May 12, 2014

Special Status of Jammu and Kashmir- Features of Article 370

Article 370 and its features. Provision of special Status of Jammu and Kashmir in Indian Constitution useful for Indian Polity Section in UPSC IAS Exams and APPSC Bank Po Exams. After independence Pakistan attempted to annex the State militarily. Meanwhile, the Maharaja signed the Instrument of Accession with India along with certain concessions for the autonomy of the State. This special status of the State is enshrined in Art. 370 of the Constitution. Article 370 is not an anomaly but an exciting example of the infinite possibilities of federal and con-federal governance in India 

The important features of the Special status are as follows: 
  1. The State has its own Constitution. This also implies that ‘dual citizenship’ principle is followed in this State. 
  2. Contrary to the case with the other States, the residuary power lies with the Legislature of the Jammu & Kashmir (and not the Parliament).
  3. No Constitutional Amendment Act passed by the Parliament is applicable to J & K unless it is extended so by a Presidential order  
  4. The national emergency proclaimed only on the ground of war or external aggression shall have automatic extension to the State of Jammu & Kashmir. 
    special status of jammu and kashmir - indian polity for upsc ias and bank po exams
  5.  No proclamation under Art.352 (National Emergency) can be applied to J & K without the concurrence of the State Government.This means that the national emergency proclaimed on the ground of armed rebellion shall not have automatic extension to J& K. 
  6. The Directive Principles of State Policy do not apply to J & K and the Fundamental Right To Property still exists in the State. Article 35A of the adapted Union Constitution empowers the Jammu and Kashmir legislature to define its `permanent residents' and limit the rights to settlement and owning immovable property.  Arts. 19 (1) (f) and 31 (2) have not been abolished for this State and hence ‘right to property’ still stands guaranteed to the people of Jammu & Kashmir. 
  7. Equally, the Constitution of Jammu and Kashmir ensures that all `permanent resident' Kashimiris shall also have all the constitutional rights of all other Indians. But not everyone can settle in the State to claim its `permanent resident' status.
  8. The Governor of the State is to be appointed only after consultation with the Chief Minister of that State. 
  9. The Parliament is not empowered to make laws on the subjects of State List (7th Schedule) for the State of Jammu and Kashmir under any circumstance. 
  10. Financial Emergency (Art. 360) cannot be imposed on the State. 
  11. Apart from the President's rule, Governor's rule can also be imposed on the State for a maximum period of six months.
  12. The preventive detention laws (Art. 22) of Parliament do not have automatic extension to the State. 
  13. The name, boundary or territory of the State cannot be changed by the Parliament without the concurrence of the State Legislature.
Other Special Provisions for different States in India:
Article 371 contains special provisions for Maharashtra and Gujarat. Then follow a stream of special provisions, including Articles 371A (for Nagaland), 371B (Assam), 371C (Manipur), 371D and E (Andhra Pradesh), 371F (Sikkim), 371G (Mizoram), 371H (Arunachal Pradesh), and 371(I) (Goa). To this may be added the Fifth and Sixth Schedules of the Constitution, which grant special provisions to the Tribal Areas and the Northeastern States.
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