J&K Constituent Assembly Debates

The Debates of the Indian Constituent Assembly are considered an important interpretative tool for Indian constitutional law jurisprudence. However, for Jammu and Kashmir (“J&K”), the process of drafting the Constitution also involved the Jammu & Kashmir Constituent Assembly, which played a significant role in shaping the constitutional making-process in Jammu & Kashmir. Thus, placing reliance solely on the debates of Indian Constituent Assembly Debates when discussing issues relating to J&K can present a skewed narrative regarding Kashmir. Earlier, the debates of the J&K Constituent Assembly were present on the website of the erstwhile state of Jammu & Kashmir [see image]. However, they do not find place in the new website of Jammu Kashmir, made by the government of the newly formed Union Territory.  Zaid Deva, whose article in the Indian Law Review was recently discussed at LAOT, has made copies of the Debates of the Constituent Assembly of the Jammu & Kashmir and the Autonomy Report 2000 available to us. We are publishing them here with the intention to enhance access to this useful resource, and hopefully initiate discussion around their importance in understanding constitutional law vis-a-vis Jammu & Kashmir. 

Further Reading:

1. ‘Why the Jammu & Kashmir Constituent Assembly Debates Matter‘ [December 17th, 2021]
2. Reading List on Article 370 Abrogation [August 7, 2020]
3. Kashmir, the Constitution and Article 370: An Explainer [August 8, 2019]
4. Summary of the ILR article titled “Basic without Structure?: the Presidential Order of 1954 and the Indo-Jammu & Kashmir Constitutional Relationship” by Zaid Deva can be found here, and the response piece written by Muhammad Mutahhar Amin can be found here. Response by Zaid Deva can be accessed from here.
   
   

We hope our readers find these resources useful!