to welcome you to the The Lok Sabha at the maiden intra-MUN of DPS, Guwahati. Although we are not an international UN body, The Lok Sabha has enough of diverse personalities, making it a very intricate and detailed committee, sure to be packed with heated debate, which we are really looking forward to.
Delegates, it is in our hands to help our country overcome the current problems that we face from every aspect, the economic, as well as the social stigmas. We have to cut through towards a successful shining India. Come prepared to undergo the most fulfilling and exhilarating learning experience of your life.
We, as your chairs are expecting nothing short of diplomacy, and hope that all the delegates will not only look at one section of the society while coming to solutions for the problems at hand, but, instead, at the bigger picture; the picture filled with needs, demands, and dreams of all the 1.27 billion people who call this land their home!
If it is your first time, fear not! We will ensure a smoothly functioning committee and also a little bit of fun every now and then to keep you at your optimum. Also, a potential crisis promises to make this committee even more interesting than it already is!
Our Agenda, Article 370 of the Indian Constitution was handpicked by your chairs in consultation with the secretariat with the promise of fruitful debate. We hope to see exactly that when we meet in less than a month.
Please refer to the very comprehensive Background Guide which has been prepared for you.
Also, please do not hesitate to contact us for any queries pertaining to the agenda, or any questions regarding the proceeding of an MUN conference.
Wishing you all the best.
Yours Truly,
Stephen Irom Gatphoh
Co-Chairperson
Email:
+91 89740 04104
Dikshit Sarma Bhagabati
Co-Chairperson
Email:
+91 78962 25426
KNOW YOURAGENDA
Agenda: Discussion on Article 370 of the Constitution ofIndia
HISTORY OF JAMMU ANDKASHMIR
Hari Singh had ascended the throne of Kashmir in 1925 and was the reigning monarchattheconclusionofBritishruleinthesubcontinentin1947.Oneofthe conditions of the partition of India imposed by Britain was that the rulers of princely states would have the right to opt for either Pakistan or India orremain independent. In 1947, Kashmir's population was predominantly Muslim and it shared a boundary with both Dominion of Pakistan and Union of India. On 20 October 1947, tribesmen backed by Pakistan invadedKashmir.
TheMaharajainitiallyfoughtbackbutappealedforassistancetotheGovernor-GeneralLouis Mountbatten, who agreed on the condition that the ruleraccede to India. On 25 October 1947 Maharaja Hari Singh signed the Instrument ofAccession on 26 October 1947 and the Governor General of India accepted it on 27 October 1947. Once the Instrument of Accession was signed, Indian soldiersenteredKashmirwithorderstoevicttheraiders,buttheywerenotable toexpeleveryonefromthestatebythetimetheharshwinterstarted.Indiatook the matter to the United Nations. The UN resolution asked both India and Pakistan to vacate the areas they had occupied and hold a referendum under UN observation. The holding of this plebiscite, which India initially supported, was dismissed by India because the 1952 elected Constituent Assembly of Jammuand Kashmir voted in favor of confirming the Kashmir region's accession to India. Another reason for the abandonment of the referendum is because demographic changes after 1947 have been effected in Pakistan-administeredKashmir, as generations of Pakistani individuals non-native to the regionhave been allowed to take residence in Pakistan-administered Kashmir, in Jammu& Kashmir state of India, the demographics of the Kashmir Valley have been altered after separatist militants coerced 250,000 Kashmiri Hindus to leave the region.Moreover,PakistanfailedtowithdrawitstroopsfromtheKashmirregion as was required under the same U.N. resolution of 13 August 1948 which discussed theplebiscite.
DiplomaticrelationsbetweenIndiaandPakistansouredformanyotherreasons and eventually resulted in three further wars in Kashmir the Indo-PakistaniWarof1965, the Indo-Pakistan War of 1971 andthe
Kargil War in 1999. India has control of 60% of the area of theformer
Princely State of Jammu and Kashmir (Jammu,Kashmir Valley, and Ladakh); Pakistancontrols30%oftheregion(Gilgit–BaltistanandAzadKashmir).China occupied 10% (Aksai Chin) of the state in1962.
