What was Karan Singh proclamation of 1949
- December 12, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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What was Karan Singh proclamation of 1949
Subject : History
Section: Modern India
Context: SC to uphold abrogation of Article 370 citing Karan Singh proclamation of 1949
What was the proclamation by Karan Singh:
- Karan Singh’s proclamation declared the repeal of the Government of India Act, 1935, which previously governed Jammu and Kashmir’s constitutional relationship with the Dominion of India.
- It stated that the upcoming Constitution of India, as applicable to J&K, would govern the state’s constitutional relationship with the Union of India.
- The proclamation emphasized the enforcement of the Indian Constitution in J&K by Karan Singh, his heirs, and successors, superseding all inconsistent constitutional provisions currently in force in the state.
Why did Karan Singh make the proclamation:
- Karan Singh, responding to the Supreme Court’s judgment, mentioned that the proclamation in 1949 was necessary to eliminate ambiguity surrounding Jammu and Kashmir’s status.
- He explained that despite Hari Singh signing the Instrument of Accession (IoA), the state retained a level of autonomy, distinct from the full integration seen in other princely states.
- The court’s decision aligns with the government’s stance that the 1949 proclamation acknowledged the supremacy of the Indian Constitution and surrendered sovereignty to “We the people of India.”
What did the Supreme Court say:
- The Supreme Court clarified that Jammu and Kashmirdid not retain an element of sovereignty upon joining the Union of India.
- The court pointed to a proclamation issued by Yuvraj Karan Singh on November 25, 1949, stating that the Constitution of India would supersede and abrogate all otherinconsistent constitutional provisions in the state.
- This proclamation was viewed as a full and final surrender of sovereignty by Jammu and Kashmir to India and its people, rendering paragraph 8 of the Instrument of Accession legally inconsequential.