Constitutional Provisions Related To Jammu And Kashmir

India gained its independence on the 15 of August of 1947 and whereas Pakistan attained independence on 14 of August of the same year. The state of Kashmir was given the special status of being an Union Territory under the article 370. Jammu and Kashmir is totally autonomous and has its own constitution.

History

India gained its independence on the 15 of August of 1947 and whereas Pakistan attained independence on 14 of August of the same year. The state of Kashmir was given the special status of being an Union Territory under the article 370. Jammu and Kashmir is totally autonomous and has its own constitution. This area has been under unrest since 1947. It is a feudal ground for India and Pakistan.

Indian residents were not allowed to buy land or exercise any of their rights in kashmir.

Indian and Pakistan both agreed that they would not fight with each other over the state of Kashmir. But in October, with the support of Pakistan, “Azad Kashmir Force”attacked Jammu and Kashmir and the then ruler Maharaja Hari Singh, sought the support of India and then ended up acceding into India.

How Is Jammu and Kashmir Different From Other Indian States?

There are several features that enable us to distinguish between Jammu and Kashmir and other Indian states.

Separate Constitution

Jammu and kashmir is the only Indian state that has its own separate and distinctive constitution. The constitution of Jammu and Kashmir was enacted to prevent any country that is india or pakistan from implementing their own constitution hence creating more feud.  The constitution of Jammu and Kashmir was enacted by a separate assembly and came to force on 26 January 1957.

Autonomy

The state and constitution of Jammu and Kashmir enjoys the right to autonomy in certain matters. Autonomy here stands for the concept that the state of jammu and kashmir without any external influence or interference can unilaterally can take decisions for the people. The union government has no right and hence cannot suspend the constitution of jammu and Kashmir.

High Court

Compared to other states the high court of Jammu and Kashmir has less powers. It cannot make or declare any law that is in the constitution as illegal or call it unconstitutional.

What Does Article 370 Say?

One of the Jammu and Kashmir constitution articles has been of great importance and is discussed in detail. Further under the constitutional rules, several Jammu and Kashmir constitution articles are applicable to the state.

Article 370 is written under the Indian Constitution. From 1954 to 2019, the Indian constitution used to still administer jammu and kashmir as a state of India, but after October of 2019, the article 370 gave full autonomy to Jammu and Kashmir to have its own separate constitution, flag and autonomic powers of internal state administration.

Article 370 being applied allows Jammu and Kashmir to decide by itself how much the constitution of Jammu and Kashmir would like to depend upon the Indian Constitution and its application to the state and its internal rulings.

Under this, Indian citizens cannot purchase land in Jammu and Kashmir due to its own ruling set of laws. But this was remedied in 2019 and except clause 1 of article 370 all other clauses are still applicable to Jammu and Kashmir.

Conclusion

Jammu and Kashmir is the most famous and revered state in India. Surrounded by lush snow capped mountains and greenery, it is often a very famous tourist and pilgrimage destination due to the presence of various temples and shrines. India gained its independence on the 15 of August of 1947 and whereas Pakistan attained independence on 14 of August of the same year. The state of Kashmir was given the special status of being an Union Territory under the article 370. Jammu and Kashmir is totally autonomous and has its own constitution.

Features of the constitution of Jammu and Kashmir along with article 370 have been discussed.