The reality of Article 370 in Indian Constitution

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The reality of Article 370 in Indian Constitution Empty The reality of Article 370 in Indian Constitution

Post by Seva Lamberdar on Tue Apr 09, 2019 8:06 am

The Article 370 in Indian context is roughly like someone assisting and saving a person who willingly surrenders to the former for the sake of protection and safety during an attack, robbery and molestation by an intruder and then, after the outside attack is thwarted and the victim is safe, the person helping and saving the victim officially grants to the latter an equal partnership on his own rights and holdings while the victim's rights and holdings are kept officially separate and outside the equal partnership with respect to the former (savior).  ...  (a comment to "The Importance Of Article 370 Of The Indian Constitution" --  http://creative.sulekha.com/the-importance-of-article-370-of-the-indian-constitution_636207_blog)
Seva Lamberdar
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The reality of Article 370 in Indian Constitution Empty Re: The reality of Article 370 in Indian Constitution

Post by Seva Lamberdar on Wed Apr 10, 2019 10:34 am

After various states in Indian sub-continent gained independence from Britain in 1947 while creating the new country Pakistan and leaving the rest as India, the leaders from India and Pakistan approached Kashmir to join their respective countries, but Kashmir decided to stay as an independent nation.

Even though India respected and assured Kashmir on its independence and sovereignty, Pakistan did not. Pakistani leaders, to avoid a direct confrontation with the British (with Lord Mountbatten et al. still around in India following the Independence) in case the official Pakistani army tried to attack and take over Kashmir, then approached and sought the help of Pakistan's frontier chiefs and their private military outfits in attacking and taking over Kashmir for Pakistan, which they did, for personal material and other gains, while transferring a large chunk of Kashmiri territory to Pakistani control.

In the meantime, during attack from Pakistan, Kashmir sought protection and safety from India by becoming its part. India, through its army, then halted the invasion on Kashmir from Pakistan. Later, Pakistan handed over a large piece of Kashmiri territory under its control to China (about 1.25 million acres) in 1963. Suffice to say, due basically to the earlier invasion of Kashmir by Pakistan, Kashmir presently lies trifurcated, with a piece each under the control of Pakistan, India and China.

Needless to say, where is the scope for Article 370 in Indian Constitution?
Seva Lamberdar
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