Chapter 35: RELATIONSHIP WITH J&K

Introduction

   J&K has its own constitution. Special status is given to J&K which is unparalled.

Features of the special status:

1.      Parliament can make laws on matters on the union list and some matters in the concurrent list.

2.    Article 1 and 370 apply to J&K other articles apply with specifications or modifications as directed by the president in concurrence with the state government.

3.      President can declare that Article 370 ceases to exist after recommendation of the constituent assembly.

4.      Name, area, boundary can’t be changed by the union without consent of the state government

5.      Residuary powers belong to the state legislatures. Law of preventive detention can be made by the state only.

6.     Fundamental rights are applicable to the state [with modifications and some additional rights are there too] but DPSP or fundamental duties aren’t.

7.      HC of J&K can issue writs to enforce fundamental rights only. CAG, EC and special leave jurisdiction of SC are applicable here.

8.      Schedules 5 and 6 aren’t applicable here.

9.      Presidential order needed if any constitutional amendment has to extend to the state.

10.  International treaties affecting any territory can be made only if state government agrees.

11.  National emergency on internal disturbance won’t have any effect on state unless state government consents

12.  President can’t impose financial emergency in state.

13.  President can’t suspend constitution of J&K for failure to comply with his directions.

14.  President’s 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.

Quiz

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