Jonah Patel
The Constitution of Jammu and Kashmir was drafted by the Jammu and Kashmir Constituent Assembly, which was led by Prime Minister of Jammu and Kashmir, Sheikh Abdullah. The Assembly sat for 56 days over a 5-year period and adopted the Jammu and Kashmir Constitution on 17 November 1956, which came into effect on 26 January 1957. The Constitution was signed into law by the Maharaja (later Sadr-e-Riyasat) Dr. Karan Singh in 1957. It established a framework for the government of Jammu and Kashmir and was the only state constitution in India.
| Characteristics | Values |
|---|---|
| Date of adoption | 17 November 1956 |
| Date of enactment | 26 January 1957 |
| Number of articles | 158 |
| Number of parts | 13 |
| Number of schedules | 7 |
| Number of amendments | 29 (as of 2002) |
| Authors | Sheikh Abdullah, Moti Ram Baigra, Mirza Afzal Beg, Maulana Mohammad Masoodi |
| Special status | Revoked on 5 August 2019 |
| Number of members in the Legislative Council | 36 |
| Number of members in the Legislative Assembly | 111 |
| Number of members from the Kashmir Province in the Legislative Assembly | 11 |
| Number of members from the Jammu Province in the Legislative Assembly | 11 |
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What You'll Learn
The Constituent Assembly
The Assembly largely adopted procedures similar to the Indian Constituent Assembly. Smaller groups of Assembly members were formed into Committees that produced draft articles on specific themes. These included the Committees on Rules of Procedure, the Advisory Committee on Fundamental Rights and Citizenship, and the Basic Principles Committee. The reports of these Committees, containing draft articles, were presented to the plenary Assembly for debate and amendments. The Assembly would then adopt or reject the Article through a vote.
The Jammu and Kashmir Constituent Assembly sat for 56 days over a 5-year period and adopted the Jammu and Kashmir Constitution on 17 November 1956. The Constitution came into effect on 26 January 1957. It was the only state in India with its own Constitution and National Flag.
The Constitution of Jammu and Kashmir provided justice, freedom, fraternity, and equality to the residents of the state. It also defined the concept of Permanent Residency, which was unique within India's unitary citizenship. The state legislative assembly determined who qualified as a 'permanent resident'.
On 5 August 2019, the special status granted to Jammu and Kashmir under Article 370 was revoked by the Union Government through a presidential order. This order rendered the Constitution of Jammu and Kashmir infructuous and made all the provisions of the Constitution of India applicable to the state.
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The role of Sheikh Abdullah
Sheikh Abdullah played a central role in the politics of Jammu and Kashmir. He was born on 5 December 1905 on the outskirts of Srinagar, Kashmir. He graduated from Punjab University in 1928 and completed his postgraduate studies in Physics from Aligarh Muslim University in 1930. The anti-colonial politics at these universities inspired him to resign from his job as a schoolteacher and work full-time for the betterment of the Muslim masses in Kashmir.
In October 1932, soon after his release from prison for protesting against the death of 21 people in police firing, Sheikh Abdullah founded the All Jammu and Kashmir Muslim Conference. He agitated against the rule of Maharaja Hari Singh and urged self-rule for Kashmir. In 1939, he successfully campaigned to change the name of the Muslim Conference to the National Conference.
In 1946, the National Conference started the massive 'Quit Kashmir' movement against the ruling Dogra dynasty. Sheikh Abdullah also succeeded Nehru as the President of the All India State Peoples' Conference, but was soon arrested by the Maharaja on charges of sedition. After his release, he asserted the right of the people of Jammu and Kashmir to decide the future of the state. He mobilised the people for the defence of Kashmir against Pakistani-supported tribal aggressors and urged the Maharaja to accept accession to India.
Sheikh Abdullah was appointed head of an emergency administration in October 1947 and took charge of Srinagar with a force of local Kashmiri volunteers. In 1948, he was appointed as the Prime Minister of Jammu and Kashmir. He joined the Constituent Assembly of India in 1949 and played a critical role in negotiating the terms of Jammu and Kashmir's entry into the Indian Union, which granted it a distinct status.
In 1950, Sheikh Abdullah's party, the Jammu and Kashmir National Conference, passed a resolution asking the Government of India to convene a Constituent Assembly based on adult suffrage. In his opening speech at the Constituent Assembly in Srinagar on 31 October 1951, he announced that Kashmir would join India but on its own terms.
Sheikh Abdullah was a part of the Constituent Assembly of Jammu and Kashmir, which drafted the State Constitution from 1951 to 1956. The Assembly sat for 56 days over a 5-year period and adopted the Jammu and Kashmir Constitution on 17 November 1956. As Prime Minister, Sheikh Abdullah implemented a vigorous programme of land reforms, which included the abolishment of Zamindari, the implementation of land ceilings, the transfer of land to the landless, and equitable tenurial arrangements. These reforms have been hailed as the most substantive and impactful among all the states in India.
