Governments of India and Pakistan shall embark on a process of amendments in their respective constitutions to create a legal and constitutional basis for the Kashmir Haven of Peace Accord Similarly, a process of constitutional amendment shall be initiated in Indian administered Jammu & Kashmir and Pakistan-administered Jammu Kashmir at a suitable time, which will eventually be ratified by the Supreme joint Session of the Transitional Assemblies of Kashmir Transitional Administrative Territory (Kashmir TAT) and PAK- Transitional Administrative Territory (TAT). Whereas the Constitutional Act of 1934 of Jammu & Kashmir shall form the basis for the development of the new constitution of Kashmir HoPe state as far as to emphasize on the independent nature of the Princely state of Jammu & Kashmir before its annexation by and division between India and Pakistan, the new constitution for Kashmir _Haven of Peace state shall be partly based on entirely new structure and spirit while a part shall be based on the relevant provisions of the existing Constitution of Jammu c Kashmir, 1954 and the Interim Constitution Act of Azad Jammu & Kashmir, 1974. The fundamental changes in the Constitution of Jammu & Kashmir that shall form the basis for the more substantive changes required to be made and ratified by the Supreme Joint Session of the Transitional Assemblies during the Transitional Administration Period (TAP) shall be as under:
We, the people of the State of Jammu and Kashmir, having solemnly resolved, in pursuance of the Accord reached between the governments of India, Pakistan and the peoples of Jammu & Kashmir through this joint session of the representative Transitional Assemblies to transform the existing relationship of the State with the Union of India and Islamic Republic of Pakistan to secure to ourselves: DURABLE PEACE, guided by the basic principles of Kashmiriyat – non-violence, human distil, pluralism, tolerance, scholarship, entrepreneurship & innovation, economic self- reliance and environmental responsibility
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief faith and worship;
EQUALITY of status and of opportunity ;
and to promote among us all;
FRATERNITY; assuring the dignity of the individual and the unity of the Nation,- towards the creation of the reunited independent state of Kashmir, excluding Gilgit-Baltistan (which shall remain a part of Pakistan), Jammu region (comprising of Kathua, Samba, Udhampur, Reasi (with areas falling south and east of River Chenab, and including Reasi town, Vaishno Devi, Katra and Jyotipuram), Ramban (with areas of Bath, Salaria Mohalla and Khanga falling south of Chenab River), Jammu (its northerly extent not to extend beyond 32o4501.6″N 74o32’20.2″E) at the entrance of the Chenab riper into the territory of Pakistan and Leh district.
Other key amendments to the Constitution of Jammu & Kashmir that the Joint Session of the Transitional Administrative Governments (TAGs) shall ratify .
Section (2): Any reference in the amended Constitution to Acts or laws of the State Legislature, including a reference to an Ordianance made by the Sadar-i-Riyasat, shall be construed as nullified and subject to redefnition in new amended constitution.
PART II OF THE CONSTITUTION OF JAMMU & KASHMIR, 1956
REDEFINITION OF THE STATE
(3) The State of Jammu and Kashmir as defined in the 1956 constitution shall be refined and comprise of
- a) A re-organised and sovereign state of United Kashmir, comprising of the districts of Anantnag, Badgam, Bandipora, Baramula, Doda, Ganderbal, Kargil, Kishtwar, Kulgam, Kupwara, Pulwama, Punch, Rajouri, Ramban (the part territory as agreed in the Kashmiryat Accord), Reasi (the part territory, as agreed in the Kashmitiyat Accord), Shupiyan, Srinagar, Mirpur, Kotli, Bhimber, Muzaffarabad, Hattian, Neelam, Poonch, Havel, Bagh and Sudhanoti.
The territory of the State that will remain a parrof the Indian union shall comprise of ;
Jammu region (comprising of Kathua, Samba,Udhampur,Reasi (with areas falling south and east of River Chenab, and including Reasi town, Vaishno Devi, Katra and Jyotipuram),Ramban (With areas of Batli, Salaria Mohalla and Khanga falling south of Chenab River), Jammu (its northerly extent not to extend beyond 32°45’01.6″N 74°32’20.2″E) at the entrance of the Chenab river into the territory ofPakistan and Leh district.
The territory of the State that will remain a part of the state of Pakistan shall comprise of the districts of Shigar; Kharmang, Skardu, Ghizer, Hunza, Nagar, Astore’, Ghanche, Diamer and Gilgit.
The executive and legislative powers of the new sovereign state of United Kashmir HoPe shall extend to all matters, including those with executive and legislative powers falling within the “central list” of laws enshrined in the respective constitutional provisions of India and Pakistan.
