Malcolm Rivera
Jammu and Kashmir is a state in India with a unique history and constitutional framework. Unlike other Indian states, Jammu and Kashmir once had its own constitution, the Constitution of Jammu and Kashmir, which came into effect on 26 January 1957. This constitution was established by the Jammu and Kashmir Constituent Assembly and gave the state a special status within India, including a separate flag and certain autonomous powers. However, this changed on 5 August 2019, when the Indian government revoked the special status of Jammu and Kashmir through a presidential order, rendering the state's separate constitution infructuous and extending the full application of the Indian Constitution to the state. This move sparked significant debate and discussion, with some celebrating the achievement of One flag, one Constitution and one leader while others questioned the legality and implications of the decision.
| Characteristics | Values |
|---|---|
| Date of adoption | 17 November 1956 |
| Date of coming into effect | 26 January 1957 |
| Date of revocation | 5 August 2019 |
| Number of amendments | 29 (as of 2002) |
| Number of articles | 158 (as of 2002) |
| Number of parts | 13 (as of 2002) |
| Number of schedules | 7 (as of 2002) |
| Powers | Residual powers were vested with the state government |
| Head of State | Sadr-i-Riyasat (until 1965) |
| Head of government | Prime Minister (until 1965) |
| Flag | Separate from India (until 2019) |
| Citizenship | Separate from India |
| Property laws | Separate from India (until 2019) |
| Fundamental rights | Separate from India (until 2019) |
| Legislative Assembly | Vidhan Sabha (111 members elected by the public) |
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What You'll Learn
- Jammu and Kashmir's Constitution was rendered infructuous in 2019
- The Indian Constitution is also applied in the state
- The Constitution of Jammu and Kashmir defines a concept of Permanent Residency
- The Constitution provides justice, freedom, fraternity, and equality to the residents of the state
- Jammu and Kashmir is the only state with a separate constitution
Jammu and Kashmir's Constitution was rendered infructuous in 2019
Jammu and Kashmir had its own constitution, which was adopted on 17 November 1956 and came into effect on 26 January 1957. It established a framework for the government of Jammu and Kashmir and was the only state in India with a separate constitution. The constitution defined a concept of Permanent Residency, which was distinct from Indian citizenship.
However, on 5 August 2019, the President of India issued a presidential order called The Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272) under Article 370. This order made all the provisions of the Constitution of India applicable to the State of Jammu and Kashmir and rendered the Jammu and Kashmir Constitution infructuous. In effect, this meant that the separate Constitution of Jammu and Kashmir was abrogated, and the Indian Constitution became applicable to the state, like all other states and union territories of India.
Article 370 had previously given Jammu and Kashmir special status, including the power to have a separate constitution, a state flag, and autonomy related to internal administration. It allowed the Constituent Assembly of Jammu and Kashmir to recommend the extent to which the Indian Constitution would apply to the state. However, in 2019, the Union Government revoked the special status of Jammu and Kashmir through a presidential order, superseding the 1954 order that had specified that only some articles of the Indian Constitution applied to the state.
The 2019 order was based on a resolution passed in both houses of India's parliament with a two-thirds majority. It led to the passing of the Jammu and Kashmir Reorganisation Act, 2019, which divided the state into two union territories: the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh. This reorganisation took place on 31 October 2019.
The abrogation of Article 370 and the resulting changes to the constitutional status of Jammu and Kashmir have been controversial. There were 23 petitions challenging the constitutionality of the abrogation presented to the Supreme Court of India, and the High Court of Jammu and Kashmir had previously ruled in 2015 that Article 370 could not be "abrogated, repealed, or even amended."
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The Indian Constitution is also applied in the state
Jammu and Kashmir is the only state in India with its own constitution and a separate flag. The Constitution of Jammu and Kashmir, which came into effect on 26 January 1957, established a framework for the government of the state, providing justice, freedom, fraternity, and equality to its residents.
However, the Indian Constitution is also applied in the state. On 5 August 2019, the President of India issued a presidential order called "The Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272)" under Article 370, making all the provisions of the Constitution of India applicable to the state of Jammu and Kashmir. This order rendered the Constitution of Jammu and Kashmir infructuous and ceased its application.
Article 370 of the Indian Constitution gave a special status to Jammu and Kashmir, empowering the state to have a separate constitution, flag, and autonomy related to internal administration. It also allowed the Constituent Assembly of Jammu and Kashmir to recommend the extent to which the Indian Constitution would be applicable in the state. However, the special status granted under Article 370 was revoked by the Union Government on 5 August 2019, making the Indian Constitution fully applicable in Jammu and Kashmir.
Prior to the revocation of Article 370, certain provisions of the Indian Constitution did not apply to Jammu and Kashmir. For example, Part IV, Article 36-51 (Directive Principles of State Policy) and Part IVA, Article 51A (Fundamental Duties) were not applicable. Additionally, the Union Legislature had limited jurisdiction over Jammu and Kashmir compared to other states. The Parliament could legislate on subjects contained in the Union List but had no jurisdiction over the Concurrent List under the 7th Schedule with Jammu and Kashmir.
With the revocation of Article 370, the Indian Constitution became fully applicable in Jammu and Kashmir, bringing it on par with other states and union territories of India in terms of constitutional provisions.
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The Constitution of Jammu and Kashmir defines a concept of Permanent Residency
Jammu and Kashmir is the only state in India that had its own constitution, the Constitution of Jammu and Kashmir. It was adopted on November 17, 1956, and came into effect on January 26, 1957. The constitution provided a framework for the government of Jammu and Kashmir and granted its residents justice, freedom, fraternity, and equality.