Sheikh Abdullah was dismissed from the position of Prime Minister in 1953 and was arrested on charges of sedition. He was briefly released in 1958 but was arrested again and remained in prison until 1964. In 1975, he accepted the position of Chief Minister under the Indian Constitution, effectively dropping the demand for a plebiscite. He remained Chief Minister until his death on 8 September 1982.
Sheikh Abdullah played a dominant role in Kashmiri politics for over half a century and was instrumental in Jammu and Kashmir's accession to the Indian Union. He is also known as Sher-e-Kashmir ("Lion of Kashmir") and Father of the State of Jammu & Kashmir ("Baba-e-Qaum").
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The relationship with India
The relationship between Jammu and Kashmir and India has been a complex and often tense one, with the region being a source of dispute between India and Pakistan since the partition of the Indian subcontinent in 1947. The Kashmir region, which includes the state of Jammu and Kashmir, has been claimed by both India and Pakistan, leading to several wars between the two countries.
In 1947, following the Indo-Pakistani War, the region was divided into three distinct areas under Indian control: the Muslim-majority Kashmir Valley, the Hindu-majority Jammu region, and the Buddhist-dominated Ladakh district. Jammu and Kashmir was administered by India as a state from 1952 until 2019, when the special status accorded to it under Article 370 of the Indian constitution was repealed. This special status recognised the autonomy of Jammu and Kashmir while also declaring it an integral part of India.
The Constitution of Jammu and Kashmir, adopted in 1956 and coming into force in 1957, further complicated the relationship between the state and India. While the constitution declared that Jammu and Kashmir was an integral part of India, it also granted the state a high level of autonomy, including a separate flag and official language. The constitution also defined the concept of Permanent Residency, which was unique to Jammu and Kashmir and barred Indian citizens from other states from purchasing property in the state.
The relationship between Jammu and Kashmir and India has been marked by periods of unrest and violence, particularly following the death of Sheikh Abdullah in 1982. Insurgent groups, often with the support of Pakistan, have fought against Indian security forces in the region, with both sides being accused of widespread human rights abuses. In 2019, the Indian government issued a presidential order under Article 370, rendering the Constitution of Jammu and Kashmir infructuous and extending all the provisions of the Constitution of India to the state. This move further strained the relationship between Jammu and Kashmir and India, with the region being reorganised into two union territories: Ladakh in the east and the residuary Jammu and Kashmir in the west.
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The special status of Jammu and Kashmir
The Indian state of Jammu and Kashmir had a special status under Article 370 of the Indian Constitution. This status was granted to the region due to its complex history and political landscape. The region of Kashmir has been the subject of dispute between India, Pakistan, and China since 1947, with India administering the state of Jammu and Kashmir.
Article 370 was incorporated into the Indian Constitution in 1949 and gave Jammu and Kashmir the power to have its own constitution, a separate flag, and autonomy over its internal administration. The state was exempt from the complete applicability of the Indian Constitution, with central legislative powers limited to defence, foreign affairs, and communications. The state government also had the authority to give 'concurrence' to the extension of other constitutional powers, but this authority lasted only until the state constituent assembly was convened.
The special status also had implications for human rights and residency laws in the state. While the Fundamental Rights in the Indian Constitution were made applicable to Kashmir in 1954, the state legislature modified these and added 'preventive detention laws' that were exempt from human rights challenges for 25 years. The state also had the power to make rules relating to permanent residency and ownership of property, barring non-residents from purchasing property or settling in the state.
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The revocation of Article 370
Article 370 of the Indian Constitution, which granted special status to the state of Jammu and Kashmir, was revoked by the Indian government on 5 August 2019. This move stripped the state of its autonomy and divided it into two union territories, to be governed by a lieutenant governor and a unicameral legislature. The revocation was passed by India's upper house of parliament, the Rajya Sabha, on 5 August, and by the lower house, the Lok Sabha, on 6 August.
Jammu and Kashmir is a region administered by India as a state and is the larger part of the Kashmir region, which has been disputed territory among India, Pakistan, and China since 1947. The special status granted to Jammu and Kashmir under Article 370 allowed the state to have its own constitution, a separate flag, and freedom to make its own laws. The state enjoyed a special but temporary autonomous status, with residual powers vested in the state government. This status was unique among Indian states and was a result of the terms under which the Maharaja of Kashmir decided to join India in 1947.
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Frequently asked questions
The Jammu and Kashmir Constituent Assembly created the constitution of Jammu and Kashmir. It was adopted on 17 November 1956 and came into effect on 26 January 1957.
The Constituent Assembly was led by Sheikh Abdullah, who was then the Prime Minister of Jammu and Kashmir. Other key members included Moti Ram Baigra, Mirza Afzal Beg, and Maulana Mohammad Masoodi.
The constitution provided justice, freedom, fraternity, and equality to the residents of the state. It also established a framework for the government of Jammu and Kashmir, including the roles of the governor and legislative assembly.
Jammu and Kashmir was the only state in India with its own constitution and national flag. It enjoyed special autonomous status due to Article 370, which was incorporated into the Indian Constitution to accommodate the integration of Jammu and Kashmir with the rest of India.
