U.N.,Kashmir and Pakistan

PAKISTAN' political leadership 's challenges over deleting of Article 370  of Indian constitution has once again has turned into the most vital factors bedevilling their long term already  deteriorating relations. Pakistan government has openly opposed India's initiative to scrap the special privileges given to J&K  as s result of Instrument of treaty of Accession signed between the Government of India and then Maharaja of that state Hari Singh . As a result, kahmir was made a constituents unit of the Indian union by law,by equity and by every moral and political consideration.
        
    The instrument of Treaty of Accession and provision of Art.370 and 35A was the need of the hour and hence transitory. Thr content of the  article itself states that it is not permanent,rigid and fixed.Kashmir merger into Indian union like other 500 princely states was legal and constitutional. Indian parliament is hence sovereign to alter the boundary and name of any state enshrined under article 3 of the constitution of India.Union legislature for the sake of national interest ,msintaining unity and integrity of the nation and bringing uniformity in the constitutional law  had to take progresdive step to scrap 75 years old outdated article 370 which provided special status to the stste of J& K .The featherre of our constitution is mixture of rigidity and flexibilty..Nothing is fixed,constant and permanent  ,so does Article 370.Keeping in mind the preamble and rendering the welfare and developmental functions of the state by implementing Directive Principle of the State policy for the people of J&K it was  expedient for Indian parliamentary democracy to delete Article 370.
         Pakistan has been harping over kashmir since the integration of Kashmir into Indian union.During Indo-pak war over Kashmir in 1948  U.N.O called for withdrawal of both vountry's troops and brokered a ceasefirein1949.It drew a resolution calling for a referendum to decide Kashmir future .But India has been out rightly rejecting  the resolution.  The refrendum in the favour of India was expressed by the peace- loving  People of Kashmir in 1947when the state was  suddenly raided by Pak tribals and pashtuns aided and supported by Pak government. The democratic Kashmiri public opinion gave their consent to the then Maharaja Hari Singh and the popular political party  the National Conference to integrate with Indian union culminating into a legal Treaty of instrument of Accession on 26 thoctober 1947.They preferred a secular India to a th and authoritarian Pakistan.

Manoj Upadhyay