Article 370 of the Indian constitution grants special status to Jammu and
Kashmir. Under Part XXI of the Constitution of India, which deals with
“Temporary, Transitional and Special provisions”, the State of Jammu and
Kashmir has been accorded special status under Article 370. Even though included
in 1st Schedule as 15th state, all the provisions of the Constitution which are
applicable to other states are not applicable to J&K. Government of India
can declare emergency in Jammu and Kashmir and impose Governor's rule in
certain conditions. Matters related to Defense, Foreign relations,
Communication and Finance of Jammu and Kashmir is under jurisdiction of
Constitution of India. Till 1965, J&K had a Sadr-e-Riyasat for Governor and
Prime Minister in place of Chief Minister.
Historical aspect India and Pakistan gained their
independence on 15 and 14 August 1947 respectively; J&K chose to remain
neutral not joining any dominion. Maharaja Hari Singh signed a standstill
agreement with Pakistan. But there was no such agreement signed between
Maharaja and Union of India. However, on 6 October 1947, Pakistani Muslim tribes,
supported by the government of Pakistan, attacked Jammu and Kashmir on the behest
of Pakistan. To save his state Maharaja Hari Singh signed Instrument of
Accession to India, so that India could help in defending the state.
Whereas the other states later signed merger agreements, the relationship of
Jammu & Kashmir with the rest of the country was governed by a special set of
circumstances, and hence given a special position. It was in the pursuance of
those commitments that Article 370 was incorporated in the Constitution. The
Constitution of Jammu & Kashmir, which Dr. Karan Singh signed into law in 1957,
is still in force. India and Pakistan were partitioned in 1947. Kashmir was
split as well, with two-thirds going to India and a third going to Pakistan,
even though India's share was predominantly Muslim, like Pakistan. A
rebellion of Tribal Muslims from the Pakistan side led was suppressed by
Indian forces. War broke out. It wasn't settled until a 1949 controversial
cease-fire brokered by the United Nations and a resolution calling for a
referendum, or plebiscite. India never took the matter to the United Nations
for a decision on the accession of Kashmir, but to broker a ceasefire and
decide a timeline for removal of the infiltrators. So India never conducted
one, while there has been a cry from many corners that a plebiscite was
necessary. Preamble
Preamble of Jammu and Kashmir constitution is as written in box..
Jurisdiction of Parliament Union Legislature has very limited
jurisdiction in case of J&K as compared to other states. Till 1963, Parliament
could legislate on subjects contained in the Union List, and had no jurisdiction
in case of Concurrent List under 7th Schedule with J&K. The Parliament has no
power to legislate Preventive Detention laws for the state; only the state
legislature has the power to do so. Emergency Provisions
The Union of India has no power to declare Financial Emergency under
Article 360 in the state. The Union can declare emergency in the state only in
case of War or External Aggression. No proclamation of emergency made on the
grounds of internal disturbance or imminent danger thereof shall have
effect in relation to the state unless it is made at the request or with the
concurrence of the government of the state; or where it has not been so made,
it is applied subsequently by the President to that state at the request
or with the concurrence of the government of that state. In December
1964, Articles 356 and 357 were extended to the state.
Fundamental Duties, Directive Principles & Fundamental Rights
Part IV and Part IVA of the Constitution are not applicable to J&K. In addition
to other fundamental rights, Articles 19(1)(f) and 31(2) of the Constitution
are still applicable to J&K; hence the Fundamental Right to property is still
guaranteed in this state.It is the only state which does not have to give a
detailed record on the money flowing in the state and where it is used and how.
In the Indian Constitutional history only one Fundamental Right has been
added so far and that is Right to Education. This right too has not been
extended to J&K. Official Languages
Provisions of Part XVII of the Constitution apply to J&K only insofar
as they relate to the official language of the Union; the official language for
communication between one state and another; or between a state and the
Union; and language of the proceedings in the Supreme Court. Urdu is the
official language of the state but use of English is permitted for official
purposes unless the state legislature provides otherwise.
