The Kashmir Conundrum is like Abhimanyu's Chakravyuh

The  order of 1954

On  15/2/1954, the Jammu & Kashmir Constituent Assembly, with Bakshi  Ghulam Mohammed as CM, ratified the State’s Accession to India. 1 pg 126

The  Constitutional Order of 1950 and 1952 were superseded by the Order of  May 1954. (included terms related to the Delhi Agreement 1952 and  Article 35A referred to later). After  discussion in the Assembly various decisions were communicated to the  Government of India for action. On 14/5/1954, the President of India  (on advice of the Council of Ministers but without any reference to  Parliament) issued an Order Constitution (Application to J&K)  Order 1954, in which many significant exceptions and modifications  were made in our Constitution with respect to the State.

As it now stands, this Order summarises the portions  of the Indian Constitution that are applicable to J&K, and  elaborates those provisions that are not extended to that State and  those that are applicable to it with modifications.

The  1954 order was amended 42 times till 1994 with the concurrence of the  State Government. What these amendments did was to grant several  concessions to J&K.

The  Constitutional Order of 14/5/1954 is carried as Appendix I and a  restatement of modifications etc is listed as Appendix II in the  Constitution of India. A major objection exists to including Appendix  I&II under the title ‘Constitution of India’ since every such  order is issued only as an executive order of the President of India  under Article 370 and does not undergo the rigorous Parliamentary  procedure set out in Article 368 (this article stipulates a detailed  procedure involving both houses of Parliament, and in certain cases  Legislatures of all States) relating  to amendment of the Constitution.

Conversely if the 1954 Order is deemed to be part of  the Constitution of India then the Order was

virtually a fraud committed on Indian polity in so  far as it was passed without consent from the requisite majority from  Parliament as required under Article 368. Thus, the 1954 Order issued  by the President of India under clause (2) of Article 370 can be  construed to be a Constitutional abuse of Article 370.

A 20/8/2014 Hindustan Times report states  that an NGO filed a PIL in SC challenging the validity of Article  35A.  (

It is for legal luminaries to decide whether the  Constitutional Order of 1954 is part of the Indian Constitution and  whether the President of India has powers to issue Orders making  changes in the Constitution without going to Parliament!

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