Simone Lawson
The Constitution of Jammu and Kashmir was drafted by the Jammu and Kashmir Constituent Assembly, a body of representatives elected in 1951. The Assembly sat for 56 days over a 5-year period and adopted the Jammu and Kashmir Constitution on 17 November 1956. The Constitution was significant as it declared that 'The State of Jammu and Kashmir is and shall be an integral part of the Union of India'. The drafting process was influenced by key figures such as Sheikh Abdullah, who also played a role in drafting Article 370 of the Indian Constitution, which granted special powers and autonomy to Jammu and Kashmir. However, Article 370 was abrogated in 2019, leading to the reorganisation of the region into two separate union territories.
| Characteristics | Values |
|---|---|
| Date of adoption | 17 November 1956 |
| Duration of Constituent Assembly | 56 days over 5 years |
| Powers granted to Jammu and Kashmir | Separate constitution, a state flag, and autonomy of internal administration |
| Article confirming constitutional status | Article 370 of the Constitution of India, abrogated in 2019 |
| Key figures involved | Sheikh Abdullah, Moti Ram Baigra, Mirza Afzal Beg, Maulana Mohammad Masoodi, Karan Singh, N. Gopalaswami Ayyangar, Jawaharlal Nehru |
| Nature of constitution | Democratic, based on adult franchise |
| Assembly composition | Elected representatives of the people of the state |
| Number of women voters in 1951 elections | 0 |
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What You'll Learn
The Constituent Assembly
The Jammu and Kashmir Constituent Assembly was a body of representatives elected in 1951 to formulate the constitution of Jammu and Kashmir. The Assembly sat for 56 days over a 5-year period and adopted the Jammu and Kashmir Constitution on 17 November 1956. It was dissolved on 26 January 1957.
The Jammu and Kashmir Constituent Assembly was formed following the invasion of Kashmir by Pashtun tribals at the behest of the Pakistani government in October 1947. Unable to withstand the invasion, the Maharaja signed the Instrument of Accession on 26 October 1947, which was accepted by the Government of India the following day. India subsequently sent its forces into Kashmir, leading to the Indo-Pakistani War of 1947.
In January 1948, India moved the U.N. which led to United Nations Security Council Resolution 47 of 21 April 1948. This resolution required, among other things, that Pakistan withdraw from the areas of Jammu and Kashmir which it had occupied in 1947 immediately and that conditions be created for a free and impartial plebiscite to decide the future of the state. When the required withdrawal did not occur for several years, the Jammu & Kashmir National Conference, the largest political party in the state, recommended convening the Constituent Assembly in a resolution passed on 27 October 1950.
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Article 370
The Constituent Assembly of Jammu and Kashmir was elected in 1951 and approved the abolition of the state's monarchy. The Assembly sat for 56 days over five years and adopted the Jammu and Kashmir Constitution on 17 November 1956.
In 1954, the Constitutional Application Order 1950 was renamed the Constitutional Application Order 1954, and its issuance was the first infringement on the constitutional autonomy of the State of Jammu and Kashmir. In 1963, Prime Minister Pandit Nehru stated that Article 370 had been eroded and that the process of gradual erosion was ongoing.
On 5 August 2019, the Government of India issued a Presidential Order superseding the 1954 order, making all the provisions of the Indian Constitution applicable to Jammu and Kashmir. The order was based on a resolution passed in both houses of India's parliament with a two-thirds majority. A further order on 6 August rendered all clauses of Article 370 except clause 1 inoperative. The Jammu and Kashmir Reorganisation Act, 2019 was passed by the parliament, enacting the division of the state into two union territories.
On 11 December 2023, a Constitution Bench of the Supreme Court unanimously upheld the power of the President of India to abrogate Article 370 of the Indian Constitution.
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Instrument of Accession
The Instrument of Accession (IoA) was a document executed by Maharaja Hari Singh, the ruler of Jammu and Kashmir (J&K), on 26 October 1947. The IoA signalled Maharaja Hari Singh's decision to accede to the Dominion of India, as per the provisions of the Indian Independence Act, 1947, and the Government of India Act, 1935.
The text of the IoA states that the Ruler of J&K, in the exercise of his sovereignty over the state, accedes to the Dominion of India. This accession was made with the intent that the Governor-General of India, the Dominion Legislature, and other Dominion authorities would exercise functions in relation to J&K as provided for in the Government of India Act, 1935. The IoA further stipulated that the Maharaja assumed the obligation of ensuring that the provisions of the Act were given due effect within J&K.
The IoA is significant because it granted the Indian Parliament the power to legislate on specific matters concerning J&K, namely defence, external affairs, and communications. This was later formalized under Article 370 of the Indian Constitution, which was adopted in 1950. Article 370 recognized the unique constitutional status of J&K and granted it special powers and a high degree of autonomy.
