Special Status of J & K
J & K has truly federal relation with the union. J & K got independence on 15th Aug, 1947 along with India, but daunted with the problems of forced annexation with Pakistan, it signed the Instrument of Accession with India & became a part of it
- Instrument of Accession [arr] Signed b/w Nehru & Maharaja Hari Singh on 26th Oct 1947
- Under this, India acquired jurisdiction over the state wrt subject of Defence, External affairs & communication.
- People of J & K elected a sovereign constituent assembly which met for the 1st time on Oct 31, 1951
Article 1 states J & K is a constituent state of Indian union, however Article 370 grants a special status to J & K on the basis of agreement concluded at time of J & K accession to Indian union:
- J & K has its own constitution apart from Indian constitution (Framed on 17th Nov 1956 & came in force on 26 Jan 1957)
- Parliament cannot make laws with regards to J & K on subjects stated in state list
- Residuary powers lies with legislature of J & K
- Follows dual citizenship, only citizens of J & K can take part in elections to state assembly.
- Only citizens of J & K can acquire, own & dispose of immovable property in J & K
- Only national emergency proclaimed on the grounds of war & external aggression shall have automatic extension to J & K.
- National emergency proclaimed on the grounds of internal armed rebellion shall not be automatically extended to J & K
- Parliament cannot change name, boundary or territory of J & K without the concurrence of state legislature.
- No preventive detention law made by government can have automatic extension to J & K (Note [arr] PMLA is also applicable for J & K)
- Union has no power to proclaim a financial emergency to J & K
- State government shall be consulted by centre before appointing a person as governor of J&K
- Apart from Presidential rule, governor rule can also be imposed for a max. of 6 months
- DPSP & Fundamental duties enlisted in Indian constitution are not applicable to J & K
- Urdu [arr] Official language of the state
- J & K High Court
- Can issue writs only in case of violation of FRs
- Cannot declare a law unconstitutional – Lack of Judicial activism.
iasmania
1 comment
Thanks for sharing