2.

ಜಮ್ಮು ಮತ್ತು ಕಾಶ್ು ೀರದ ವಿಶೇಷ ಸ್ಥಾ ನಮಾನ ಮತ್ತು ಭಾರತೀಯ

ಒಕ್ಕೂ ಟದೊಂದಿಗಿನ ಜಮ್ಮು ಮತ್ತು ಕಾಶ್ು ೀರದ ಸಂಬಂಧದಲ್ಲಿ ನ ಇತು ೀಚಿನ
ಬದಲಾವಣೆಗಳನ್ನು ವಿವರಿಸಿ? Elaborate the Special status of Jammu & Kashmir
and the recent changes in the relationship of Jammu & Kashmir with Indian union?
Jammu and Kashmir was enjoying a special status from its accession to Indian Union as per Article 370 of
Indian constitution. Recently the central government has changed this special status and made necessary
amendments to make it par with other States and Union Territories in India.
Following were the unique provisions specifically given for Jammu and Kashmir by the Article 370.
1. The provisions of Article 1 and Article 370 were applicable to the State of J&K.
2. The State of J & K had its own Constitution and was administered according to that Constitution.
3. Part VI of the Indian Constitution were not applicable to Jammu and Kashmir .
4. Parliament could make laws in relation to the state on most of the subjects enumerated in the Union List
and on a good number of subjects enumerated in the Concurrent List.
5. But, the residuary power belonged 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.
6. Part III was applicable to the state with some exceptions and conditions. The Fundamental Right to Property
was still guaranteed in the state.
7. Some special rights were granted to the permanent residents of the state with regard to public
employment,acquisition of immovable property, settlement and government scholarships.
8. Directive Principles of State Policy(Part IV) and Fundamental Duties(Part IVA) were not applicable to the
state.
9. A National Emergency declared on the ground of internal disturbance would not have effect in the state
except with the concurrence of the state government.
10. The President had no power to declare a financial emergency in relation to the state.
11. The President had no power to suspend the Constitution of the state on the ground of failure to comply with
the directions given by him.
12. The State Emergency (President’s Rule) was applicable to the state but on the ground of failure of the
constitutional machinery under the provisions of state Constitution and not Indian Constitution.
13. Two types of Emergencies could be declared in the state, namely, President’s Rule under the Indian
Constitution and Governor’s Rule under the state Constitution.
14. An amendment made to the Constitution of India were not apply to the state unless it was extended by a
presidential order.
15. The provisions of Part II regarding the denial of citizenship rights of migrants to Pakistan were 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.
Recently central government revoked the application of Article 370 by a presidential order,and introduced in
the house a Bill for reconstitution of Jammu and Kashmir state as two distinct Union Territories such as UT of
Jammu and Kashmir and UT of Ladakh. Government did so because Article 370 was a Temporary Provisions
and the said provision also contained the procedure for repealing that by a presidential order.
Now,Jammu and Kashmir is just a normal Union Territory like Delhi,Puducherri,with a Legislative Assembly.And
citizens of India have access to Jammu and Kashmir like all other territories of India with out facing any
discrimination.

Article 370 of the Indian constitution is an article that gives autonomous status to the state of Jammu and
Kashmir.The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special
Provisions.The Constituent Assembly of Jammu and Kashmir, after its establishment, was empowered to
 2.ಜಮ್ಮು ಮತ್ತು ಕಾಶ್ು ೀರದ ವಿಶೇಷ ಸ್ಥಾ ನಮಾನ ಮತ್ತು ಭಾರತೀಯ
ಒಕ್ಕೂ ಟದೊಂದಿಗಿನ ಜಮ್ಮು ಮತ್ತು ಕಾಶ್ು ೀರದ ಸಂಬಂಧದಲ್ಲಿ ನ ಇತು ೀಚಿನ
ಬದಲಾವಣೆಗಳನ್ನು ವಿವರಿಸಿ? Elaborate the Special status of Jammu & Kashmir
and the recent changes in the relationship of Jammu & Kashmir with Indian union?
recommend the articles of the Indian constitution that should be applied to the state or to abrogate the Article
370 altogether.

After the J&K Constituent Assembly later created the state’s constitution and dissolved itself without
recommending the abrogation of Article 370, the article was deemed to have become a permanent feature
of the Indian Constitution.While the article was created to give temporary, transitional, special provisions, it
has become a Permanent feature.In the years since Independence, this article was to be removed. But due to
unwell administration and wars between India and Pakistan, this article has not been touched.

The provisions of Article 238 (dealing with the administration of Part B states) is not applicable to the state 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 Part VII was subsequently omitted from the Constitution by the 7th Constitutional Amendment Act
(1956) in the wake of the reorganisation of states.

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, defence,communications and
ancilliary matters. (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.
The provisions of Article 1 (declaring India as a Union of states and its territory) and this Article (that is, Article
370) are applicable to the State of J&K.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.
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.
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. An amendment made to the Constitution of India
does not apply to the state unless it is extended by a presidential order. 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.

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. 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. The High Court of J&K can issue writs only for the enforcement of
the fundamental rights and not for any other purpose.