Relations with Government of India Article 3 in part 2 of the J & K
constitution reads as, "Relationship of the State with the Union of India:-The
State of Jammu and Kashmir is and shall be an integral part of the Union of
India." Article 5 of the part 2 is about extent
of "Executive" and "Legislative" powers of the state which tells that Jammu and
Kashmir Legislative Assembly has executive and legislative power of all
matters except those with respect to which Parliament of India has power to
make laws for the State under the provisions of the Constitution of India.
Sectors in which Government of India can make laws for Jammu and Kashmir includes
Defense sector, Foreign affairs, Finance and Communication.
Article 147 of Part 12 is about amendment of the J & K Constitution
which states that, "No Bill shall be introduced or moved in State Legislative
Assembly to amend or change above mentioned articles 3 and 5."
= Relations with Pakistan administered Kashmir =
Article 48 of Part VI of J and K constitution defines Pakistan
Administered Kashmir as "Pakistan Occupied Territory".
There are currently 87 seats in J & K State assembly, but article 48 of J & K
constitution also recognizes 24 seats from Pakistan administered Kashmir and
mentions that these 24 seats will remain vacant till Pakistan ceases the
"occupation" of Kashmir and the said area shall be excluded in delimiting the
territorial constituencies till that time.
Miscellaneous Certain special rights have been granted
to the permanent residents of J&K with regard to employment under the state,
acquisition of immovable property in the state, settlement in the state, and
scholarship and other forms of aid as the state government may provide.
The 5th Schedule pertaining to the administration and control of Schedule
Areas and Scheduled Tribes and the 6th Schedule pertaining to administration of
tribal areas are not applicable to the state of J&K. The Provisions of the
State Constitution may be amended by an Act of the Legislative Assembly of the
state passed by not less than two-thirds of its membership. If such amendment
seeks to affect Governor or Election Commission, it needs President’s assent
to come into effect. No amendment of the Constitution of India shall extend to
J&K unless so extended by an order of the President under Article 370(1).
No Bill or amendment can be introduced or moved in either House of the
Legislature which seeks to make any change in the provisions that the State
of Jammu and Kashmir is and shall be an integral part of the Union of India the
executive and legislative power of the State does not extend to matters those
with respect to which Parliament has power to make laws for the State under
the provisions of the Constitution of India, of the Constitution of India as
applicable in relation to the State and Art. 147.).
See also Constitution of Jammu and Kashmir in pdf
format Article 356
Article 370 PART XXI of Indian constitution
References ^ a b "Inside "Indian held Kashmir".".
The Express Tribune. 25 February 2015. Retrieved 7 May 2015.
^ a b "Article 370". General Knowledge Today. 17 January 2015. Retrieved 7 May
2015. -Congress-leader-Karan-Singh35733023.cms
pakistankashmir-history-backgrounder.htm pakistankashmir-history-backgrounder.htm
veassembly.nic.in/Costitution_of_J&K.pdf ^ a b "Constitution of Jammu and
Kashmir". Official Website of J & K Legislative Assembly. p. 3. Retrieved 6
May 2015. Read page 3 of the document or page 21 of pdf format.
^ "Article 147 of Constitution of Jammu and Kashmir". Official Website of Jammu
and Kashmir Legislative Assembly. p. 67. Retrieved 7 May 2015. Document page 67,
PDF page 85. ^ "Article 48 of Constitution of Jammu
and Kashmir". Official Website of Jammu and Kashmir Legislative Assembly. p. 16.
Retrieved 7 May 2015. Page 16 of document and page 34 of pdf
^ "Article 48 of Constitution of Jammu and Kashmir". Official Website of Jammu
and Kashmir Legislative Assembly. p. 17. Retrieved 7 May 2015. Page 17 of
document and page 35 of pdf External links
Constitution of jammu and Kashmir Get your Copy of Constitution of Jammu
and Kashmir at JK Law Reporters ional-Position-of-Jammu-and-Kashmir.html