What is the current relationship between J&K and India?
Q. Regarding the current relationship between J&K and India which of the following is/are true?
1) Fundamental Duties are not applicable to J&K.
2) Preventive detention laws made by the Parliament are not applicable to J&K.
3) Part VI of the Constitution of India is not applicable to J&K.
4) Constitution (Application to Jammu and Kashmir) Order, 1950 is basic order that regulates the constitutional position of J&K and its relationship with the Union.- Published on 09 Mar 17a. 1, 2 and 3
b. 1, 2 and 4
c. 2 and 4
d. All of the above
ANSWER: 1, 2 and 3
- In pursuance of the provisions of Article 370, the President issued an order called the Constitution (Application to Jammu and Kashmir) Order, 1950, to specify the Union’s jurisdiction over the state.
- In 1952, the Government of India and the State of J&K entered into an agreement at Delhi regarding their future relationship.
- In 1954, the Constituent Assembly of J&K approved the state’s accession to India as well as the Delhi Agreement.
- Then, the President issued another order with the same title,that is, the Constitution (Application to Jammu and Kashmir), Order, 1954.
- This order superseded the earlier order of 1950 and extended the Union’s jurisdiction over the state.
- This is the basic order that, as amended and modified from time to time, regulates the constitutional position of the state and its relationship with the Union.
At present, the relationship is as follows -
- Jammu and Kashmir is a constituent state of the Indian Union and has its place in Part I and Schedule I of the Constitution of India (dealing with the Union and its Territory).
- But its name,area or boundary cannot be changed by the Union without the consent of its legislature.
- The State of J & K has its own Constitution and is administered according to that Constitution.
- Hence, Part VI of the Constitution of India (dealing with state governments) is not applicable to this state.
- The very definition of ‘state’ under this part does not include the State of J&K.
- Parliament can 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.
- But, the residuary power belongs 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.
- Further, the power to make laws of preventive detention in the state belongs to the state legislature.
- This means that the preventive detention laws made by the Parliament are not applicable to the state.
- Part III (dealing with Fundamental Rights) is applicable to the state with some exceptions and conditions.
- The Fundamental Right to Property is still guaranteed in the state.
- Also, certain special rights are granted to the permanent residents of the state with regard to public employment, acquisition of immovable property, settlement and government scholarships.
- Part IV (dealing with Directive Principles of State Policy) and Part IV A (dealing with Fundamental Duties) are not applicable to the state.