The jurisdiction of National Investigation Agency (NIA) extends to whole of India as per the NIA Act, 2008. The
NIA is assigned cases by Ministry of Home Affairs pertaining to offences provided in the schedule to the NIA
Act, 2008, either on the basis of a report from the State Government or suo-motu based on the gravity of the
 2.ಜಮ್ಮು ಮತ್ತು ಕಾಶ್ು ೀರದ ವಿಶೇಷ ಸ್ಥಾ ನಮಾನ ಮತ್ತು ಭಾರತೀಯ
ಒಕ್ಕೂ ಟದೊಂದಿಗಿನ ಜಮ್ಮು ಮತ್ತು ಕಾಶ್ು ೀರದ ಸಂಬಂಧದಲ್ಲಿ ನ ಇತು ೀಚಿನ
ಬದಲಾವಣೆಗಳನ್ನು ವಿವರಿಸಿ? Elaborate the Special status of Jammu & Kashmir
and the recent changes in the relationship of Jammu & Kashmir with Indian union?
offences as envisaged under Section 6 of the Act. Ministry of Home Affairs has entrusted 32 cases related to
the State of Jammu and Kashmir to NIA.
CBI has jurisdiction and like other states Jammu and Kashmir government has to refer that case to the said
body.

The NHRC had failed to realise the statutory limitation in exercising its jurisdiction as Section (2) of the
Protection of Human Rights Act, 1993 specifically excluded the operation of the Act to J&K in so far as it
pertained to matters relatable to the entries enumerated in List II (state list) of the VII Schedule (in the instant
case public law and order) of the Constitution of India.

Under Article 370, Jammu and Kashmir was permitted to have its own flag and constitution. Jammu and
Kashmir has had a Right to Information Act since 2004, a year before the Central RTI Act came into existence.
However, the State didn't approve the Central legislation for a long time. In 2007, the State's RTI Act was
amended on the lines of the Central Act

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 than what it has with respect to other states.

The President had used his powers under Article 370 to fundamentally alter the provision, extending all Central
laws, instruments and treaties to Kashmir. However, the drastically altered Article 370 will remain on the
statute books.While the Union Territory of Jammu and Kashmir will have a legislature, the one in Ladakh will
not.

The notification by the president has effectively allowed the entire provisions of the Constitution, with all its
amendments, exceptions and modifications, to apply to the area of Jammu and Kashmir.The Bill proposes
wide powers to the Lieutenant Governor of the proposed Union Territory of Jammu and Kashmir and makes
it the “duty” of the Chief Minister of the Union Territory to “communicate” all administrative decisions and
proposals of legislation with the LG.

All Central laws and State laws of J&K would apply to the new Union Territories of J&K and Ladakh. Assets and
liabilities of J&K and Ladakh would be apportioned on the recommendation of a Central Committee within a
year.Employees of State public sector undertakings and autonomous bodies would continue in their posts for
another year until their allocations are determined.The police and public order is to be with the Centre.The
notification amends the expression “Constituent Assembly”, contained in the proviso to clause (3) of Article
370, to mean “Legislative Assembly”.

The Legislative Assembly may make laws for the whole or any part of the Union Territory of Jammu and
Kashmir with respect to any of the matters enumerated in the state list except on subjects “public order” and
“police” which will remain in the domain of the Centre vis-a-vis the LG.
In case of inconsistencies between laws made by Parliament and laws made by the Legislative Assembly,
earlier law shall prevail and law made by the Legislative Assembly shall be void.
 2.ಜಮ್ಮು ಮತ್ತು ಕಾಶ್ು ೀರದ ವಿಶೇಷ ಸ್ಥಾ ನಮಾನ ಮತ್ತು ಭಾರತೀಯ
ಒಕ್ಕೂ ಟದೊಂದಿಗಿನ ಜಮ್ಮು ಮತ್ತು ಕಾಶ್ು ೀರದ ಸಂಬಂಧದಲ್ಲಿ ನ ಇತು ೀಚಿನ
ಬದಲಾವಣೆಗಳನ್ನು ವಿವರಿಸಿ? Elaborate the Special status of Jammu & Kashmir
and the recent changes in the relationship of Jammu & Kashmir with Indian union?
The role of the Chief Minister will be to communicate to the L-G all decisions of the Council of Ministers relating
to the administration of affairs of the Union Territory and proposals for legislation and to furnish such
information relating to the administration of affairs as the L-G may call for.
Role and powers of the Lieutenant Governor is also changed.The Bill specifies that the Union Territory of
Jammu and Kashmir and the Union Territory of Ladakh will have a common Lieutenant Governor.The President
shall appoint the L-G under article 239. The L-G will be assisted by advisors appointed by the Centre since the
Union Territory will not have a Legislative Assembly.

In the case of Union Territory of Jammu and Kashmir, the L-G shall “act in his discretion” on issues which fall
outside the purview of powers conferred on the Legislative Assembly, in which he is required to exercise any
judicial functions, and/or matters related to All India services and the Anti-Corruption Bureau.The Chief
Minister shall be appointed by the L-G who will also appoint other ministers with the aid of the CM. The L-G
shall also administer the oath of office and of secrecy to ministers and the CM. The L-G will have the power to
promulgate ordinances which shall have the same force and effect as an act of the Legislative Assembly
assented by the L-G.