📝 Siachen
🔶 The Siachen dispute is a direct result of the ambiguity that exists in the Karachi ceasefire agreement of July 1949. The agreement, which established the ceasefire line, the positions of the two militaries at the end of the 1947-1948 war, did not delineate beyond grid reference NJ 9842, which falls south of the Siachen glacier,
🔶The 1972 Simla Agreement mentions the boundary after this point to extend “north to the glaciers”.
🔶 India established its ground position in 1984, a response to Pakistan’s Oropolitics, through the Operation Meghdoot in 1984 and remains in control of the glacier
🔶 Divergent positions held by India and Pakistan on the dispute is one of the primary reasons why the negotiations on demilitarising the Siachen glacier and the adjoining areas have not progressed much.
📝India v Pakistan Claims on Siachen
🔶Indian and Pakistani sides have interpreted the phrase “North to the glaciers” very differently. Pakistan argues that this means that the line should go from NJ 9842 straight to
the Karakoram pass on the Sino-Indian border. India, however, insists that the line should proceed north from NJ 9842 along the Saltoro range to the border with China. Between
these two interpretations lies a substantial amount of glaciated territory that both sides want control of.
🔶These contrasting interpretations have made it difficult for a final resolution of the dispute even though it is possible to mutually demilitarise the region given that both Indian and Pakistani soldiers regularly lose their lives there due to harsh climaticconditions. However, demilitarization talks in the past have met with major roadblocks owing to mutual distrust in the relationship.
📝Increasing Questions on the Treaty
🔶 In the context of terrorism being used as an instrument of state policy by Pakistan questions have been raised about the treat
🔶In 1960, India accepted the treaty as a goodwill gesture trading water for peace. Within five years of the treaty’s entry into force, Pakistan launched a war to grab the Indian part of J&K in 1965.
🔶 Pakistan insists on rights without responsibilities. Many argue, that use of state-reared terrorist groups can be invoked by India, under Article 62 of the Vienna Convention on the Law of Treaties, as constituting reasonable grounds for withdrawal from the Indus treaty.
🔶The International Court of Justice has upheld the principle that a treaty may be dissolved by reason of a fundamental change of circumstances.
■ SOUTH AFRICAN CONSTITUTION
#Sourcesofconstitution
◇ Procedure for amendment of the Constitution and election of members of Rajya Sabha.
■ FRENCH CONSTITUTION
#sourcesofconstitution
◇ Republic and the ideals of liberty, equality and fraternity in the Preamble.
■ SOVIET CONSTITUTION (USSR, now Russia)
#Sourcesofconstitution
◇ Fundamental duties and the ideal of justice (social, economic and political) in the Preamble.
■ WEIMAR CONSTITUTION OF GERMANY
#Sourcesofconstitution
◇ Suspension of Fundamental Rights during Emergency.
■ AUSTRALIAN CONSTITUTION
#Sourcesofconstitution
◇ Concurrent List,
◇ Freedom of trade,
◇ Commerce and inter-course, and
◇ Joint sitting of the two Houses of Parliament.
■ CANADIAN CONSTITUTION
#Sourcesofconstitution
◇ Federation with a strong Centre,
◇ Vesting of residuary powers in the Centre,
◇ Appointment of state governors by the Centre, and
◇ Advisory jurisdiction of the Supreme Court.
■ IRISH CONSTITUTION
#Sourcesofconstitution
◇ Directive Principles of State Policy,
◇ Nomination of members to Rajya Sabha and
◇ Method of election of president.
■ US CONSTUTUTION
#Sourcesofconstitution
◇ Fundamental rights,
◇ Independence of judiciary,
◇ Judicial review,
◇ Impeachment of the president,
◇ Removal of Supreme Court and high court judges and
◇ Post of vice president.
■ BRITISH CONSTITUTION
#Sourcesofconstitutuon
◇ Parliamentary government,
◇ Rule of Law,
◇ Legislative procedure,
◇ Single citizenship,
◇ Cabinet system,
◇ Prerogative writs,
◇ Parliamentary privileges and
◇ Bicameralism.
■ GOVERNMENT OF INDIA ACT 1935
#Sourcesofconstitution
◇ Federal Scheme,
◇ Office of governor,
◇ Judiciary,
◇ Public Service Commissions,
◇ Emergency provisions and
◇ Administrative details.
