Eleanor Finch
The Constitution of Jammu and Kashmir was the legal framework for the state government of the Indian state of Jammu and Kashmir. It was adopted on 17 November 1956 and came into effect on 26 January 1957. The constitution granted Jammu and Kashmir special status among Indian states, allowing it to have a separate constitution, a state flag, and autonomy over its internal administration. On 5 August 2019, the President of India issued an order under Article 370 of the Indian Constitution, revoking the special status of Jammu and Kashmir and rendering the state constitution infructuous. This action has been a subject of dispute and has led to various reactions and responses from within India and other countries.
| Characteristics | Values |
|---|---|
| Date of adoption | 17 November 1956 |
| Date of coming into effect | 26 January 1957 |
| Date of being rendered infructuous | 5 August 2019 |
| Article defining extent of "Executive" and "Legislative" powers of the state | Article 5 of Part 2 |
| Sectors in which Government of India can make laws for Jammu and Kashmir | Defense, Foreign affairs, Finance, and Communication |
| Article about amendment of the Jammu and Kashmir Constitution | Article 147 of Part 12 |
| Definition of Pakistan-administered Kashmir | Article 48 of Part VI |
| Number of seats in Jammu and Kashmir state legislative assembly | 111 |
| Schedules not applicable to the state | 5th Schedule, 6th Schedule |
| Requirements for amending the Provisions of the State Constitution | Act of the Legislative Assembly of the state passed by at least two-thirds of its membership |
| Requirements for amendments affecting Governor or Election Commission | President's assent |
| Article stating that no amendment of the Constitution of India shall extend to Jammu and Kashmir unless ordered by Jammu and Kashmir President | Article 370(1) |
| Article granting special status to Jammu and Kashmir among Indian states | Article 370 |
| Article empowering Jammu and Kashmir state's legislature to define "permanent residents" | Article 35A |
| Article defining relationship of the State with the Union of India | Article 3 |
| Article defining tenure of Jammu and Kashmir Legislative Assembly | Article 239a |
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What You'll Learn
- The role of the President of India in amending the Constitution of Jammu and Kashmir
- The revocation of the special status of Jammu and Kashmir
- The role of the State Legislature
- The applicability of the Indian Constitution to Jammu and Kashmir
- The impact of the revocation on the residents of Jammu and Kashmir
The role of the President of India in amending the Constitution of Jammu and Kashmir
The Constitution of Jammu and Kashmir was adopted on 17 November 1956 and came into effect on 26 January 1957. It established the framework for the state government of the Indian state of Jammu and Kashmir and granted it special status among Indian states. Notably, it was the only state in India to have a separate constitution.
The President of India has issued several Presidential Orders amending the Constitution of Jammu and Kashmir. One notable example is The Constitution (Application to Jammu and Kashmir) Order, 1954, which was issued with the concurrence of the state government and the J&K Constituent Assembly. This Order applied Part-III of the Indian Constitution, relating to fundamental rights, to Jammu and Kashmir. It also introduced Article 35A, which empowered the Jammu and Kashmir state legislature to define "permanent residents" and provide them with special rights and privileges.
Another important instance of the President's role was on 5 August 2019, when 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, rendering the Constitution of Jammu and Kashmir infructuous from that date.
Additionally, the President of India has also played a role in modifying specific articles of the Constitution of India as they apply to Jammu and Kashmir. For example, in the case of Maqbool Damnoo v State of Jammu & Kashmir, the President issued an Order to modify Article 367, changing the meaning of 'Sadar-i-Riyasat' to 'Governor'.
Furthermore, the President's Rule has been extended in Jammu and Kashmir, with the President issuing orders to modify the application of certain articles of the Constitution. For instance, in Puranlal Lakhanpal v The President of India, a Presidential Order allowed Jammu and Kashmir to be represented in the Lok Sabha only through indirect elections, modifying Article 81.
In summary, the President of India has played a crucial role in amending the Constitution of Jammu and Kashmir through the use of Presidential Orders and the extension of provisions of the Constitution of India. These actions have had significant implications for the state's relationship with the Union of India and the rights of its residents.
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The revocation of the special status of Jammu and Kashmir
Jammu and Kashmir, a region in the northern part of the Indian subcontinent, has been a subject of dispute between India, Pakistan, and China since 1947. The revocation of its special status has been a highly controversial issue, with several political parties and communities opposing the decision.
Article 370, drafted by Sir Narasimha Ayyangar Gopalaswami Ayyangar, granted Jammu and Kashmir the power to have its own constitution, a state flag, and autonomy over internal administration. It was added to the Indian Constitution through a Presidential Order in 1954 and provided for six special provisions for Jammu and Kashmir. These provisions included exempting the state from the complete applicability of the Indian Constitution, conferring limited central legislative powers in matters of defence, foreign affairs, and communications, and requiring the concurrence of the state government for extending other constitutional powers.
The revocation of Article 370's special status had significant implications for the region. The Indian Home Minister introduced a Reorganisation Bill to divide the state into two union territories—Jammu and Kashmir, and Ladakh—to be governed by a lieutenant governor and a unicameral legislature. This bill was passed by India's upper house of parliament, the Rajya Sabha, on 5 August 2019, and by the lower house, the Lok Sabha, on 6 August 2019.
