Malcolm Rivera
Jammu and Kashmir (J&K) was the only state in India with its own constitution, enacted on 26 January 1957 and abrogated by the President on 5 August 2019. The J&K Constitution was a product of bilateralism, with the Indian Constitution offering certain safeguards to J&K, and J&K treating the provisions of the Indian Constitution as sacrosanct. Article 370 of the Indian Constitution gave J&K special status, allowing it to have its own constitution, a separate flag, and autonomy in internal administration. The J&K Constitution defined the framework for the government of J&K and provided justice, freedom, fraternity, and equality to its residents. While the Indian Constitution is now applicable to J&K, the region has historically been the subject of a dispute between India, Pakistan, and China since 1947.
| Characteristics | Values |
|---|---|
| Constitution | Jammu and Kashmir had its own constitution, enacted on 26 January 1957 and abrogated by the President on 5 August 2019 |
| Relationship with the Indian Constitution | The J&K Constitution was a product of bilateralism. It treated the provisions of the Indian Constitution as sacrosanct, and the Indian Constitution offered certain safeguards in return. |
| Special status | The J&K state had special autonomy and separate state laws. |
| Instrument of Accession | The IoA gave the Government of India limited powers over foreign affairs, defence, and communications. |
| Article 370 | Article 370 was the medium through which the Indian Constitution and the J&K Constitution communicated. It was incorporated into the Indian Constitution due to the special circumstances surrounding Jammu and Kashmir's relationship with the Union of India. |
| Secularism | Jammu and Kashmir is not a secular state as the word "secular" is not mentioned in the preamble of its constitution. |
| Permanent residency | The J&K Constitution defines a concept of permanent residency, which grants special rights and privileges to residents of the state. |
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What You'll Learn
Jammu and Kashmir had a separate constitution
Jammu and Kashmir was the only state in India with its own constitution, which was enacted on 26 January 1957 and abrogated by the President on 5 August 2019. The constitution defined the concept of permanent residency, which was later reflected in the Indian Constitution's 1954 Constitution Order through the insertion of Article 35A. This article gave the Jammu and Kashmir State Legislature the authority to decide on the 'permanent residents' of the state and grant them special rights and privileges.
The Jammu and Kashmir Constitution was formed under special circumstances, with limited powers given to the Government of India in matters of foreign affairs, defence, and communications. This relationship was governed by Article 370, which was incorporated into the Indian Constitution and allowed both constitutions to coexist and communicate. The constitution of Jammu and Kashmir was also influenced by the Indian Constitution, with its preamble being an adaptation of the Indian Constitution's preamble.
Despite having its own constitution, Jammu and Kashmir was still an integral part of India, as expressed in the preamble of its constitution: "WE, THE PEOPLE OF THE STATE OF JAMMU AND KASHMIR, having solemnly resolved, in pursuance of the accession of this State to India which took place on the twenty-sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof... ".
However, one key difference between the two constitutions was the absence of the word "secular" in the Jammu and Kashmir constitution. Despite efforts by legislators to incorporate the word, ruling parties repeatedly sabotaged these attempts. As a result, Jammu and Kashmir is not recognised as a secular state, even though the Indian Constitution added "secular" in 1976 with the 42nd amendment.
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The J&K constitution was a product of bilateralism
Jammu and Kashmir (J&K) was the only state in India with a separate constitution, enacted on 26 January 1957 and abrogated by the President on 5 August 2019. The J&K Constitution was a product of bilateralism, treating the provisions of the Indian Constitution as sacrosanct, and in return, the Indian Constitution offered certain safeguards. Article 370 was the "medium" through which both constitutions communicated over the years, and it required an elected state government and the Union to work together. This article was a manifestation of the principle of federalism, and any changes to it would require a bilateral exercise with dialogue and deliberation.
The J&K Constitution was formed by the J&K Constituent Assembly, a body recognised by the Indian Constitution. The Indian Constitution directed the formation of the J&K Constituent Assembly, and the two constitutions complemented each other. Article 370 recognised an 'asymmetric' form of federalism, which acknowledged the special conditions and needs of the people of J&K and granted them special rights. This system of federalism was crucial and could not be abrogated.
The J&K Constitution imposed limitations on the executive powers of the Union of India and restricted the legislative reach of the Parliament. The Union Legislature had very limited jurisdiction over J&K compared to other states. The Parliament could only legislate on subjects contained in the Union List and had no jurisdiction over the Concurrent List under the 7th Schedule with J&K. The Union of India also had no power to declare a Financial Emergency under Article 360 in the state.
The J&K Constitution, in Part III, defined the concept of Permanent Residency, which was different from the unitary citizenship defined by the Constitution of India. The 1954 Constitution Order, by inserting Article 35A into the Indian Constitution, gave the J&K State Legislature "complete authority" to decide the 'permanent residents' of the state and grant them special rights and privileges. These included state public sector jobs, acquisition of property within the state, scholarships, and other public aid and welfare programmes.
