What are features of the Constitution of J&K?
Q. Which of the following are features of the J&K Constitution?
1) Residents of the state are entitled to all rights guaranteed under the Constitution of India.
2) Bicameral legislature.
3) Concept of Permanent residents of the state.
4) Territory of J&K includes Pak occupied Kashmir.- Published on 09 Mar 17a. 1, 2, 3
b. 1, 4
c. 2, 3
d. All of the above
ANSWER: All of the above
- In September-October 1951, the Constituent Assembly of J&K was elected by the people of the state on the basis of adult franchise to prepare the future Constitution of the state.
- It was also to determine its relationship with the Union of India.
- This sovereign body met for the first time on 31 October 1951, and took about five years to complete its task.
- The Constitution of J&K was adopted on 17 November 1957, and came into force on 26 January1957.
Its salient features (as amended from time to time) are -
a. It declares the State of J&K to be an integral part of India.
b. It secures justice, liberty, equality and fraternity to the people of the state.
c. It says that the State of J&K comprises all the territory that was under the ruler of the state on 15 August 1947.
d. This means that the territory of the state also includes the area which is under the occupation of Pakistan.
e. It lays down that a citizen of India is treated as a ‘permanent resident’ of the state if on 14 May 1954 -
1. he was a state subject of Class I or Class II; or
2. having lawfully acquired immovable property in the state, he has been ordinarily resident in the state for 10 years prior to that date; or
3. any person who before 14 May, 1954 was a state subject of Class I or Class II and who, having migrated to Pakistan after 1 March 1947, returns to the state for resettlement;
f. It clarifies that the permanent residents of the state are entitled to all rights guaranteed under the Constitution of India.
g. But, any change in the definition of ‘permanent’ can be made by the state legislature only.
h. It contains a list of directive principles that are to be treated as fundamental in the governance of the state. However, they are not judicially enforceable.
i. It provides for a bicameral legislature consisting of the legislative assembly and the Legislative Council.
j. The assembly consists of 111 members directly elected by the people. (Original strength was 100 which was increased to 111 in 1987).
k. Out of this, 24 seats are to remain vacant as they are allotted for the area that is under the occupation of Pakistan. Hence, as an interim measure, the total strength of the Assembly is to be taken as 87 for all practical purposes.
l. The council consists of 36 members, most of the mare elected in an indirect manner and some of them are nominated by the Governor, who is also an integral part of the state legislature.
