Page:White Paper on Indian States (1950).pdf/123

This page has been proofread, but needs to be validated.

113

The effect of this provision is that the State of Jammu and Kashmir, continues to be a part of India. It is a unit of the Indian Union and the Union Parliament will have jurisdiction to make laws for this State on matters specified either in the Instrument of Accession or by later additions with the concurrence of the Government of the State. An order has been issued under Article 370 specifying (1) the matters in respect of which the Parliament may make laws for the Jammu and Kashmir State and (2) the provisions, other than Article 1 and Article 370, which shall apply to that State (Appendix LVI). Steps will be taken for the purpose of convening a Constituent Assembly which will go into these matters in detail and when it comes to a decision on them, it will make a recommendation to the President who will either abrogate Article 370 or direct that it shall apply with such modifications and exceptions as he may specify.

Establishment of constitutional relationship with Hyderabad State.

222. The State of Hyderabad did not accede to the Dominion of India, although the Standstill Agreement entered into by the Nizam with the Dominion in November 1947, ensuring virtual accession of the State in respect of Defence, External Affairs and Communications continued till the enforcement of the new Constitution, by virtue of the Nizam's letter dated the 18th November 1948. The Government of India have respectedly declared that the political future of the State and its relationship with India are matters to be decided by the people of the State. Arrangements are being made for constituting in the State a legislature elected on the basis of adult franchise, to enable the people of the State to decide its political future. In the meantime the Nizam has issued a Proclamation (Appendix LIV) recognising the necessity of entering into a constitutional relationship with the Union of India, and accepting the Constitution framed by the Constituent Assembly of India as the Constitution for the State of Hyderabad. The Proclamation makes it clear that the decision taken by the Nizam is subject to the confirmation of the people, whose will, as expressed through the Constituent Assembly of the State, must finally determine the nature of the State's relationship with the Centre as also the Constitution of the State itself.

The Position of Junagadh State

223. The position of Junagadh and certain other adjoining States in Kathiawar may also be briefly stated here. After the Nawab of Junagadh had left the State for Pakistan, the administration of this State was taken