Agreement 370

The historic Simla Agreement, signed by Indian Prime Minister Indira Gandhi and Pakistani President Zulfikar Ali Bhutto in July 1972, established that the issue should be resolved bilaterally. This principle has been followed by various successive agreements between Indian and Pakistani leaders. The two sides were closest to an agreement when the Lahore Declaration in February 1999, under Indian Prime Minister Atal Bihari Vajpayee and his Pakistani counterpart Nawaz Sharif. However, the results were alerted after the conflict that broke out in Kargil in May 1999. The two sides met several times after the war, but failed to reach consensus each time. In addition, militancy and the explosion of violence have made the problem even more complex. Over the years, the region has been involved in numerous border battles, an altitude war in 1999 (known as the Kargil conflict) between countries and a Pakistan-backed insurgency in Jammu and Kashmir that has existed since 1988. At present, the Indian government states that Jammu and Kashmir “are an integral part of India and are a strictly Indian issue” and that any dispute with Pakistan should be resolved bilaterally. Pakistan, for its part, considers India`s recent outreach operations to be a “violation of UN Security Council resolutions on Kashmir and bilateral agreements between Pakistan and India such as the 1972 Shimla Agreement and the Lahore Declaration” and wants to internationalize the dispute in a global forum.

Constitutional rights defender Faizan Mustafa characterized the 1947 agreement (known as the membership instrument) that the Maharajah of Kashmir decided to join India as one between two sovereign states – in other words, it has the character of an international treaty. He says the repeal of Section 370 may allow the Indian government to interpret Kashmir as a sovereign state before the agreement. Under the Constitution, section 370 could only be amended with the agreement of the “state government.” But for more than a year, there has been little more state government in Jammu and Kashmir. Article 370 was a lack of foresight of Pandit Nehru, who was influenced by Sheikh Abdulla to elaborate this article in the Asembly Constitution. It was a failure in conflict of Nehru, who dreamed only of forging an international image for himself. His approach was vehemently rejected by the then Minister of Justice, Baba Saheb Ambedkar, who did not say that it would be useful for him to sign such an anti-India article. Nehru took the help of Sardar Patel to convince the Constituent Assembly which, against its own judgment, decided to save Nehru from the mistrust that the former prime minister had in the ground of the house. Nehru lacked foresight not only in its relations with Kashmir, but also in its pancheel agreement with China, which led to the Blunder of the Himalayas. 370. All the provisions of this Constitution, amended from time to time, without amendments or exceptions, apply to the State of Jammu and Kashmir, without prejudice to a violation of Article 152 or Article 308 or another article of that Constitution or other provision of the Constitution of Jammu and Kashmir, or a law, document, judgment, regulation, regulation, rule, regulation, regulation, notification, custom or use of legal force on the territory of India or any other instrument , a section 363 contract or agreement or any other means.

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