Constituent assembly of Jammu and Kashmir
Encyclopedia
Constituent assembly of Jammu and Kashmir was a body of representatives elected in 1951 to write the constitution of Jammu and Kashmir
.
and the abandonment of British suzerainty
over the 562 Indian princely state
s. According to the Indian Independence Act 1947
, "the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States", so the states were left to choose whether to join India or Pakistan or to remain independent. Jammu and Kashmir
had a predominantly Muslim population but a Hindu ruler, and was the largest of the princely states. Its ruler was the Dogra King Hari Singh
.
In October 1947, Pakistani tribals invaded Kashmir intending to liberate it from Dogra rule. Unable to withstand the invasion, the Maharaja signed The Instrument of Accession
that was accepted by the Government of India
on October 27, 1947. India subsequently sent its forces into Kashmir leading to Indo-Pakistani War of 1947
. In January 1948 India moved the U.N. which led to United Nations Security Council Resolution 47
of April 21, 1948. This resolution required among other things that Pakistan
withdraw from the areas of Jammu and Kashmir
which it had occupied in 1947 immediately and conditions be created for a free and impartial plebiscite to decide the future of the state.
which was the largest political party in the state recommended convening the constituent assembly in a resolution passed on October 27, 1950. On May 1, 1951 Karan Singh
then Head of state of Jammu and Kashmir
issued a proclamation directing the formation of this assembly. The assembly was to be constituted of elected representatives of the people of the state. For purposes of this election the state was divided into constituencies containing population of 40,000 or as near thereto as possible and each electing one member. The United Nations Security Council
stated in its resolution 91 dated March 30, 1951 that it would not consider elections held only in Indian administered Kashmir to be a substitute for a free and impartial plebiscite including the people of the entire state Jammu and Kashmir.
Polls were conducted in Indian administered Kashmir in August-September 1951. Jammu & Kashmir National Conference
won 75 seats under the leadership of Sheikh Abdullah. On October 31, 1951 he addressed the assembly for the first time and called on it to frame the states constitution and to give a 'reasoned conclusion regarding accession'.
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
.
Background
In 1947, British rule in India ended with the creation of two new nations, the Union of India and the Dominion of PakistanDominion of Pakistan
The Dominion of Pakistan was an independent federal Commonwealth realm in South Asia that was established in 1947 on the partition of British India into two sovereign dominions . The Dominion of Pakistan, which included modern-day Pakistan and Bangladesh, was intended to be a homeland for the...
and the abandonment of British suzerainty
Suzerainty
Suzerainty occurs where a region or people is a tributary to a more powerful entity which controls its foreign affairs while allowing the tributary vassal state some limited domestic autonomy. The dominant entity in the suzerainty relationship, or the more powerful entity itself, is called a...
over the 562 Indian princely state
Princely state
A Princely State was a nominally sovereign entitity of British rule in India that was not directly governed by the British, but rather by an Indian ruler under a form of indirect rule such as suzerainty or paramountcy.-British relationship with the Princely States:India under the British Raj ...
s. According to the Indian Independence Act 1947
Indian Independence Act 1947
The Indian Independence Act 1947 was as an Act of the Parliament of the United Kingdom that partitioned British India into the two new independent dominions of India and Pakistan...
, "the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States", so the states were left to choose whether to join India or Pakistan or to remain independent. Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
had a predominantly Muslim population but a Hindu ruler, and was the largest of the princely states. Its ruler was the Dogra King Hari Singh
Hari Singh
Maharaja Hari Singh was the last ruling Maharaja of the princely state of Jammu and Kashmir in India.He was married four times...
.
In October 1947, Pakistani tribals invaded Kashmir intending to liberate it from Dogra rule. Unable to withstand the invasion, the Maharaja signed The Instrument of Accession
Instrument of Accession (Jammu and Kashmir)
The Instrument of Accession is a legal document executed by Maharajah Hari Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947...
that was accepted by the Government of India
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
on October 27, 1947. India subsequently sent its forces into Kashmir leading to Indo-Pakistani War of 1947
Indo-Pakistani War of 1947
The India-Pakistan War of 1947-48, sometimes known as the First Kashmir War, was fought between India and Pakistan over the princely state of Kashmir and Jammu from 1947 to 1948. It was the first of four wars fought between the two newly independent nations...
. In January 1948 India moved the U.N. which led to United Nations Security Council Resolution 47
United Nations Security Council Resolution 47
United Nations Security Council Resolution 47, adopted on April 21, 1948, after hearing arguments from both India and Pakistan the Council increased the size of the Commission established by United Nations Security Council Resolution 39 to five members, instructed the Commission to go to the...
of April 21, 1948. This resolution required among other things that Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
withdraw from the areas of Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
which it had occupied in 1947 immediately and conditions be created for a free and impartial plebiscite to decide the future of the state.
Elections
When the required withdrawal did not occur for several years Jammu & Kashmir National ConferenceJammu & Kashmir National Conference
The Jammu & Kashmir National Conference is a State political party in the state of Jammu and Kashmir, India. Led at the time of Indian Independence in 1947 by Sheikh Abdullah, it dominated electoral politics in the state for many decades...
which was the largest political party in the state recommended convening the constituent assembly in a resolution passed on October 27, 1950. On May 1, 1951 Karan Singh
Karan Singh
Karan Singh is an MP in the Rajya Sabha, a senior member of the ruling Indian National Congress Party serving as Chairman of the Foreign Affairs Department, President of the Indian Council for Cultural Relations , India's Ambassador to UNESCO, Chairman of the Auroville Foundation and of the Temple...
then Head of state of Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
issued a proclamation directing the formation of this assembly. The assembly was to be constituted of elected representatives of the people of the state. For purposes of this election the state was divided into constituencies containing population of 40,000 or as near thereto as possible and each electing one member. The United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
stated in its resolution 91 dated March 30, 1951 that it would not consider elections held only in Indian administered Kashmir to be a substitute for a free and impartial plebiscite including the people of the entire state Jammu and Kashmir.
Polls were conducted in Indian administered Kashmir in August-September 1951. Jammu & Kashmir National Conference
Jammu & Kashmir National Conference
The Jammu & Kashmir National Conference is a State political party in the state of Jammu and Kashmir, India. Led at the time of Indian Independence in 1947 by Sheikh Abdullah, it dominated electoral politics in the state for many decades...
won 75 seats under the leadership of Sheikh Abdullah. On October 31, 1951 he addressed the assembly for the first time and called on it to frame the states constitution and to give a 'reasoned conclusion regarding accession'.