There exists a constitution of Jammu and Kashmir that was approved and adopted on November 17, 1956 and came into effect on January 26, 1957. For the information of all those actors who have been trying to go that extra mile to embarrass the government of India under the ruse of “independence”, “azadi”, “Indian imperialism”, “Islam in danger in India”, “unity with Pakistan” and other catchy slogans, one can present Section 3 of the constitution of Jammu and Kashmir, 1957: “The State of Jammu & Kashmir is and shall be an integral part of the Union of India”. Section 4 further stipulates, “The territory of the State shall comprise all the territories which on the 15th day of August, 1947, were under the sovereignty or suzerainty of the Ruler of the State” thereby explicitly implying the illegal, illegitimate and mala fide act of occupation of the northern territories like Hunza or Gilgit by Pakistan.
The real bombshell for Pakistan, however, is Section 48: “Notwithstanding anything contained in section 47” — which defines composition of the legislative assembly — “until the area of the State under the occupations of Pakistan ceases to be so occupied and the people residing in that area elect their representatives (a) twenty-four seats in the Legislative Assembly shall remain vacant and shall not be taken into account for reckoning the total member-ship of the Assembly; and (b) the said area shall be excluded in delimiting the territorial Constituencies Under Section 47.”
And how does the preamble to the constitution of Jammu and Kashmir read? “We, the people of the State of Jammu and Kashmir, having solemnly resolved, in the pursuance of the accession of this State to India which took place on the twenty sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof, and to secure to ourselves — Justice... Liberty... Equality... Fraternity... and the unity of the Nation”. The Jammu and Kashmir constitution is a written document containing 158 sections and seven schedules, and the legislature of Jammu and Kashmir is debarred from considering any amendment to the constitution that may affect the state’s accession to India.
Being one of the 29 states of the Union of India, the Pakistani envoy’s current rendezvous with some of the separatists in New Delhi is nothing short of brazen meddling in India’s internal affairs. It is also surprising that our learned track II actors have failed to take note of the law of the land and point it out to the Indian rulers of the day for the past several years. Seen in this light, can one criticize the action of the present government in cancelling the Indo-Pak talks? The law says New Delhi is right. However, there also exists Indian emotion without Chinese erudition.
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