The Constitution of Jammu and Kashmir, in Part III, defines the concept of Permanent Residency. This concept has been misrepresented by Hurriyat, which falsely claims that the people of Jammu and Kashmir enjoy dual citizenship. However, the Supreme Court of India has clarified that permanent residents of Jammu and Kashmir are citizens of India, and there is no dual citizenship as contemplated in other federal constitutions worldwide.
The Constitution of India, in Article 35A, empowered the Jammu and Kashmir state legislature to define "permanent residents" and grant them special rights and privileges not available to other Indian citizens. These rights included the ability to purchase land and immovable property, vote and contest elections, seek government employment, and access benefits such as higher education and healthcare. The state legislature was also authorised to regulate the rights and privileges of permanent residents, particularly regarding the acquisition of property and appointments to services.
The criteria for being a permanent resident of Jammu and Kashmir, as defined by the Indian government on May 14, 1954, included:
- Lawfully owning property in Jammu and Kashmir.
- Having resided in the state for ten years before May 14, 1954.
- Having migrated to Pakistan on March 1, 1947, but returning to the state for resettlement.
On August 5, 2019, the special status of Jammu and Kashmir, granted under Article 370, was revoked by the Indian government through a presidential order. This order rendered the Constitution of Jammu and Kashmir inoperative and extended all provisions of the Indian Constitution to the state, including those related to citizenship, ownership of property, and fundamental rights.
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The Constitution provides justice, freedom, fraternity, and equality to the residents of the state
Jammu and Kashmir had its own constitution, which came into force in 1957. The constitution was made up of 158 articles divided into 13 parts and 7 schedules. Notably, the constitution defined the concept of permanent residency, as opposed to unitary citizenship, in Part III.
The preamble of the Constitution of Jammu and Kashmir states its aim to "secure to ourselves justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among us all fraternity assuring the dignity of the individual and the unity of the nation".
The constitution provided justice to the residents of the state by guaranteeing their fundamental rights, including the right to property. It also ensured freedom of thought, expression, belief, faith, and worship. The right to equality was also enshrined in the constitution, with a focus on equality of status and opportunity.
The constitution also promoted the concept of fraternity, which assured the dignity of individuals and the unity of the nation. This was achieved through the guarantee of permanent residency, which was unique to the state and not found in the Indian constitution. The state government also held residual powers, which contributed to the autonomous status of Jammu and Kashmir.
However, it is important to note that the Constitution of India now applies to Jammu and Kashmir, like all other states and union territories of India. On 5 August 2019, the President of India issued a presidential order under Article 370, rendering the Constitution of Jammu and Kashmir infructuous and extending the provisions of the Indian Constitution to the state.
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Jammu and Kashmir is the only state with a separate constitution
Jammu and Kashmir is the only state in India with its own constitution. It was enacted on 26 January 1957 and came into effect the same day. The Jammu and Kashmir Constituent Assembly created the constitution in 56 days over 5 years and joined India on its own terms. The constitution was based on adult franchise, with elections held in August-September 1951. The constitution provided a framework for the government of Jammu and Kashmir and defined the state's relationship with the Union of India. It also provided justice, freedom, fraternity, and equality to the residents of the state.
The constitution of Jammu and Kashmir was unique in that it did not have to abide by certain provisions of the Indian Constitution. For example, Part IV, Article 36-51 (Directive Principles of State Policy) and Part IVA, Article 51A (Fundamental Duties) of the Indian Constitution did not apply to Jammu and Kashmir. Additionally, Jammu and Kashmir was the only state that did not have to provide a detailed record of its financial transactions.
The constitution also established the concept of Permanent Residency, which was defined in Part III. This concept was distinct from Indian citizenship and was determined by the state legislative assembly. Permanent residents of Jammu and Kashmir were granted special rights and privileges, including the right to buy and sell property in the state, and access to state public sector jobs, scholarships, and other public aid and welfare programmes.
On 5 August 2019, the President of India issued a presidential order called The Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272) under Article 370. This order revoked the special status of Jammu and Kashmir and rendered the state's separate constitution infructuous, bringing it in line with the Indian Constitution. The order also removed the state's ability to have a separate flag and made all provisions of the Indian Constitution applicable to Jammu and Kashmir.
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Frequently asked questions
Yes, Jammu and Kashmir had their own constitution, which was enacted on 26 January 1957. However, on 5 August 2019, the President of India issued an order that made the Indian Constitution applicable to the entire state of Jammu and Kashmir, thereby revoking its special status and separate constitution.
The constitution of Jammu and Kashmir provided for a bicameral system with 111 members elected by the public in the Vidhan Sabha. It defined the concept of "permanent residency", which granted special rights and privileges to residents of the state, such as the ability to purchase property and land, seek government employment, and obtain higher education. The constitution also established a framework for the state's government, with the head of state referred to as the Sadr-i-Riyasat and the head of government called the Prime Minister.
Jammu and Kashmir had a unique history and relationship with India, which warranted a separate constitution. In 1947, when India gained independence and Pakistan was created, Jammu and Kashmir acceded to India but on its own terms. The state's monarch, Maharaja Hari Singh, wanted to establish a 'democratic constitution based on adult franchise'. The separate constitution allowed Jammu and Kashmir to have a certain level of autonomy and self-governance while still being a part of the Indian Union.
The revocation of Jammu and Kashmir's special status and the subsequent cessation of its separate constitution in 2019 led to several changes. The state flag was replaced by the Indian flag, and Indian citizens could now buy and sell properties in the state. The residents of Jammu and Kashmir would now be governed by the same laws as the rest of India, and the state would no longer have the power to determine 'permanent residency' or grant special privileges to its residents.