The eastern region of the erstwhile princely state of Kashmir has also been beset with a boundary dispute. In the late 19th- and early 20th centuries, althoughsomeboundaryagreementsweresignedbetweenGreatBritain,Tibet, Afghanistan and Russia over the northern borders of Kashmir, China never accepted these agreements, and theofficial
Chinese position did not change with the communist revolution in1949.
By the mid-1950s the Chinese army had entered the northeast portion of Ladakh.
By 1956–57 they had completed a military road through the Aksai Chin area to provide better communication between Xinjiang and western Tibet. India's belated discovery of this road led to border clashes between the two countries that culminated in the Sino-Indian war of October 1962. China has occupied Aksai Chin since 1962 and, in addition, an adjoining region, the Trans-Karakoram Tract was ceded by Pakistan to China in1963.
For intermittent periods between 1957, when the state approved its own Constitution,andthedeathofSheikhAbdullahin1982,thestatehadalternating spells of stability and discontent. In the late 1980s, however, simmering discontent over the high-handed policies of the Union Government and allegations of the rigging of the 1987 assembly elections triggered a violent uprising, which was backed byPakistan.
Members of Parliament, you must keep in mind this history when you come for Session in August, and be well researched into the ongoing activities in the Valley. It is your primary objective to ensure a better future to the people of Jammu &Kashmir.
THETEXTOFARTICLE370OFTHECONSTITUTIONOFINDIA Article370ofthe Constitution ofIndia
1.Notwithstanding anything in thisConstitution:
the provisions of article 238(now repealed) shall not apply in relation to the State of Jammu andKashmir,
a)The power of Parliament to make laws for the said State shall be limited to;
i.Those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared bythe
President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
ii.Such other matters in the said Lists, as, with the concurrence of the Government of the State, the President may by orderspecify.
b)Explanation—For the purpose of this article, the Government of the State means the person for the time being recognized by the President as the Maharajah of Jammu and Kashmir acting on the advice oftheCouncil of Ministers for the time being in office under theMaharaja’s Proclamation dated the fifth day of March,1948;
c)Theprovisionsofarticle1andofthisarticleshallapplyinrelationtothisState;
d)d. Such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify i. Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to inparagraph
(i.) of sub-clause (a) shall be issued except in consultation with theGovernment of theState:
(ii.) Provided further that no such order which relates to matters other thanthose referred to in the last preceding proviso shall be issued except with the concurrence of theGovernment.
2.IftheconcurrenceoftheGovernmentoftheStatereferredtoinparagraph
(ii.) of sub-clause (a) ofclause
(1)or in second proviso tosub-clause
(d) of that clause be given before the Constituent Assembly for the purpose of framingtheConstitutionoftheStateisconvened,itshallbeplacedbeforesuch Assembly for such decision as it may takethereon.
3.Notwithstanding anything in the foregoing provisions of the article, the President may, by public notification, declare that this article shall cease to be operativeorshallbeoperativeonlywithsuchexceptionsandmodificationsand from such date as he maynotify:
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.
4.In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the explanation incl.In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly ofthe
StateofJammuandKashmir,declaredthat,asfromthe17thdayofNovember, 1952, the said art. 370 shall be operative with the modification that for the explanation in cl.(1) thereof the following Explanation is substitutednamely:
Explanation—For the purpose of this Article, the Government of the State means the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the *Sadar-I- Riyasat of Jammu and Kashmir, acting on the advice of Council of Ministers of the State for the time being inoffice.
INDIRA-SHEIKHACCORD
1974 Indira–Sheikh accord was signed by on behalf of Sheikh Abdullah and then Prime Minister of IndiaIndira Gandhi whereby Sheikh became the chief ministerofJammuandKashmiragainafter11years.Thetextoftheagreement is reproducedbelow:
1.TheStateofJammuandKashmirwhichisaconstituentunitoftheUnion of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution ofIndia.
2.TheresiduarypowersoflegislationshallremainwiththeState;however, Parliament will continue to have power to make laws relating to the prevention of activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian NationalAnthem and theConstitution.
