Indian Ministry of Law and Justice, Indian President
SUMMARY
November 23, 2023

Note that: 

  • the original Article 370 of India’s Constitution was illegal (under international law) and a political compromise borne of a drawn-out negotiation between a non-representative, non-democratic, India-sanctioned government in the Indian-Administered Jammu and Kashmir and the Government of India 
  • the Government of India had historically used Article 370 of India’s Constitution to implement the inverse of what was purportedly intended by Article 370, namely to make Jammu and Kashmir an inferior, constitutionally subordinate, subservient region lacking territorial integrity rather than a privileged, constitutionally separate, fully autonomous state with territorial integrity and extraordinary powers over its own affairs.

Pursuant to this order, the Government of India imposed India’s national goods-and-services tax regime to Indian-Administered Jammu and Kashmir in contrvention of international law, its treaty obligations and Article 370 of India's Constitution.  According to Indian authorities (and the order itself), this purportedly did not affect the constitutional separateness of the Jammu and Kashmir.  In describing this order, the Press Information Bureau of India said: “The State of Jammu and Kashmir joins GST today making the GST truly a “ one nation, one tax” regime.”

Topics: changing the laws in force in occupied territory, international humanitarian law violation, no consent of governed, violation of economic rights, violation of cultural rights, violation of social rights, colonial domination, disempowerment

ARTICLE PREVIEW
Link to Original Article

July 2017

Originally published

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