Constituent Assembly of Jammu and Kashmir was a body of representatives elected in 1951 to formulate the constitution of
Jammu and Kashmir. The Constituent Assembly was dissolved on 26 January 1957, based on Mir Qasim resolution it adopted and ratified on 17 November 1956.
Background
In 1947, British rule in India ended with the creation of two new nations—
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
and
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
—and the abandonment of British
suzerainty
Suzerainty () is the rights and obligations of a person, state or other polity who controls the foreign policy and relations of a tributary state, while allowing the tributary state to have internal autonomy. While the subordinate party is cal ...
over the 562 Indian
princely state
A princely state (also called native state or Indian state) was a nominally sovereign entity of the British Raj, British Indian Empire that was not directly governed by the British, but rather by an Indian ruler under a form of indirect rule, ...
s. According to the
Indian Independence Act 1947
The Indian Independence Act 1947 947 CHAPTER 30 10 and 11 Geo 6is an Act of the Parliament of the United Kingdom that partitioned British India into the two new independent dominions of India and Pakistan. The Act received Royal Assent on 18 J ...
, "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
The Dogras or Dogra people, are an Indo-Aryan ethno-linguistic group in India and Pakistan consisting of the Dogri language speakers. They live predominantly in the Jammu region of Jammu and Kashmir, and in adjoining areas of Punjab, Himachal ...
King
Hari Singh
Maharaja Sir Hari Singh (September 1895 – 26 April 1961) was the last ruling Maharaja of the princely state of Jammu and Kashmir (princely state), Jammu and Kashmir.
Hari Singh was the son of Amar Singh and Bhotiali Chib. In 1923, followi ...
.
In October 1947, Pashtun tribals at the behest of the Pakistani government, invaded Kashmir. Unable to withstand the invasion, the Maharaja signed The
Instrument of Accession on 26 October 1947 and that was accepted by the
Government of India
The Government of India (ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, c ...
on 27 October 1947.
[In 1956 the Constituent Assembly finalised its constitution, which declared the whole of the former Princely State of Jammu and Kashmir to be 'an integral part of the Union of India'. Elections were held the next year for a Legislative Assembly. Detailed constitutional changes were made in later years, which further normalised the state’s relationship with India]
Kashmir:Research Paper 04/28 by Paul Bowers
, House of Commons Library
The House of Commons Library is the library and information resource of the lower house of the British Parliament. It was established in 1818, although its original 1828 construction was destroyed during the burning of Parliament in 1834.
Th ...
, United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, 2004-03-30 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
The United Nations Security Council Resolution 47, adopted on 21 April 1948, concerns the resolution of the Kashmir conflict. After hearing arguments from both India and Pakistan, the Council increased the size of the UN Commission created by t ...
of 21 April 1948. This resolution required among other things that
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
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.
Elections
When the required withdrawal did not occur for several years
Jammu & Kashmir National Conference
The Jammu & Kashmir National Conference (JKNC) is a regional political party in the Indian union territories of Jammu and Kashmir and Ladakh. Founded as the ''All Jammu and Kashmir Muslim Conference'' by Sheikh Abdullah and Chaudhry Ghulam A ...
which was the largest political party in the state recommended convening the constituent assembly in a resolution passed on 27 October 1950.
[United Nations Security Council Resolution 91 (1951)of 30 March 1951](_blank)
United Nations High Commissioner for Refugees
The United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and protect refugees, forcibly displaced communities, and stateless people, and to assist in their voluntary repatriation, local integrati ...
On 1 May 1951
Karan Singh
Karan Singh (born 9 March 1931) is an Indian politician and philosopher. He is the son of the last ruling Maharaja of the princely state of Jammu and Kashmir, Sir Hari Singh. He was the prince regent of Jammu and Kashmir until 1952. From 19 ...
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
The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ...
stated in its
resolution 91 dated 30 March 1951 that it would not consider these elections to be a substitute for a free and impartial plebiscite to the people of Jammu and Kashmir.
However, the 1951 elections were said to be totally rigged.
Polls were conducted in Indian administered Kashmir in August–September 1951. There were no women registered as voters in 1951 Jammu and Kashmir elections. But there was one woman who contested who lost her deposit.
Jammu & Kashmir National Conference
The Jammu & Kashmir National Conference (JKNC) is a regional political party in the Indian union territories of Jammu and Kashmir and Ladakh. Founded as the ''All Jammu and Kashmir Muslim Conference'' by Sheikh Abdullah and Chaudhry Ghulam A ...
won all the 75 seats under the leadership of
Sheikh Abdullah
Sheikh Mohammad Abdullah (5 December 1905 – 8 September 1982) was an Indian politician who played a central role in the politics of Jammu and Kashmir Abdullah was the founding leader of the All Jammu and Kashmir Muslim Conference (later rena ...
. On 31 October 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'.
Actions
On 15 February 1954 the assembly members who were present cast a unanimous vote ratifying the state's accession to India. The constituent assembly was later dissolved.
[In 1952 the elected and overwhelmingly Muslim Constituent Assembly of Jammu and Kashmir, led by the popular Sheikh Mohammed Abdullah, voted in favour of confirming accession to India. Thereafter, India regarded this vote as an adequate expression of popular will and demurred on holding a plebiscite. GlobalSecurity.org] Constitution was drafted which came into force on 26 January 1957. Part II, section (3) of the constitution states 'The State of Jammu and Kashmir is and shall be an integral part of the Union of India'. In 1956 the Constituent Assembly finalised its constitution, which declared the whole of the former Princely State of Jammu and Kashmir to be 'an integral part of the Union of India'. Elections were held the next year for a Legislative Assembly.
Dissolution
The Constituent Assembly adopted and ratified Mir Qasim resolution to dissolve itself on 17 November 1956. According to this resolution, the Constituent Assembly of Jammu and Kashmir ceased to exist on 26 January 1957.
References
{{Reflist
1950s in Jammu and Kashmir
Constituent assemblies