Emergency provisions regarding J&K
Q. Which of the following sentence/sentences is/are correct?
1) President’s Rule cannot be declared in J&K.
2) The jurisdictions of the Election Commission and CAG are applicable to the state.- Published on 09 Mar 17a. Only 1
b. Only 2
c. Both 1 and 2
d. None of the above
ANSWER: Only 2
- 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.
- The President has no power to declare a financial emergency in relation to the state.
- 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.
- 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 be declared in the state, namely, President’s Rule under the Indian Constitution and Governor’s Rule under the state Constitution.
- In 1986, the President’s Rule was imposed in the state for the first time.
- 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 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 -
1. The state has a much greater measure of autonomy and power than enjoyed by the other states.
2. Centre’s jurisdiction within the state is more limited than what it has with respect to other states.
