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{{Use Indian English|date=March 2015}}
{{Use dmy dates|date=March 2015}}
{{Infobox legislature
| name = Jammu and Kashmir Constituent Assembly
| coa_pic = Seal of Jammu and Kashmir color.png
| leader1_type = Prime Minister of Jammu and Kashmir
| leader1 = [[Sheikh Abdullah]]

}}
'''Constituent Assembly of Jammu and Kashmir''' was a body of representatives elected in 1951 to formulate the constitution of [[Jammu and Kashmir (state)|Jammu and Kashmir]].<ref>[http://www.rediff.com/news/1999/jun/04jk.htm The Fact of the State's Constitution], [[Rediff.com]], 1999-06-04</ref> The Constituent Assembly was dissolved on 26 January 1957, based on Mir Qasim resolution it adopted and ratified on 17 November 1956.<ref name="Noorani2014">{{cite book|author=A.G. Noorani|title=Article 370: A Constitutional History of Jammu and Kashmir|url=https://books.google.com/books?id=6PQtDwAAQBAJ |year=2014|publisher=Oxford University Press|isbn=978-0-19-908855-3|pages=9–11, Chapter 7 Doc #16}}</ref>

==Background==
In 1947, British rule in India ended with the creation of two new nations—[[Dominion of India|India]] and [[Dominion of Pakistan|Pakistan]]—and the abandonment of British [[suzerainty]] over the 562 Indian [[princely state]]s. According to the [[Indian Independence Act 1947]], "the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States",<ref>[http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1947/cukpga_19470030_en_1 Revised Statute from The UK Statute Law Database: Indian Independence Act 1947 (c.30)] at opsi.gov.uk</ref> so the states were left to choose whether to join India or Pakistan or to remain independent. [[Jammu and Kashmir (state)|Jammu and Kashmir]] had a predominantly Muslim population but a Hindu ruler, and was the largest of the princely states. Its ruler was the [[Dogra]] King [[Hari Singh]].

In October 1947, Pashtun tribals at the behest of the Pakistani government, invaded Kashmir .<ref>[http://www.time.com/time/printout/0,8816,793895,00.html Death in the Vale], [[TIME]], 1947-11-10</ref> Unable to withstand the invasion, the Maharaja signed The [[Instrument of Accession (Jammu and Kashmir)|Instrument of Accession]] on 26 October 1947 and that was accepted by the [[Government of India]] on 27 October 1947.<ref name=KRP>In 1956 the Constituent Assembly finalised its constitution, which declared the whole of the former Princely State of Jammu and Kashmir to be 'an integral part of the Union of India'. Elections were held the next year for a Legislative Assembly. Detailed constitutional changes were made in later years, which further normalised the state’s relationship with India. [http://www.parliament.uk/commons/lib/research/rp2004/rp04-028.pdf Kashmir:Research Paper 04/28 by Paul Bowers] {{webarchive|url=https://web.archive.org/web/20090326182755/http://www.parliament.uk/commons/lib/research/rp2004/rp04-028.pdf |date=26 March 2009 }}, [[House of Commons Library]], [[United Kingdom]], 2004-03-30</ref> India subsequently sent its forces into Kashmir leading to [[Indo-Pakistani War of 1947]]. In January 1948 India moved the U.N. which led to [[United Nations Security Council Resolution 47]] of 21 April 1948. This resolution required among other things that [[Pakistan]] withdraw from the areas of [[Jammu and Kashmir (state)|Jammu and Kashmir]] which it had occupied in 1947 immediately and conditions be created for a free and impartial plebiscite to decide the future of the state.<ref>[https://www.telegraph.co.uk/news/1399992/A-brief-history-of-the-Kashmir-conflict.html A Brief History of Kashmir Conflict], [[The Daily Telegraph]], 2004-11-10</ref><ref>[http://www.unhcr.org/refworld/docid/3b00f23d10.html UN Security Council, Resolution 47 (1948) of 21 April 1948, 21 April 1948. S/RES/47 (1948)], [[United Nations High Commissioner for Refugees]]</ref>

