Constitution of Jammu and Kashmir

Jammu and Kashmir is the only state in India that has its own Constitution and also the National Flag. Along with the Constitution of Jammu and Kashmir, the Indian Constitution is also applied in the state. It was on 17 November 1956 that the Constitution was adopted by Jammu and Kashmir, and it came into effect on 26 January 1957. The constitution of Jammu and Kashmir was rendered infructuous on 5 August 2019 and ceased to be applicable by an order signed by the country’s President. 

Historical Aspects of the constitution of Jammu and Kashmir

It was on 15 August 1947 that India gained independence from the United Kingdom, and Pakistan was also created as an independent country on the same date as a result of the partition of India. Jammu and Kashmir, then a princely state ruled by Maharaja Hari Singh, chose to remain independent. Jammu and Kashmir signed an agreement with both India and Pakistan that no country would attack the state. But on 6th October 1947, Kashmir was attacked by Pakistan to achieve forcible accession to Pakistan. It was when Maharaja Hari Singh, to save Jammu and Kashmir, requested an Instrument of Accession to India.

The Instrument of Accession gave limited powers to the Indian government over Jammu and Kashmir only about the three subject matters, which included foreign affairs, communications, and defence. The same IoA was signed between the Indian government and other princely states. Although the other states later merged with India making the country wholesome, the relationship of Jammu and Kashmir with the Indian government was regulated by special circumstances. It was in the pursuance of commitments between the state and the Indian government that Article 370 was incorporated into the Constitution of Jammu and Kashmir. 

Features of the Constitution of Jammu and Kashmir

1. The Constitution states that the State of Jammu and Kashmir is an integral part of the nation.
2. The Constitution of Jammu and Kashmir provides justice, freedom, fraternity, and equality to the residents of the state.
3. According to the constitution, the Indian citizen is treated as a permanent resident of the state on May 14, 1954….
   1. Lawfully owns the property in Jammu and Kashmir.
   2. Has been residing in the state for 10 years before May 14, 1954
   3. Have migrated to Pakistan on 1 March 1947 but returned to the state for resettlement.
4. The constitution provides all the rights to the state’s permanent residents, but it is the state legislative assembly that determines who will be the ‘permanent residents.
5. The state is acquainted with the bicameral system, i.e. 111 members are elected by the public in the Vidhan Sabha. Out of these members, 24 posts are secured for ‘Pak occupied Kashmir’.
6. The constitution grants executive powers of the state for the duration of five years to the governor.

Article 370: An Overview

It is Article 370 incorporated in Part XXI of the Indian constitution that gave a special status to the Jammu and Kashmir. According to this article, Jammu and Kashmir have the power to have a separate constitution, a state flag, and autonomy related to the internal administration. The article states that the Constituent Assembly of Jammu and Kashmir is authorised to recommend the extent to which the Constitution of India would be applicable to the state. 

It was on 5 August 2019 that the special status granted to Jammu and Kashmir under Article 370 was revocated by the Union Government through a presidential order that made the Indian Constitution applicable to the entire Jammu and Kashmir.

Jammu and Kashmir Citizenship Act: Article 35A

It is the Jammu and Kashmir citizenship Act (Article 35A) of the Indian Constitution that empowers the state to decide who are the ‘permanent residents’ of Jammu and Kashmir and also provides special rights and privileges to them. The privileges included under the Jammu and Kashmir citizenship Act are the ability to purchase immovable property and land, seek government employment, obtain higher education and health care, ability to vote, and contest elections. 

On 5 August 2019, a new Presidential order was issued by the country’s President stating that all the provisions of the Indian Constitution will be applicable to Jammu and Kashmir without any special provisions. This implied that all special privileges granted by Article 35A would stand inoperative in the state. 

Conclusion

The Constitution of Jammu and Kashmir came into effect on 26 January 1957. It basically defines the framework for the government of Jammu and Kashmir. Article 370 gave J&K a special status in the country, and article 35A empowered J&K to determine who is a ‘permanent resident’ of the state. It was on 5 August 2019 that the constitution of Jammu and Kashmir was rendered infructuous and thus, ceased to be applicable to the state by an order signed by the country’s President.