Special Provisions for Jammu and Kashmir provided in the Constitution of India
The Temporary, Transitional and Special provisions for the state of Jammu and Kashmir are provided in part XXI of the Indian Constitution. Article 370 deals with the State of Jammu & Kashmir which forms a part of the ‘territory of India’ as defined in Article 1 of the Constitution, being the fifteenth State included in the First Schedule of the Constitution, as it stands amended.
Nevertheless, the special Constitutional position which Jammu & Kashmir enjoyed under the original Constitution has been maintained, so that all the provisions of the Constitution of India relating to the States in the First Schedule are not applicable to Jammu & Kashmir. This is the only State which has its own Constitution.
No law passed by the Parliament regarding the state of Jammu and Kashmir can be applied to the state without the Order of President of India in concurrence of the State government.
No such conditions exist in the case of other states. In the original Constitution of Jammu and Kashmir, the provisions of Article 370 were described as “temporary” measures.
The important provisions of the Constitution of Jammu and Kashmir can be summarized as follows:
- Territory of Jammu and Kashmir consists of all those areas which were under the sovereignty of erstwhile ruler. These areas include that territory which is at present under the occupation of Pakistan.
- Out of 123 assembly seats of Jammu and Kashmir, 25 allotted to the Pakistan occupied portion of Kashmir, remain vacant because the situation is unsuitable for the election there;
- Though the executive and legislative powers of the State government cover the entire state, yet these powers do not apply to those areas which come under the jurisdiction of Parliament;
- The “permanent residents” of Jammu and Kashmir enjoys all rights which are guaranteed in the Constitution of the Country.
- A majority of not less than two-thirds of the members of the house can amend the Constitution by passing a bill. But the bill cannot make the changes in provisions relating to the relationship between the state and the Union.