3.Where any provision of the Constitution of India had been applied to the State of Jammu and Kashmir with adaptation and modification, such adaptations and modifications can be altered or repealed by an order of the President under Article 370, each individual proposal in this behalf being considered on its merits; but provisions of the Constitution of India already applied to the State of Jammu and Kashmir without adaptation or modification areunalterable.
4.With a view to assuring freedom to the State of Jammu and Kashmir to have its own legislation on matters like welfare measures, cultural matters, social security, personal law and procedural laws, in a manner suited to the special conditions in the State, it is agreed that the State Government can reviewthelawsmadebyParliamentorextendedtotheStateafter1953onany
matter relatable to the Concurrent List and may decide which of them, in its opinion, needs amendment or repeal. Thereafter, appropriate steps may be taken under Article 254 of the Constitution of India. The grant of President’s assent to such legislation would be sympathetically considered. The same approachwouldbeadoptedinregardtolawstobemadebyParliamentinfuture under the Provision to clause 2 of the Article. The State Government shall be consulted regarding the application of any such law to the State and the views of the State Government shall receive the fullestconsideration.
5.As an arrangement reciprocal to what has been provided under Article 368, a suitable modification of that Article as applied to State should be made by Presidential order to the effect that no law made by the Legislature of the StateofJammuandKashmir,seekingtomakeanychangeinorintheeffectof anyprovisionofConstitutionoftheStateofJammuandKashmirrelatingtoany of the under mentioned matters, shall take effect unless the Bill, having been reservedfortheconsiderationofthePresident,receiveshisassent;thematters are:
a. The appointment, powers, functions, duties, privileges and immunities of the Governor,and
b. The following matters relating to Elections namely,theSuperintendence,directionandcontrolofElectionsbytheElectionCommission of India, eligibility for inclusion in the electoral rolls without discrimination, adult suffrage and composition of the Legislative Council, being matters specified in sections 138,139, 140 and 50 of the Constitution of the State of Jammu and Kashmir.
6.No agreement was possible on the question of nomenclature of the Governor and the Chief Minister and the matter is therefore remitted to the Principals.
IMPLICATIONS OF ARTICLE 370 OF THE CONSTITUTION OF INDIA This articlespecifies that except for Defense, Foreign Affairs, Finance and Communications,(matters specified in the instrument of accession) the IndianParliament needs the State Government's concurrence for applying all other laws. Thus the state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to otherIndians.
SimilarprotectionsforuniquestatusexistintribalareasofIndiaincludingthose in Himachal Pradesh,Arunachal Pradesh,AndamanNicobar Islands and Nagaland. The Government of India vide 1974Indira-Sheikh accord committed itself to keeping the relationship between the Union and Jammu and Kashmir State within the ambit of this article.
The 1974 Indira-Sheikh accord mentions that “The State of Jammu and KashmirwhichisaconstituentunitoftheUnionofIndia,shall,initsrelationwith
The Union, continue to be governed by Article 370 of the Constitution of India”
.
IndiancitizensfromotherstatesandwomenfromJammuKashmirwhomarry men from other states cannot purchase land or property in Jammu &Kashmir.
Sheikh Mohammad Abdullah, the state's 'Prime Minister' and leader of the Muslims in the Vale, found the inclusion of Article 370 in the 'Temporary and TransitionalProvisions'oftheConstitution'sPartXXIunsettling.Hewanted'iron clad guarantees of autonomy'. Suspecting that the state's special status might be lost, Abdullah advocated independence from India, causing New Delhi to dismiss his government in 1953, and place him under preventivedetention.
Some argue that the President may, by public notification under article 370(3), declare that Article 370 shall cease to be operative and no recommendation of theConstituentAssemblyisneededasitdoesnotexistanylonger.Otherssay it can be amended by an amendment Act under Article 368 of the Constitution andtheamendmentextendedunderArticle370(1).Art.147oftheConstitution of Jammu and Kashmir states no Bill or amendment seeking to make any change in the provisions of the constitution of India as applicable in relation to the State; shall be introduced or moved in either house of the Legislature. As per Art. 5 of the Constitution of Jammu and Kashmir the executive and legislative power of the State extends to all matters except those with respect towhichParliamenthaspowertomakelawsfortheStateundertheprovisions of the Constitution of India as applicable in relation to thisstate.