During the Transitional Administrative Period, United Kashmir Constitutional Amendment Commission shall be mandated by the Supreme Joint Session of the Transitional. Administrative Assemblies for effecting the necessary amendments/additions/changes in the existing Constitution of Jammu & Kashmir, which shall include, but not limited to;
Article 744 – Shall determine the nature of the flag of the new state.
Article 145 – While the official language of the State shall be Urdu,but the English language shall continue to be used for- all the of purpose of the State for which it was being used immediately before the commencement of the new Constitution. Additionally, Pahari, Gojri,Balti-Purgi and Shina shall be recognised as other state languages.
Amendment to the Article 48: The amended article shall read as: With the reunification of Kashmir the reserved twenty-five seats in the erstwhile Legislative Assembly for the Pakistan-administered Kashmir shall be created for the united Parliament excluding the seats reserved for Gilgit-Baltistan. The delimitation of the territorial Constituencies shall be undertaken as part of the comprehensive delimitation for the entire united Kashmir.
PART III – Redefinition of the Permanent Residents section
PART IV — Directive Principles of State Policy.
PART V – Redefinition of the Executive and the Head of the State (The Sadar-i-Riyasat)
The Council of Ministers Article 35 (1) which shall include the redefinition of the nomenclature of the Council of Ministers, the functions, powers and the role of the Prime Minister
PART VI – The redefinition and restructuring of the existing nomenclature, composition, powers etc. of the State Legislative Assembly as the State Parliament.
Legislative Procedure: Redefinition and re-designation of the existing Legislative Procedure to the expanded Parliamentary Procedure.
PART VII – Amendment to the nomenclature and jurisdiction of the High Court as the Supreme Court of Kashmir, redefining the powers, jurisdiction and the selection of judges.
PART VIII- Amendment to the existing terms of financial, properly and contracts management.
PART X – Re-designation of an independent Election Commission of Kashmir, its powers and the terms of the conduct of election to the Parliament and the local bodies.
Similarly, some of the fundamental revisions articles that shall be amended and ratified by the Supreme joint Transitional Assembly Session for the .Azad atilfrikA & Kashmir Interim Constitution Act, 1974, shall be as under:
To be amended for omission to the ideology of the State’s accession to Pakistan.
The First Schedule: Oath of the Office of President, Prime Minister and other offices of the executive and High Court omitting the mention of “That, as President/Prime Minister of Azad Jammu and Kashmir, I will remain loyal to the cause of accession of the State of Jammu and Kashmir to Pakistan”
ARTICLE 21 (2) AZAD KASHMIR COUNCIL SHALL CEASE TO EXIST
AMENDMENT TO ARTICLE 7: FREEDOM OF ASSOCIATION
(2) No person or ,political party in Azad Jammu and Kashmir shall be permitted to propagate against, or take part in activities prejudicial or detrimental to, the ideology of the State’s accession to Pakistan.
To be amended
Article 56. Act not to derogate from responsibilities of Pakistan.
Nothing in this Act shall derogate from the responsibilities of the Government of Pakistan in relation to the 1 [ matters speqfied in sub-section (3) of section 31] or prevent the Government in Pakistan from taking such action as it may consider necessary or expedient for the effective discharge of those responsibilities.
AMENDMENT TO THE CONSTITUTION OF INDIA.
- a) Retraction of the Article 370.
To reflect the actual scope of the territories of erstwhile Princely state of Jammu & Kashmir, including the Pakistan Administered Kashmir, which would become part of the future Kashmir Haven of Peace state, amendments shall be made in the Article 1 of the Constitution of India which defines Jammu and Kashmir as a State of Indian Union. The First Schedule to the Constitution of India defines the territory of Jammu and Kashmir as: The territory which immediately before the Commencement of the Constitution was comprised in the Indian State of Jammu and Kashmir . That amendment would also entail retraction of the Article 370 of the Indian constitution and complete merger of the Jammu region; comprising of the districts of Kathua, Samba, Udhampur, Reasi (with areas falling south and east of River Chenab, and including Reasi town, Vaishno Devi, Katra and Jyotipuram), Ramban (with areas of Batli, Salaria Mohalla and Khanga falling south of Chenab River), Jammu and Leh within the Indian union.
The author is an International Development Professional and writer, brought up in Srinagar Kashmir , who has widely travelled in 14 countries across Asia & Afirica.Presently working and based in Cairo Arjimand has had his formal education in Engineering in Banglore University and Economic Growth policies from the World Bank Institute.
