Chapter Info (Click Here)
Book No. – 006 (Indian Polity)
Book Name – Introduction to the Indian Constitution (D.D. Basu)
What’s Inside the Chapter? (After Subscription)
1. Constitutional Position of Jammu & Kashmir
2. Presidential Orders and Modification of Article 370
3. Jammu and Kashmir Reorganisation Act, 2019
4. Official Languages
5. Historical Context of Jammu & Kashmir’s Special Status
6. Constitutional Position of Jammu & Kashmir
7. Legal Implications of the Accession
8. Position of Jammu & Kashmir in the Indian Constitution
9. Constitution (Application to Jammu & Kashmir) Orders
10. Formation of the Constituent Assembly of Jammu & Kashmir
11. Transition from Maharaja to Elected Government
12. Ratification of Accession and Constitutional Orders
13. Drafting and Adoption of the State Constitution
14. Important Provisions of the State Constitution of Jammu & Kashmir
15. Declaration of State and Territory,
16. Head of the State Government
17. Legislature of the State
18. Judiciary and Civil Service
19. Political Challenges and the Plebiscite Issue
20. Presidential Order of 5 August 2019
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Jammu and Kashmir
Chapter – 15
Constitutional Position of Jammu & Kashmir
The erstwhile State of Jammu & Kashmir held a unique position under the Constitution of India. It was part of the “territory of India” as defined in Article 1 of the Constitution and was included as the 15th State in the First Schedule. Initially, Jammu & Kashmir was categorized as a “Part B” State.
The States Reorganisation Act, 1956, abolished the Part B State category, and the Constitution (Seventh Amendment) Act, 1956 included Jammu & Kashmir in the consolidated list of States of the Union of India. Despite this, the special constitutional status under Article 370 was maintained, meaning that provisions applicable to other States in the First Schedule did not automatically apply to Jammu & Kashmir.
Presidential Orders and Modification of Article 370
On 5 August 2019, the President of India, in exercise of powers under clause (1) of Article 370, issued the Constitution (Application to Jammu and Kashmir) Order, 2019. This Order:
Came into force immediately.
Superseded the Constitution (Application to Jammu and Kashmir) Order, 1954.
Made all provisions of the Indian Constitution applicable to Jammu & Kashmir.
Article 370(1) empowers the President to apply provisions of the Constitution of India with such exceptions and modifications as deemed necessary. Using this authority, the 2019 Order added Clause (4) to Article 367, which provides:
(a) References to the Constitution shall be construed as applied to Jammu & Kashmir.
(b) References to the Sadar-i-Riyasat shall be construed as Governor of Jammu & Kashmir.
(c) References to the Government of the State shall include the Governor acting on advice of Council of Ministers.
(d) The term “Constituent Assembly of the State” shall read as “Legislative Assembly of the State”.
Both Houses of Parliament passed resolutions recommending the modification of Article 370. On 6 August 2019, the President declared that all clauses of Article 370 shall cease to be operative, except for the provision stating that:
All provisions of the Constitution, as amended from time to time, shall apply to Jammu & Kashmir without modifications or exceptions, overriding any contrary provisions in Articles 152, 308, or any local laws, customs, treaties, or agreements.