The revocation was justified by government officials as a means to enable the people of the state to access various government programmes and rights, such as reservation, education, and information. However, the decision was not without opposition and sparked protests in certain areas. The Indian Army's actions, such as cutting off communication lines and deploying additional security forces, also raised concerns.
The constitutionality of the revocation was challenged through petitions, and on 11 December 2023, the Supreme Court upheld the Union government's action. This decision was reflected in a judgement written by Chief Justice D.Y. Chandrachud and fellow justices, who affirmed the revocation of Jammu and Kashmir's special status.
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The role of the State Legislature
The Constitution of Jammu and Kashmir was adopted on November 17, 1956, and came into effect on January 26, 1957. It was the only Indian state to have a separate constitution, which established a framework for the state government. The constitution granted the state a special autonomous status, with residual powers vested in the state government.
The State Legislature also played a crucial role in defining the "permanent residents" of the state through Article 35A, which was added to the Indian Constitution through a Presidential Order in 1954. This article allowed the state legislature to grant special rights and privileges to permanent residents, including property rights, employment opportunities, scholarships, and other social benefits.
Additionally, the State Legislature had the authority to determine the official language of the state. While Urdu was the official language, the State Legislature could provide for the use of English for official purposes.
It is important to note that the special status of Jammu and Kashmir, including the role of the State Legislature, underwent significant changes in 2019. On August 5, 2019, the President of India revoked the special status granted under Article 370, rendering the Constitution of Jammu and Kashmir infructuous. This action led to the extension of all provisions of the Constitution of India to the state, impacting the legislative powers and autonomy previously held by the Jammu and Kashmir Legislative Assembly.
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The applicability of the Indian Constitution to Jammu and Kashmir
Article 370 stipulated that the powers of the Central Government over Jammu and Kashmir would be limited, and that the state's constituent assembly would need to concur with the application of most articles of the Indian Constitution. Initially, only two articles of the Indian Constitution applied in full to Jammu and Kashmir, with other provisions requiring exceptions and modifications. This allowed Jammu and Kashmir to have its own constitution, a separate flag, and the freedom to make its own laws in certain areas, such as permanent residency, property ownership, and fundamental rights.
In 2019, the Government of India made a significant move by revoking most of Article 370, ending the special status of Jammu and Kashmir. The President of India issued The Constitution (Application to Jammu and Kashmir) Order, 2019, which rendered the Constitution of Jammu and Kashmir infructuous and made all the provisions of the Indian Constitution applicable to the state. This marked a major shift in the relationship between India and Jammu and Kashmir, bringing it on par with other Indian states.
The decision to revoke Article 370 was not without controversy, as it was met with mixed reactions and sparked debates about the region's autonomy and relationship with the rest of India. The applicability of the Indian Constitution to Jammu and Kashmir continues to evolve, with the region now functioning as a legislative assembly under an administrator appointed by the central government.
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The impact of the revocation on the residents of Jammu and Kashmir
The revocation of the special status of Jammu and Kashmir in 2019 has had a significant impact on the residents of the region. The region was once a princely state called Jammu and Kashmir, but it joined India in 1947 soon after the subcontinent was divided at the end of British rule. The revocation of Articles 370 and 35A of the Indian Constitution ended the state's separate constitution, state flag, and autonomy over its internal administration.
One of the most notable impacts of the revocation has been the extension of all Indian laws to the region. This includes the ability of people from outside the state to buy property in Jammu and Kashmir, which was previously prohibited. The revocation has also resulted in changes to the region's politics and bureaucracy, with the state being reorganised into two federally administered territories: Jammu and Kashmir, and Ladakh. This reorganisation has led to concerns about the protection of the state's distinct demographic character as the only Muslim-majority state in India.
The revocation of the special status has also had an impact on the security situation in the region. There has been an upsurge in protests and violence in Indian-administered Kashmir, with a heavy security deployment in place since the revocation. There have also been continued clashes between Indian and Pakistani military forces across the 'Line of Control' that divides the two countries in the region.
The residents of Jammu and Kashmir have also experienced a year without high-speed internet access following the revocation, with the Supreme Court of India ordering a review of the restrictions on internet services. There have also been reports of widespread detentions, including those of politicians and business leaders, which has been a cause for concern for the international community.
Overall, the revocation of the special status of Jammu and Kashmir has had far-reaching consequences for the region's residents, with impacts on their legal rights, political representation, security, and access to the internet and other forms of communication. The full effects of the revocation remain to be seen, as the situation in the region continues to evolve.
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Frequently asked questions
The constitution of Jammu and Kashmir was amended by the Legislative Assembly of the state, with a two-thirds majority vote. If the amendment affected the Governor or Election Commission, the President's assent was required.
Article 370 of the Indian Constitution granted Jammu and Kashmir special status, allowing the state to have its own constitution, flag, and autonomy over internal administration. It was revoked by the Indian government on 5 August 2019.
The revocation of Article 370 rendered the Constitution of Jammu and Kashmir infructuous, meaning all the provisions of the Indian Constitution now apply to the state. This removed the state's separate set of laws and special rights for its residents.