The drafting of the J&K Constitution began in 1948, with the formation of the J&K Constituent Assembly. The Assembly sat for 56 days over a 5-year period and finally adopted the J&K Constitution on 17 November 1956. The constitution declared that 'The State of Jammu and Kashmir is and shall be an integral part of the Union of India'.
The IoA and the subsequent adoption of Article 370 have been a subject of debate and controversy, with Pakistan's governor-general, Mohammad Ali Jinnah, claiming that the accession was "fraudulent". The special status granted to J&K under Article 370 was abrogated in 2019, along with the removal of the state's statehood, leading to further political discussions and disputes.
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Special status and privileges
Article 370 of the Indian Constitution of 1950 granted special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent. Jammu and Kashmir was administered by India as a state from 17 November 1952 until 31 October 2019, when it was reorganized into two separate union territories. Article 370 was included under Part XXI of the Constitution, a section containing "Temporary, Transitional, or Special Provisions."
Article 370 gave Jammu and Kashmir the power to have a separate constitution, a state flag, and autonomy over the internal administration of the state. The Central government's powers over Jammu and Kashmir were limited to the subjects of defense, external affairs, and communications. Other constitutional powers of the central government could only be applied to Jammu and Kashmir with the state government's concurrence, which would be conditional on ratification by the state's constituent assembly. The state government’s concurrence was required for extending the coverage of laws on subjects other than those included in the Instrument of Accession (IoA). The state assembly could also abrogate Article 370 altogether, in which case, the entire Indian Constitution would have applied to the state.
The residents of Jammu and Kashmir lived under a separate set of laws and regulations, including those related to citizenship, ownership of property, and fundamental rights, which differed from those of other Indians. Article 370 also provided for special privileges for the permanent residents of Jammu and Kashmir in matters such as residence, property, education, and government jobs, which were unavailable to others. For instance, Article 35A of the Indian Constitution has been interpreted by some Kashmiri officials to mean that no state law can be challenged on the ground of infringing upon rights granted to all citizens of India via the national constitution.
In addition, the state government of Jammu and Kashmir issued "permanent resident certificates," which differed by gender. Certificates issued to females were marked "valid only till marriage," while certificates for males had no such markings. If a woman married an Indian outside of Kashmir, she was denied a new certificate and lost both preferential treatment in government hiring and the ability to acquire new property in the state.
On 5 August 2019, the government of India revoked the special status granted under Article 370 of the Indian Constitution to Jammu and Kashmir. 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 the people of the state to access government programs such as reservations, the right to education, and the right to information. However, the decision was opposed by several political parties and human rights groups, who argued that it violated the fundamental rights of the residents of Jammu and Kashmir.
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The Maharaja of Jammu and Kashmir
The last ruling Maharaja of Jammu and Kashmir was Hari Singh, who was born in September 1895. He was the only surviving son of Raja Amar Singh, the brother of Maharaja Pratap Singh, who was then the Maharaja of Jammu and Kashmir. Hari Singh ascended the throne of Jammu and Kashmir in February 1926, following the death of his uncle.
Hari Singh contributed troops to the British war effort in World War II and served on Churchill's Imperial War Cabinet. After India gained independence from British rule in 1947, Jammu and Kashmir had the option of joining India or Pakistan, or remaining independent. Hari Singh initially opted for independence, signing a standstill agreement with Pakistan on 14 August 1947. However, following an armed uprising in Poonch and a Pakistan-backed Pashtun tribal invasion at Muzaffarabad in October 1947, Singh appealed to India for help. India's British Governor-General, Lord Mountbatten, advised the Maharaja to accede to India before sending troops. Hari Singh acceded to India on 26 October 1947, and Indian military forces were airlifted to Kashmir.
Hari Singh had previously, in 1932, formed the Praja Sabha Jammu and Kashmir Legislative Assembly to rule with laws implemented under the Ranbir Penal Code. In 1939, he and his law and Revenue Minister, Justice Sir Lal Gopal Mukherjee, produced a written constitution for Jammu and Kashmir, which was a pioneer in the annals of Asia's constitutional history.
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Frequently asked questions
The Jammu and Kashmir Constituent Assembly drafted the constitution of Jammu and Kashmir.
The Jammu and Kashmir Constituent Assembly was a body of representatives elected in 1951. The assembly included Sheikh Abdullah, Moti Ram Baigra, Mirza Afzal Beg and Maulana Mohammad Masoodi.
The Constituent Assembly was tasked with formulating the constitution of Jammu and Kashmir. It also had to settle key questions, such as the state's relationship with India and the constitutional position of Jammu and Kashmir's monarch.
The Constituent Assembly sat for 56 days over a 5-year period and adopted the Jammu and Kashmir Constitution on 17 November 1956. The Assembly was dissolved on 26 January 1957.
The constitution of Jammu and Kashmir declared that "The State of Jammu and Kashmir is and shall be an integral part of the Union of India". It also included Article 370, which granted special powers and a high degree of autonomy to the state.
