ISBN : 9780199408054
Azad Jammu & Kashmir: Polity, Politics, and Power-Sharing explores the opportunities and pitfalls of establishing democracy and legitimate governance in territories with disputed status, especially where governance systems are fragile and the process of democratization is hindered due to socio-political fault-lines. Apart from probing the decolonisation process in the Indian subcontinent and its subsequent implications, the analyses in this study, adds clarity to our understanding of the status and sovereignty of Azad Jammu & Kashmir (AJK) by using a historical and constitutional perspective; for this purpose, it investigates political and constitutional evolution since 1947. It examines contemporary power-sharing theories and alternatives for the establishment of an autonomous governance structure in order to proceed towards meaningful conflict-management and hence a stable democracy in deeply divided societies, with particular focus on AJK. Javaid Hayat has identified innovative pathways amongst nexuses of sovereignty, autonomy, and democratic governance and has persuasively argued for an alternative model through recognition of internal right to self-determination for building veritable autonomous democratic governance structure in the disputed territory of AJK until an opportunity presents itself for an external right to self-determination
as provided to the people of the erstwhile state of J&K, which was promised by the UN and agreed to, by both India and Pakistan.
Author's Disclaimer
Foreword
Preface
Acknowledgements
Abbreviations
1. Setting the Context
2. Emergence, Status, and Legitimacy of AJK: Does Democracy Need Sovereignty
3. Azad Jammu & Kashmir: Historical, Constitutional, and Political Perspectives
4. Power-Sharing: A Conceptual and Theoretical Reflection
5. Building Autonomous and Democratic Governance in AJK: Recognition of Internal Self-determination
6. Conclusion
Notes
References
Annexures
A. Text of Treaty of Amritsar, 16 March 1846
B. Text of State Subject Definition, 1927
C. Text of Declaration of Independence, 24 October 1947
D. Text of UNCIP Resolution, 1948
E. Text of UNCIP Resolution, 1949
F. Karachi Agreement, 1949 between AJK and Pakistan
G. Text of Ceasefire Agreement, 1949 00
H. Text of Instrument of Accession, 26 October 1947
Index