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 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 can not 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 can not 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
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