In this Fifth edition of the work, indepth study has been made into the circumstances which led to the creation of the State of Jammu and Kashmir, the effect of its creation and the influence of other factors on the development of its Constitution. The promulgation of the Jammu and Kashmir Constitution Act, 1939, its salient features and the factors which led to the enactment of the Act have also been considered. The accession of the State of Jammu and Kashmir to India which has been a matter of some political controversy has been dealt with in detail. Since, significant development occurred in Jammu and Kashmir, subsequent to its accession to India which made its constitutional position different from that of other Indian States, and other factors have been discussed. The full constitutional position different from that of other Indian States, and other factors have been discussed. The full constitutional position of the State of Jammu and Kashmir, cannot be understood by a reference to the Constitution of Jammu and Kashmir alone, and recourse has to be made to the Constitution of India so far as it applies to the State. The ambit and scope of Article 370 of the Constitution of India has been examined. Various Presidential Orders and Ordinances applying different provisions of the Constitution of India to the State have been noticed and commented upon. Section-wise comments have been made in the Constitution of Jammu and Kashmir, 1957, as amended from time to time. The comments on the constitutional provisions have been made by referring the latest case laws on the subject. Why the Constitution of India was not made fully applicable to the State of Jammu and Kashmir like the rest of the States of India? Why the State was allowed to have a Constitution of its own? What were the factors which led the State to have its own Constitution and to secure a special status in the Indian Union? Has the peculiarity in Kashmir led to any great hardship? These are some of the questions which have been answered in this book. Reference to the corresponding or relevant articles of the Constitution of India has also been made to enable the reader to appreciate the provisions of the Constitution of Jammu and Kashmir. Various sections of the Constitution of Jammu and Kashmir. Various sections of the constitution of Jammu and Kashmir have been discussed with reference to up-to-date case laws on the subject.
ABOUT THE AUTHOR A S Anand
Born on 1st November, 1936 in Jammu, Justice Anand graduated from J & K University in 1958 and obtained his LL.B. Degree and Diploma in Labour Laws from Lucknow University in 1960 with first division, and Degree of Doctor of Philosophy in Laws (Constitutional Law of the Commonwealth) from London University in 1963. He was called to the Bar from the Hon'ble Society of Inner Temple in London in 1964. Practiced Law in Punjab and Haryana High Court in Chandigarh. Justice Anand was first appointed as additional Judge of J and K High Court on 26-5-1975 when he was 38 years and 6 months only. Later he was confirmed as permanent Judge in 1976. Apponted as Acting chief Justice, High Court of J & K in June 1984, and Chief Justice of same High Court in May 1985. He was also Chief Justice of High Court of Madras from November 1989 till November 1991. Elevated to the Bench of the Hon'ble Supreme Court of India in 1991 and became Chief Justice of India with effect from 10th October, 1998 till 1st November, 2001. He is elected Chairperson, National Human Rights Commission w.e.f. 17th February, 2003. He was Executive Chairman and later on Patron of the National Legal Services Authority of India. While he was Judge and Chief Justice of the High Court of Jammu & Kashmir he headed various Enquiry and Investigative Commissions. He had been a part-time Lecturer at Punjab University, Chandigarh and Member of the Board of Studies, Faculty of Laws at Kashmir University and Jammu University and Member of the Governing Body of Islamia College, Srinagar. He participated in various National and International Conferences, notable among them being the Appellate Judges conference at Manila (Philippines) in 1977; at New Delhi in 1984; The Law Asia Conference in 1984 and 1986; SAARC Law Conference at New Delhi in 1994; World Wide Common Law Judiciary Conference, 2nd, 3rd and 4th held at Washington in 1997, at Edinburgh (Scotland) in 1999 and Canada in 2001 respectively; SAARC Chief Justices' conference at Colombo, Sri Lanka in October 1998; Chief Justices' Conference and SAARC Law Conference at New Delhi in 1994; World Wide Common Law Judiciary Conference, 2nd, 3rd and 4th held at Washington in 1997, at Edinburgh (Scotland) in 199 and Canada in 2001 respectively; SAARC Chief Justices' Conference at Colombo, Sri Lanka in October 1998; Chief Justices' Conference at Nepal (2000); Law Asia Conference of Chief Justices at Seoul (1999) and in Newzealand (2001). He authored the books titled "The Constitution of Jammu and Kashmir-Its Development and comments" and "Justice for Women-Concerns and Expressions"; written various Articles on Legal Issues particularly about protection of Human Rights. He was unanimously elected as President of the International Institute of Human rights Society (Regd.) in 1996; Awarded the Degree LL.D. (Honoris Causa) by Lucknow University (1996), by Punjab University Chandigarh (2001) and by Banaras Hindu University (2003); Awarded Fellowship of the University College, London (1997); Elected as Hony, Bencher of the Hon'ble Society of Inner Temple, London (1998); Awarded Degree of D.Litt. (Honoris Causa) by Jammu University (1999); Awarded Honorary Fellowship for Life by the Society of Advanced Legal Studies, London (2000); Law Asia conference of Chief Justices at Seoul (1999) and in Newzealand (2001). He authored the books titled "The Constitution of Jammu and Kashmir-Its Development and Comments" and "Justice for Women-Concerns and Expressions"; written various Articles on Legal Issues particularly about protection of Human Rights. He was unanimously elected as President of the International Institute of Human Right Society (Regd.) in 1996; Awarded the Degree LL.D. (Honoris Causa) by Lucknow University (1996), by Punjab University Chandigarh (2001) and by Banaras Hindu University (2003); Awarded Fellowship of the University College, London (1997); Elected as Hony. Bencher of the Hon'ble Society of Inner Temple, London (1998); Awarded Degree of D.Litt. (Honoris Causa) by Jammu University (1999); Awarded Honorary Fellowship for Life by the Society of Advanced Legal Studies, London (2000); Recipient of Shiromani Award 2002; Awarded Degree of LL.D. (Honoris Causa) by Banaras Hindu University on 29th November, 2003 for Achievements and Contribution to the Development of Law and Protection of Human Rights; Recipient of Plaque of Honour from University of Lucknow "for outstanding contribution to the Country and Society" on 25th November, 2004.
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