PART XXI OF THE CONSTITUTION OF INDIA (forreference)
Part XXI consists of Articles on Temporary, Transitional and Special Provisions. Articles 369 - 378A on Temporary, Transitional and Special ProvisionsArticle379-391-Repealed-ReplacedbytheConstitution(Seventh Amendment) Act,1956.
DEMAND FOR ABROGATION OF ARTICLE370
Equally valid arguments are forwarded by those in favour of and those against its abrogation. Those in favour argue that it has created certain psychological barriers.TheysaythatitistherootcauseofalltheproblemsinJ&K.Thefurther believe that it is this Article 370 which encourages secessionist activitieswithin J&K and other parts of the country. They say, at the time of enactment, it was a temporary arrangement which was supposed to erode gradually. They also argue that it acts as a constant reminder to the Muslims of J&K that they have still to merge with thecountry.
Those against its abrogation forward the following arguments. They contend that that Abrogation will have serious consequences. It will encourage
Secessionists to demand plebiscite which will lead to internationalisation of the issue of J&K. They further argue that the contention of Article giving rise to secessionistactivitiesisbaselessasstateslikeAssamandPunjab,whichdon’t have any special status have experienced such problems. It would not only constitute a violation of the solemn undertaking given by India through the instrument of accession, but would also give unnecessary misgivings in the minds of the people of J&K, making the issue moresensitive.
LK ADVANI- OMAR ABDULLAH SPAT OVER ARTICLE370
National Conference working president and Jammu andKashmir
Chief Minister Omar Abdullah was the first Kashmiri rabble-rouser to use abusive language against the BJP leaders of mass experience. Omar Abdullah, who invariably speaks the language of Pakistan despite being the executive head of the State, warned the BJP leadership that Article 370couldbeabrogatedonlyovertheir‘deadbodies’.Headministeredthe warning and demanded resumption of a ‘sustained and meaningful’ dialogue with Pakistan on June 25 in the presence of the Prime Minister ManmohanSinghwho,asexpected,keptmum.TheconductofthePrime Minister gave everyone to understand that he was perhaps in complete accordwithOmarAbdullah,whohadbeencreatingproblemafterproblem for India since January 2009, when the National Conference and the Congress formed a coalition Government in Jammu andKashmir.
LKAdvanirepliedtoOmar’saccusationthroughhisblogand impressively wrote thefollowing:
Ayyangar found himself a lone defender with Maulana Azad an ineffectivesupporter”.
According to Shankar, “In the party, there was a strong body of opinion which looked askance at any suggestion of discrimination between the Jammu and Kashmir State and other States as members of the future Indian Union and was not prepared to go beyond certain limits in providing for the special position ofJammu andKashmir.
“Sardar was himself fully in accord with this opinion, but due to his usual policy of not standing in the way of Pandit Nehru and Gopalaswamy Ayyangar who sorted out problems in their own light,he had kept his own views in the background. In fact, he hadnot taken any part in framing the draft proposals with theresult that he heard the proposals only when Gopalaswamy Ayyangar announced them to the CongressParty.”
Extremely upset with the rough reception he had received at the Congress Parliamentary Party, Ayyangar rushed to Sardar Patel for help. Sardar Patel had another meeting of the Congress Parliamentary Partyconvened.
Shankar reports: “The meeting was one of the stormiest I have ever witnessed. Even Maulana Azad was shouted down. It was left to Sardarto bring the discussion down to the practical plane and to plead that because of the international complications, a provisional approach alone could bemade.”
“Reluctantly, it seems, the Congress Party fell in line with the Sardar’s wishes. Indeed it is this that explains why in the Constituent Assemblythe discussion on this provision was so vapid and sketchy. Apart from Ayyangar’s own speech, there was not a single worthwhile intervention, either for, oragainst.”
It transpires that even while Sardar Patel and Ayyangar wereexerting hard to make the Congress Party agree to the draft proposalsasdrawn up by Ayyangar and Sheikh Abdullah with Pandit Nehrubeforehis departure to abroad, Sheikh started having second thoughts about the agreed draftitself.