Special Status of J & K

J & K has truly federal relation with the union. J & K got independence on 15^th 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 > Signed b/w Nehru & Maharaja Hari Singh on 26^th 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 1^st time on Oct 31, 1951

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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 17^th 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 > 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 > 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.

20 Key Points for UPSC

Article 370 granted special autonomous status to Jammu & Kashmir (J&K).
It was a temporary provision under Part XXI of the Constitution.
J&K had its own Constitution, adopted in 1957.
Indian Parliament needed state concurrence to apply laws in J&K (except defense, foreign affairs, and communication).
Article 35A (inserted via Presidential Order in 1954) empowered J&K to define “permanent residents” and grant them special rights.
J&K had dual citizenship—state and Indian.
Fundamental Duties and Directive Principles were not fully applicable.
The Right to Education (Article 21A) and other laws had limited implementation.
The President couldn’t declare a financial emergency in J&K.
The Governor had more power than in other states.
The national flag and state flag were both used in official capacities.
The jurisdiction of the Supreme Court was limited unless extended by Presidential order.
J&K had no reservation for SCs in Legislative Assembly (due to demographic composition).
Women lost permanent resident status if they married non-residents (until 2002 ruling).
The Article 370(3) provision allowed its abrogation by Presidential order with Constituent Assembly recommendation (now defunct).
On August 5, 2019, the Government of India abrogated Article 370.
Jammu & Kashmir Reorganization Act, 2019 bifurcated the state into two Union Territories—J&K and Ladakh.
Post-abrogation, all Indian laws are now applicable in J&K.
J&K now has a Legislative Assembly, while Ladakh does not.
The move was termed historic but remains politically and legally contested.

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