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J&K is not a secular state
Jammu and Kashmir (J&K) was the only state in India with a separate constitution, enacted on 26 January 1957 and abrogated in 2019. The J&K Constitution was formed as a result of the Indian Constitution, which had directed the formation of the J&K Constituent Assembly. The J&K Constitution defines a concept of Permanent Residency, which is different from the unitary citizenship of India.
In 2019, the Bharatiya Janata Party (BJP), which included the revocation of Article 370 of the Constitution of India in its election manifesto, came to power. Article 370 had accorded special status to J&K, and its repeal brought J&K to equal status with other states of India. The resolution to repeal Article 370 was passed by the Parliament of India in August 2019, and a reorganisation act was passed to reconstitute the state into two union territories: Jammu and Kashmir, and Ladakh.
In April 2025, the Supreme Court of India upheld the abrogation of Articles 370 and 35A, and directed the union government to restore the statehood of Jammu and Kashmir and hold legislative assembly elections.
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The Indian Constitution offered certain safeguards to J&K
Jammu and Kashmir (J&K) was the only state in India with a separate constitution, which was enacted on 26 January 1957 and abrogated by the President on 5 August 2019. The Indian Constitution offered certain safeguards to J&K, which enjoyed a special but temporary autonomous status as mentioned in Part XXI of the Indian Constitution.
Article 370 of the Indian Constitution gave special status to J&K, which was administered by India as a state from 17 November 1952 to 31 October 2019. Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration. It was incorporated into the Indian Constitution to address the unique political circumstances around J&K, including the ongoing war in the state, the involvement of the United Nations, and the promises made by the Indian government to the state, including the state's right to decide its political future.
The Instrument of Accession (IoA) gave limited powers to the Government of India regarding foreign affairs, defence, and communications. The relationship of J&K with the Union of India was governed by special circumstances, and Article 370 was the medium through which both constitutions communicated. The J&K Constitution was considered a product of bilateralism, with the provisions of the Indian Constitution treated as sacrosanct.
The Indian Constitution also provided for the establishment of the J&K Constituent Assembly, which had the authority to determine which provisions of the Indian Constitution would apply to the state. The Constituent Assembly of J&K dissolved itself on 25 January 1957 without recommending either abrogation or amendment of Article 370, thus making it a permanent feature of the Indian Constitution.
Additionally, the 1954 Constitution Order inserted Article 35A into the Indian Constitution, granting the J&K State Legislature complete authority to decide the 'permanent residents' of the state and conferring special rights and privileges upon them.
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J&K had special autonomy and separate state laws
Jammu and Kashmir (J&K) was the only state in India with a separate constitution, enacted on 26 January 1957 and abrogated in August 2019. The J&K Constitution was a product of bilateralism, treating the Indian Constitution as sacrosanct while the Indian Constitution offered certain safeguards. Article 370 of the Indian Constitution gave special status to J&K, located in the northern part of the Indian subcontinent and part of the larger region of Kashmir, which has been the subject of a dispute between India, Pakistan, and China since 1947.
Article 370 conferred on J&K the power to have a separate constitution, a state flag, and autonomy of internal administration. The Constituent Assembly of J&K was empowered to recommend the extent to which the Indian Constitution would apply to the state, and it could also abrogate Article 370 altogether. The Instrument of Accession (IoA) gave limited powers to the Government of India only in matters of Foreign affairs, Defence, and Communications. The Union Legislature had very limited jurisdiction over J&K compared to other states.
The J&K Constitution defined the concept of Permanent Residency, which was later replaced by a domicile law. The state legislature had the power to make Preventive Detention laws, and it was not subject to the Union's power to declare a Financial Emergency. The Union could only declare an emergency in the state in the case of War or External Aggression.
In 2019, the special status of J&K was revoked by the Indian government, which led to the region being administered as a union territory. The revocation was accompanied by the cutting off of communication lines in the Kashmir Valley, the deployment of additional security forces, and the detention of several leading Kashmiri politicians. The Indian government justified the revocation by stating that it would enable people in the state to access government programs and rights such as education and information.
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Frequently asked questions
Jammu and Kashmir was the only state in India with a separate constitution, enacted on 26 January 1957. However, this constitution was abrogated by the President on 5 August 2019, and now the Constitution of India is applicable to Jammu and Kashmir.
The Instrument of Accession signed by Maharaja Hari Singh, the then-ruler of Jammu and Kashmir, stated that the state could not be compelled to accept any future Constitution of India. This allowed the state to draft its own constitution and decide what powers to extend to the Central Government.
While the word "secular" was incorporated into the Constitution of India in 1976, repeated efforts to incorporate it into the Jammu and Kashmir constitution were sabotaged by the ruling parties. As such, Jammu and Kashmir is not a secular state.
The Jammu and Kashmir Constitution was a product of bilateralism, treating the provisions of the Indian Constitution as sacrosanct while the Indian Constitution offered certain safeguards. Article 370 was the medium through which both constitutions communicated, allowing the Jammu and Kashmir Constituent Assembly to recommend the extent to which the Indian Constitution would apply to the state.
