Constitutional Provisions Download PDF

Article 1 of the constitution says that India, that is Bharat, shall be a union of states and the territory of India is composed of territories of states, the union territories and any acquired territories as listed in Schedule 1 per Article 1 (3).

Article 370

  • According to the Constitution of India, Article 370 provides temporary provisions to the J&K, granting it special autonomy. The article says that the provisions of Article 238, which was omitted from the Constitution in 1956 when Indian states were reorganized, shall not apply to the state of Jammu and Kashmir.

Salient features

  • Parliament has very limited jurisdiction in case of J&K. Residuary powers rest 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.
  • Centre has no power to declare financial emergency under Article 360 in J&K. It can declare emergency in the state only in case of war or external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.
  • Part IV (dealing with Directive Principles of the State Policy) and Part IVA (dealing with Fundamental Duties) 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; i.e., the Fundamental Right to property is still guaranteed in this state.
  • The High Court of J&K has limited powers as it can’t declare any law unconstitutional. Under Article 226 of the Constitution, it can’t issue writs except for enforcement of Fundamental Rights.
  • Urdu is the official language of the state
  • 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.
  • J&K citizens have an implicit dual citizenship, I.e., though there is no specific provision of dual citizen, there are certain rights that only an original resident of Kashmir enjoy. Even the voters’ lists for State elections and for Parliament elections are not common.

 Article 35A

It is a provision incorporated in the Constitution giving the Jammu and Kashmir Legislature a carte blanche to decide who all are ‘permanent residents’ of the State and confer on them special rights and privileges in public sector jobs, acquisition of property in the State, scholarships and other public aid and welfare. The provision mandates that no act of the legislature coming under it can be challenged for violating the Constitution or any other law of the land.

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