Chapter 35: RELATIONSHIP WITH J&K
J&K has its own constitution.
Special status is given to J&K which is unparalled.
Features of the special status:
can make laws on matters on the union list and some
matters in the concurrent
1 and 370 apply to J&K other articles apply with
modifications as directed by the president in
concurrence with the state
can declare that Article 370 ceases to exist after
recommendation of the
area, boundary can’t be changed by the union without
consent of the state
powers belong to the state legislatures. Law of
preventive detention can be
made by the state only.
rights are applicable to the state [with modifications
and some additional
rights are there too] but DPSP or fundamental duties
of J&K can issue writs to enforce
fundamental rights only. CAG, EC and special leave
jurisdiction of SC are
5 and 6 aren’t applicable here.
order needed if any constitutional amendment has to
extend to the state.
treaties affecting any territory can be made only if
state government agrees.
emergency on internal disturbance won’t have any effect
on state unless state
can’t impose financial emergency in state.
can’t suspend constitution of J&K for failure to
comply with his
rule can be imposed on lines of the state constitution.
The State of J&K has been in turmoil due to the government's decision to issue identity cards to people from West Pakistan [mostly hindus and sikhs] who have migrated to India after partition. The separatists have accused the government of trying to change the demography of the state by increasing the number of non kashmiri residents. However there is no basis to this accusation. The West Pakistani migrants have been identity-less for three generations. They have no quotas in jobs or education, they can’t participate in local body elections or state elections. They also can’t stand for these elections or buy land in the state as the complex state laws prohibit this.
Therefore the government has done the right thing in issuing identity cards to these members.
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