==Elections==
{{Main|1951 Jammu and Kashmir Constituent Assembly election}}
When the required withdrawal did not occur for several years [[Jammu & Kashmir National Conference]] which was the largest political party in the state recommended convening the constituent assembly in a resolution passed on 27 October 1950.<ref name="res91">[http://www.unhcr.org/refworld/docid/3b00f1f338.html United Nations Security Council Resolution 91 (1951)of 30 March 1951], [[United Nations High Commissioner for Refugees]]</ref> On 1 May 1951 [[Karan Singh]] then Head of state of [[Jammu and Kashmir (state)|Jammu and Kashmir]] issued a proclamation directing the formation of this assembly. The assembly was to be constituted of elected representatives of the people of the state. For purposes of this election the state was divided into constituencies containing population of 40,000 or as near thereto as possible and each electing one member.<ref>[http://ikashmir.net/historicaldocuments/121.html Text of the Proclamation issued by the Head of the Jammu and Kashmir State on 1 May 1951]</ref> The [[United Nations Security Council]] stated in its [[United Nations Security Council Resolution 91|resolution 91]] dated 30 March 1951 that it would not consider these elections to be a substitute for a free and impartial plebiscite to the people of Jammu and Kashmir.<ref name="res91" />

However, the 1951 elections were said to be totally rigged.<ref>{{Cite book|url=https://books.google.com/books?id=3ACMe9WBdNAC|title=Kashmir: Roots of Conflict, Paths to Peace; by Sumatra Bose.|publisher=Harvard University Press|year=2009|pages=55–57}}</ref><ref name=":10">{{Cite web|url=http://www.kashmirlife.net/riots-changed-jak-politics-768/|title=Riots changed J&K politics|last=Ved Bhasin|website=Kashmir Life}}</ref> Polls were conducted in Indian administered Kashmir in August–September 1951. There were no women registered as voters in 1951 Jammu and Kashmir elections. But there was one woman who contested who lost her deposit.<ref>{{cite web|url=http://www.livemint.com/Politics/ThLJaAlCSB4bZmCKExFFIO/Kudos-to-Mehbooba-Mufti-but-where-are-Kashmirs-female-poli.html|title=Kudos to Mehbooba Mufti, but where are Kashmir’s female politicians?}}</ref> [[Jammu & Kashmir National Conference]] won all the 75 seats under the leadership of [[Sheikh Abdullah]].<ref>{{Cite web |url=http://jammukashmir.nic.in/profile/majev.htm |title=J & K : A Historical Perspective Main Events (1947-1997) |access-date=23 February 2009 |archive-url=https://web.archive.org/web/20090409223443/http://jammukashmir.nic.in/profile/majev.htm |archive-date=9 April 2009 |url-status=dead }}</ref><ref>{{Cite web |url=http://jammukashmir.nic.in/govt/cntit1.htm |title=Constitution of J&K Assembly |access-date=23 February 2009 |archive-url=https://web.archive.org/web/20100612114256/http://jammukashmir.nic.in/govt/cntit1.htm |archive-date=12 June 2010 |url-status=dead }}</ref> On 31 October 1951 he addressed the assembly for the first time and called on it to frame the states constitution and to give a 'reasoned conclusion regarding accession'.<ref>[http://ikashmir.net/historicaldocuments/122.html Speech Of the Hon'ble Sheikh Mohammed Abdullah in the Constituent Assembly.]</ref>

==Actions==
On 15 February 1954 the assembly members who were present cast a unanimous vote ratifying the state's accession to India. The constituent assembly was later dissolved. <ref>[http://www.rediff.com/news/2004/mar/08arvind.htm Forgotten day in Kashmir's history], [[Rediff.com]], 2005-03-08</ref><ref>In 1952 the elected and overwhelmingly Muslim Constituent Assembly of Jammu and Kashmir, led by the popular Sheikh Mohammed Abdullah, voted in favour of confirming accession to India. Thereafter, India regarded this vote as an adequate expression of popular will and demurred on holding a plebiscite. GlobalSecurity.org</ref> Constitution was drafted which came into force on 26 January 1957. Part II, section (3) of the constitution states 'The State of Jammu and Kashmir is and shall be an integral part of the Union of India'. In 1956 the Constituent Assembly finalised its constitution, which declared the whole of the former Princely State of Jammu and Kashmir to be 'an integral part of the Union of India'. Elections were held the next year for a Legislative Assembly. This section cannot be legally amended as per provisions of Part XII of the constitution.{{fact|date=June 2020}}

==Dissolution==
The Constituent Assembly adopted and ratified Mir Qasim resolution to dissolve itself on 17 November 1956. According to this resolution, the Constituent Assembly of Jammu and Kashmir ceased to exist on 26 January 1957.<ref name="Noorani2014"/>

==References==
{{Reflist}}

[[Category:1950s in Jammu and Kashmir]]
[[Category:Constituent assemblies]]

Constituent Assembly of Jammu and Kashmir - Revision history

>Cordyceps-Zombie at 09:08, 14 April 2021