RELATION BETWEEN JAMMU AND KASHMIR AND INDIA

In pursuance of the provisions of Article 370 the President issued an order called the Constitution ( Application to Jammu and Kashmir) Order 1950, to specify the jurisdiction over the state. In 1952 the Government of India and the State of J&K entered into an agreement at Delhi regarding their future relationship. In 1954, the Constituent Assembly of J&K approve the stat's accession to India as well as the Delhi Agreement. Then, the President issued another order with the same title, that is the Constitution (Application to Jammu and Kashmir) Order, 1954. This order superseded the earlier order of 1950 and extended the Union's jurisdiction over the state. This is the basic order that, as amended and modified from time to time, regulates the constitutional position of the state and its relationship with the Union. At present, this is as follows:-

1. Jammu & Kashmir is a constituent state of the Indian Union and has its place in Part I and Schedule I of the constitution of India ( dealing with the Union and its Territory). But its name area or boundary cannot be changed by the Union without the consent of its legislature.
2. The State of J&K has its own Constitution and is administered according to that Constitution. Hence, Part VI of the constitution of India ( dealing with state governments) is not applicable to this state. The very definition of 'state' under this part does not include the State of J&K.
3. Parliament can make laws in relation to the state on most of the subjects enumerated in the Union List and on a good number of subjects remunerated in the Concurrent List. But, the residuary power belongs to the state legislature except in few matters like prevention of activities involving terrorist acts, questioning or disrupting the sovereignty and territorial integrity of India and causing insult to the National Flag, National Anthem and the Constitution of India. Further,the power to make laws of preventive detention in the state belongs to the state legislature. This means that the preventive detention in the state belongs to the state legislature. This means that the preventive detention laws made by the Parliament are not applicable to the state.
4. Part III (dealing with Fundamental Rights) is applicable to the state is applicable to the state with some exceptions and conditions. The Fundamental Rights to Property is still guaranteed in the state. Also, certain special rights are granted to the permanent residents of the state with regard to public employment, acquisition of immovable property, settlement and government scholarships.
5. Part IV ( dealing with Directive Principles of State Policy) and Part IV-A( dealing with Fundamental Duties) are not applicable to the state.
6. A national emergency declared on the ground of internal disturbance will not have effect in the state except with the concurrence of the state government.
7. The President has no power to declare a financial emergency in relation to the state.
8. The President has no power to suspend the Constitution of the state on the ground of failure to comply with the directions given by him.
9. The State emergency ( President's rule) is applicable to the state. However, this emergency can be imposed in the state on the ground of failure of the constitutional machinery under the provisions of state constitution and not Indian Constitution. In fact, two types of emergencies can declared in the state, namely, president's Rule under the Indian constitution and  Governor's Rule under the state constitution. In 1986, the presidents Rule was imposed in the state for first time.
10. International treaty or agreement affecting the disposition of any part of the territory of the state can be made by the centre only with the consent of the state legislature.
11. An amendment made to the Constitution of India does not apply to the state unless it is extended by a presidential order.
12. Official language provisions are applicable to the state only in so far as they relate to the official language of the Union, the official language of inter-state and centre-state communications and the language of the supreme Court proceedings.
13. The fifth schedule ( dealing with administration and control of schedule areas and scheduled tribes) and the sixth schedule ( dealing with administration of tribal areas) do not apply to the state.
14. The special leave jurisdiction of the Supreme Court and the jurisdictions of the election commission and the comptroller and auditor general are applicable to the state.
15. The High court of J&K can issue writs only for the enforcement of the fundamental rights and not for any other purpose.
16. The provisions of Part II regarding the denial of citizenship rights of migrants to Pakistan are not applicable to the permanent residents of J&K, who after having so migrated to Pakistan return to the state for resettlement. Every such person is deemed to be a citizen of India. 

Therefore, the two characteristic features of the special relationship between the state of J&K and the Union of India are#

(a) The state has a much greater measure of autonomy and power than enjoyed by the other states; and 

(b)  Centre's jurisdiction within the state is more limited thatn what it ahs with respect to other states. 

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SPECIAL STATUS OF JAMMU & KASHMIR (Articel 370)

Do you know Jammu and Kashmir has a status of special state?

Do you know Jammu and kahsmir has it own flag and constitution?

Let's start and know about Jammu & Kashmir the integral part of India. 

Jammu & Kashmir Flag

          Under Article 1 of the Indian constitution the State of Jammu and Kashmir ( J&K) is a constituent state of Indian Union and its territory forms a part of the territory of India. On the other hand, Article  370 in Part XXI of the Constitution grants a special status to it. Accordingly, all the provisions of the constitution of India do not apply to it. It is also the only state in the Indian Union which has its own separate state constitution-the  Constitution of Jammu and Kashmir. 

          Under the same Part (XXI) of the Constitution eleven other states of the Indian Union also enjoy special status but only in certain monor matters. On the other hand, the special status enjoyed by the State of J&K ( as mentioned above) is unparalleled.

Accession of J&K to India

          With the end of the British paramountcy, the State of Jammu and Kashmir (J&K) became independent on 15 August 1947. Initially its ruler, Maharaja Hari Singh, decided not to join India or Pakistan and thereby remain independent. On 20 October 1947, the Azad Kashmir Forces supported by the Pakistan army attacked the frontiers of the state. Under this unusual and extraordinary political circumstance, the ruler of the state decided to accede the state to India. Accordingly, the 'Instrument of Accession of Jammu and Kashmir to India' was signed by Pandit Jawaharlal Nehru and Maharja Hari Singh on 26 October 1947. Under the state surrendered only three subjects ( defense, external affairs, and communications) to the Dominion of India. At that time, the Government of India amde a commitment that 'the people of this state, through their own Constituent Assembly, would determine the internal Constitution of this state and the nature and extent of the jurisdiction of the Union of Indian over the sate, and until the decision of the Constituent Assembly of the State,  the Constitution of India could only provide an interim arrangement regarding the state. In pursuance of this commitment, Article 370 was incorporated in the Constitution of India. It clearly states that the provisions with respect to the State of J&K are only temporary and not permanent. It became operative on 17 November 1952 with the following provisions:

1. The provisions of Article 238 (dealing with the administration of Part B states) is not applicable to the sate of J&K. The state of J&K was specified in the category of Part B states in the original Constitution (1950). This Article in Par VII was subsequently omitted from the constitution by the 7th Constitutional amendment Act (1956) in the wake of the reorganisation of states. 
2. The power of Parliament to make laws for the state is limited to: (a) Those matters in the Union List and the Concurrent List which correspond to matters specified in the state's Instrument of Accession. These matters are to be declared by the president in consultation with the state government. The Instrument of Accession contained matters classified under four heads, namely, external affairs, defense, communications and ancillary matter. (b) Such other matters in the Union List and the Concurrent List which are specified by the president with the concurrence of the state government. This means that laws can be made on these matters only with the consent of the State of J&K.
3. The provisions of Article 1 (declaring India as union of states and its territory) and this Article ( that is, Article 370) are applicable to the state of J&K.
4. Besides above, the other provisions of the Constitution can be applied to the state with such exceptions and modifications as specified by the President in consultation with the state government or with the concurrence of the state government.
5. The president can declare that Article 370 ceases to be operative or operates with exceptions and modifications. However, this can be done by the president only on the recommendation of constituent assembly of the state. 

Therefore, Article 370 makes Article 1 and Article 370 itself applicable to the State of J&K at once and authorises the president to extend other Articles to the state. 

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