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This book aims to understand the vision of Dr. Bhimrao Ramji (Babasaheb) Ambedkar for India and whether that vision has been achieved in relation to Jammu and Kashmir. Dr. Ambedkar was
a principal architect of the Constitution of India and his vision for India was reflected in his contributions in the constitution-making process. There is no provision in the Constitution which was drafted and discussed in the Constituent Assembly without his active participation, thus having his imprint; Except Article 370 where, Dr. Ambedkar is conspicuously absent, rather deliberately kept out. Dr. Ambedkar viewed a unified country with a strong centre to remove regional spirits of alienation, equality of men and women, no concept of special rights for residents of states and above all the need for special treatment of persons from Scheduled Castes and Scheduled Tribes. All these core values that form the basis of Dr. Ambedlar’s vision of India are disregarded and disrespected in Jammu and Kashmir. The manner of handling of Jammu and Kashmir was one of the principal reasons for his resignation from the Union Government in 1951. This book is about trampling of fundamental values of the vision of India that were enshrined in the Constitution by Dr. Ambedkar in Jammu and Kashmir.
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Contents
Preface —Pgs. 5
1. Introduction —Pgs. 9
2. Ambedkar and Challenges of Princely States —Pgs. 26
3. Ambedkar’s Concept of India —Pgs. 50
4. Ambedkar and Article 370 —Pgs. 84
5. Separation of Powers and Jammu & Kashmir —Pgs. 99
6. Consequences of Constitution (Application to Jammu & Kashmir) Order, 1954 —Pgs. 118
7. Fundamental Rights and Jammu & Kashmir —Pgs. 138
8. Conclusion —Pgs. 170
Dr. Aniruddha Rajput is a Member of the United Nations International Law Commission. He was elected as a Member by the General Assembly of the United Nations with highest votes (160 to 191) in the Asia Pacific Region in November 2016. He is the youngest person ever to be so elected. He was elected as the Chairperson of the Drafting Committee of the United Nations International Law Commission immediately thereafter at its 69th Session in 2017. He researches, writes and lectures in various areas of international law, such as boundary disputes, law of the sea, international investment law and international trade (WTO) law. He has written several articles and books in reputed international journals in these areas. He advises and appears on behalf of countries and private entities before international courts and tribunals. He has practiced in the Supreme Court of India since 2006. He is a former Additional Advocate General of State of Jharkhand and former member of 5th Haryana State Finance Commission constituted under Article 243 I and 243 Y of the Constitution of India.