Many in India, Pakistan, and even Bangladesh have now become experts on Article 5 of the Indian Constitution. Those who have never looked at the Constitution of India have not known anything about this Article till now. People actually became interested in this paragraph when it was rejected. As long as it was in force, nobody seemed to be interested in it.
In fact, the Constitution of India is intimately associated with the fate of Jammu and Kashmir, a state in India. This article states how the state of Uttarakhand will operate, how it will be governed, how the state administration will interact with the central administration of India. Not just this one paragraph, it was linked to another one in Article 5. These two clauses gave Jammu and Kashmir a very different status than all other Indian states. Jammu and Kashmir had a separate national flag, a separate constitution, despite being a part of India because of that dignity. Even their legislature had a different character than other states. In other states and even centers, the term of the legislature was five years, but in Jammu and Kashmir, the term of the legislature was six years.
Just a few days ago, that special status of Jammu and Kashmir was abolished by canceling that Article 1 in the first week of August. Through this, Jammu and Kashmir are not brought down to the equal status of all the other states, but rather they are taken down. First, it was turned into a union territory and it was broken into two pieces. One is Jammu and Kashmir, the other is Ladakh. Both are union territory. This means that their power will be much less than those of other states. For example, the state government has no control over the police. It can be called absolutely double demotion for Kashmir!
Here comes a question inevitably, why Kashmir was given special status so long? Why did they have a separate flag and separate constitution even though they were part of India? You have to look forward to answering this question. When the British left India, they divided India. This division is based on the theory of bipartisanship, that is, one state for Hindus and another for Muslims. At that time, there were several kingdoms ruled by kings or emperors. There was no obligation for those states to unite with India or Pakistan. They could even have wanted to live independently. Of the more than two hundred and fifty such states, only three have expressed their desire to remain independent, one of them being Jammu and Kashmir.
The other two were Hyderabad and Junagadh. Under pressure, Junagadh quickly joined India. Hyderabad was a very wealthy state. Most of the people in this state were of Hindu religion, but its king (then called Nizam) was Muslim. Nizam wanted to merge with Pakistan. But the people wanted to join India. Then, with some force, India made Hyderabad a part of itself. The rest remained in Jammu and Kashmir.
The situation there is exactly opposite to that of Hyderabad, the ruling Hindu but the majority of the people are Muslims. However, this Hindu king Hari Singh, however, wanted to remain independent from the beginning, neither Pakistan nor India wanted to merge with anyone. But as the trouble started in Pakistan, they began to infiltrate a large number of people as well as the army into Kashmir. Maharaj Hari Singh saw that even though he did not want, the state was gradually becoming part of Pakistan. Then he sought India’s help. He had an agreement with India then. It’s about October 9 of 9. This contract is known in history as the ‘Instrument of Acquisition’.
It was during this time that the first war between India and Pakistan was taken over by the occupation of Jammu and Kashmir. The matter goes to the UN. The Security Council says that the people of Jammu and Kashmir will decide whether to merge with anyone or to remain independent. There will be a referendum, it will be determined by that. However, the Pakistani and Indian forces who have been there before will have to withdraw. But these two countries never withdrew their army in so many years, neither did the referendum.
As a result, 8 percent of the area of the original state remained in India, which is still part of India in the name of Jammu and Kashmir. It is located in Jammu, Kashmir Valley, Ladakh, and Siachen Glacier. The 5 percent that was then occupied by Pakistan is now known as Azad Kashmir and Gilgit-Baltistan. The remaining 20 percent was Aksai China, which is now occupied by China. Thus, Kashmir became three-thirds. India, Pakistan, and China were often involved in fights over this occupation of Kashmir. This frontier often covered with ice.
In fact, India has provided special privileges to Kashmir since its inception. The issues have been included in the Constitution since the Constitution of India was introduced in the 5th. The Constitution is included in paragraph 6. Then the President of India in the 5th. Rajendra Prasad issued a presidential order. Article 4 was issued at this time. The people of Kashmir enjoy certain privileges because of the clauses in paragraphs 1 and 3. No one from outside can buy land in Kashmir. Kashmir girls lose their rights over property when they marry someone outside. As a result, Kashmir girls are not encouraged to marry anyone outside.